APPLICATION FOR GRANT OF BUSINESS PERMIT AND EXPATRIATE QUOTA IN NIGERIA

GENERAL RULES APPLICABLE TO ALL COMPANIES

Every enterprise, desirous of obtaining Business Permit and Expatriate Quota, is to submit an application to that effect to the Federal Ministry of Internal Affairs on Form T/1 designed for that purpose Companies are, however, to note that emphasis would be placed on employment of Nigerians to understudy the foreign experts for the purpose of training them, to enable the understudies acquire relevant skills for the eventual take-over of the expatriate quota positions. Renewal of quotas granted will not be automatic but considered on merit based on submission of the required documents, as specified in paragraph C.

GRANT OF BUSINESS PERMIT / EXPATRIATE QUOTA POSITION

All applications by companies for Business Permit and expatriate Quota should be accompanied by the following documents:

A.  BUSINESS PERMIT
For only Joint Venture and wholly Foreign owned Companies.

1. Completed Immigration Form T/1
2. Certificate of Incorporation
3. Memorandum and Article of Association
4. Feasibility Report (should be certified or registered with Corporate Affairs commission (CAC)
5. Corporate Affairs Commission’s Form CAC 2.3 ^ 2.5 of CAC C02 & C07
6. Joint Venture Agreement for partnership venture between Nigerian and foreigners (original to be presented for sighting)
7. Company’s Current Tax Clearance Certificate (Original to be presented for sighting)
8. Lease agreement for C of O for opening premises (original to be presented for sighting)

NOTE:
For Business permit, the Authorized share capital must not be less than N10 million in respect of each Company.

B.GRANT OF EXPATRIATE QUOTA ONLY
i.Same documents as in (a) above plus:

ii. Evidence of imported machinery, such as, Form M, Proforma invoice, Shipping documents and Clean Certificate of Inspection issued by Government appointed Pre-shipment Inspection Agents.

iii. License / Permit / Certificate from relevant Government Agencies / department / ministries for the operation or execution of project if company is engaged in oil services, health care services, fishing, mining, constructions (Work Registration Board), etc (original to be presented for sighting)

iv. Evidence of work at hand, its duration and value attached to the contract(s) if the company is engaged in building, civil engineering, construction, etc (original to be presented for sighting)

v. Proposed annual salaries to be paid to the expatriates to be recruited indicating designation, names, jobs description and qualifications (CV and copies of credentials of expatriate to be attached).

C.  RENEWAL OF EXPATRIATES QUOTA

i.Completed Immigration Form /T2

ii. Corporate Tax Clearance Certificate (original to be presented for sighting)

iii. Current Tax Clearance certificate of the expatriate (original to be presented for sighting)

iv. Expatriate Quota Returns for the three months preceding the date of approval.

v. Detailed Training programme for Nigerians

vi. List of Nigerians understudying expatriate on prescribed formats showing date employed, qualification, etc.

vii. List of Nigerian Senior/Management Staffs showing names, designations, qualifications, salaries per annum

viii. Certificate Current Audited Accounts

ix. Annual income tax Clearance certificate of the Expatriate staff (original to be presented fro sighting);

D.  ADDITIONAL EXPATRIATE QUOTA
i.Same documents as for renewal of expatriate quota plus:

ii.Evidence of acquired machinery or expansion of company is engaged in manufacturing in the form of Clean Certificate of inspection (CCI) issued by Government appointed Pre shipment inspection Agents

iii. Evidence of new contract if Company is engaged in construction/engineering and oil (original to be presented for Sighting) see  b (ii) for guidance.

iv.Evidence of acquired farm / factory if Company is engaged in agro-allied business (original to be presented for sighting).

E.  RESTORATIONS OF QUOTA
In applying for restoration, there must be reasons and proof for the reactivation and revitalizing the company i.e. previously depressed economy, increased demand for the Company’s product / services and acquisition of new machinery i.e. Clean Certificate of Inspection (CCI) issued by Government appointed Pre-shipment inspection
AGENTS.

F.  REDESIGNATION OF QUOTA
In case where a Company has difficulty in filling or owing to exigency of Operations, it is at liberty to apply for the re-designation of the affected position and this will be considered, purely on its own merit.

G.  PERMANENT UNTIL REVIEWED QUOTA – (P.U.R)
The main reason for the granting of P.U.R quota slot for which a Certificate would be issued, is to enable the foreign subscriber(s) adequately protect their interest and to give them a sense of greater commitment. The criteria and documents required for P.U.R are:

i. Minimum share capital should be N10 Million

ii.Appreciable net profit of which not less than N2 million has been paid as Corporate Tax (original to be presented for sighting)

ii. Certified and Detailed Audited Account

iii. Certificate of Incorporation

iv. Monthly Returns of Expatriate Quota

v. Company Organisation Structure

vi. Individual Income tax Clearance Certificate of the expatriates (original to be presented for sighting).

NOTE:
Other factors that would also be considered when considering P.U.R request include:

vii. political / policy direction of Government.

viii. company’s area of business to fall within priority sectors of the economy.

ix. Evidence that P/U.R would guarantee Technology transfer.

x. Company should have large quota portfolio and Corresponding share holding as an added qualification.

H.  QUOTA FOR INDIGENOUS COMPANY (FULLY-OWNED BY NIGERIANS
Same documents as in (b) above except Joint Venture Agreement .

I.  WHOLLY-OWNED FOREIGN COMPANY

i.Same documents as in (a) & (b) above except Joint venture Agreement

ii. Share Capital must not be less than N10 Million.

J.  AMENDMENT OF BUSINESS PERMIT

. Board Resolution on the changes in either the composition of the Board of directors, location of business or line of activities duly registered with Corporate Affairs Commission

i. Extract of Minute of Board of Directors Meeting showing decision taken and attendance.

ii. Evidence of resignation / appointment of Directors (old & new) where applicable

iii. Company Current Tax Clearance Certificate (original to be presented for sighting);
NOTE:
Board Resolution should indicate names of Directors present at the meeting and must be fully signed by the Chairman and Company Secretary.

Extracted from Nigerian Immigration Services Portal