The Immigration Regulations 2017 consolidate existing regulations and provide a legal framework for immigration. Key provisions include requiring business permits for foreigners establishing businesses and allowing residence permits for those with lawful entry valid up to 2 years. Permanent residence permits may be issued to those importing annual minimum capital over time. Employers must comply with expatriate quota rules like employing Nigerian understudies or face penalties. Non-compliance with permit renewals can result in fines and imprisonment.

1. 1
Review of the Immigration Regulations 2017
The Immigration Regulations 2017 (the Regulations) was recently released. The objectives
of the Regulations are:
- To provide a legal framework for the effective implementation of the Immigration
Act 2015;
- To consolidate existing Immigration Regulations.
However, there are other implications arising from the regulations, especially for businesses
and expatriates. This review will highlight the relevant provisions bordering on businesses
and expatriates.
Key Takeaways
Business Permits
The Regulations codify the requirement to obtain a Business Permit for foreigners who
intend to establish a business, profession or trade in the country. However, this does not
grant the holders a right of residence within the country. Companies are expected to still
bear immigration responsibility with respect to work/residence permit, in addition to
obtaining a business Permit
Any change in the name, nature or address of the business to which the Permit relates must
be communicated to the Minister or Comptroller-General within twenty-one days of the
change. Where Companies change names, relocate there operations or move offices, it is
expected that a notification is made to the Federal Ministry of Interior (FMI) or Nigeria
Immigration Service (NIS), as the case may be within 21 days.
Also important to note is the Power of the Minister to revoke, cancel or vary a Business
Permit at any time. Wide powers have been conferred on the Minister of Interior – it is
however unclear the basis on which the Minister may exercise his discretion to revoke,
cancel or vary a business permit
Residence Permits
Residence permits will be granted to persons who have obtained lawful entry into the
country. These are temporary and have a maximum validity period of 2 years. Expatriates
may be issued a 2 years residence permit, so long as the Expatriate Quota remains valid
for that duration.
Another key point is that foreign nationals who have imported an annual minimum
‘threshold of capital’ over a period of time may be issued a Permanent Residence Permit,
as long as the investment is not withdrawn and other prescribed conditions are met.

2. 2
The Regulations do not provide the time period and the minimum capital requirements to
obtain the permanent residence permit. Further clarification and operational guidelines
will still be required on this new category “Permanent Residence Permit”
ECOWAS Card
Residency and Registration of ECOWAS Nationals becomes critical when obtaining an
ECOWAS card, it is expected that ECOWAS Nationals desirous of residing and working in
Nigeria must register at the NIS Command in their place of residence. It is quite clear there
is an emphasis for registration on the basis of residency
Visitors Permit
Visitors to Nigeria can obtain a permit that allows them to stay in Nigeria for a period not
exceeding ninety days. The port of entry, date of entry and period of stay will be endorsed
on the permit. The issuance of this permit is based on the possession of a return ticket or
onward transportation ticket to another country by the applicant.
Transit Permit
Transit permits shall be issued for an initial period of seven days. However, they can be
extended upon application to the relevant Immigration office before the expiration of the
original permit. These extensions are not generally available and will be granted to only
certain classes of persons (which are not specified) or in special cases of authorisation by the
Comptroller-General.
Temporary Work Permit (TWP)
The Regulations, unlike the former regulations, codifies provisions on the Temporary Work
Permit. TWPs may be issued beyond stipulated quotas upon a letter of approval by the
Comptroller-General.
Visa on Arrival
The Regulations states that visas can now be issued on arrival to any person, after approval
of the Comptroller General.
Stay of Action
In practice, while an application for the renewal of an Expatriate Quota (EQ) is pending, the
EQ could expire making the relevant expatriates, liable to deportation. The Regulations have
codified a solution to this problem by providing that the Minister can issue a stay of action
for such deportations. Eligibility for such stay is dependent on the existence of a pending
application for the EQ(s).

3. 3
Foreign Nationals Married to Nigerians
Foreign nationals who are married to Nigerians can obtain residence permits. These permits
will serve as multiple re-entry permits, notwithstanding the class of visa such a foreigner
holds. 1
Change of Status of Residence
Registered immigrants are required to give notice to an Immigration Officer in the State
where they resides if:
- there is any circumstance which changes the accuracy of his registered
information;
- they have to leave their residences for a period beyond seven days;
- they intend to change residence from one state to another;
- they intend to change residence within the same state.
Also, an immigrant who moves to a new state must, within seven days inform an
Immigration Officer in that state.
Responsibilities House Holders
Householders of properties that immigrants reside are required to take reasonable measures
to ensure immigrants’ compliance with the regulations. The failure of the immigrants to
comply with the regulations entitles the householders to make a report to an Immigration
Officer. Managers and owners of hotels and boarding houses are also expected to keep
records, in the form of a register, of persons who stay in their lodgings.
By this provision, the Regulations impose a rule similar to the Know Your Customer
(KYC) Guidelines in other industries. While the Regulations state that householders
should reasonably ensure compliance with all the regulations, it is doubtful that this can
be practically enforced. Beyond ensuring that their tenants are not in the country illegally
and keeping proper records, a lessor or a landlord will not be expected to go above and
beyond in ensuring his/her tenant complies with all the regulations.
Powers of Immigration Officers
Several powers have been granted to Immigration officers under the Code. These are
enumerated below:
- Power of examination;
- Power to demand for particulars of immigrants
1
This regulation will not apply to same-sex marriages as they are illegal in Nigeria.

4. 4
- Power of arrest (with or without warrant), detention or prosecution;
- Power of search
Offences and Penalties
Knowledge of the following offences in the Regulations is important for expatriates and
multinational companies.
a. Offences Relating to Renewal of Permits
Any expatriate who fails to apply for:
- a regularization of stay within three months;
- renewal of Business Permits, Transit Visas, Visitors Pass or Temporary Work
Permits after expiration or
- a renewal of his/her residence permit, thirty days after its expiration,
will be liable to a fine of Five Hundred Thousand Naira (approximately One Thousand
Six Hundred Dollars) and/or an imprisonment term of three years.
It is important to note that prior to the issuance of these Regulations, there was no
requirement of renewal of Business Permits. They were issued as a one-off permit.
Subsequently, guidance on the modalities of the renewal of these permits will have to
be obtained from the Ministry of Interior.
b. Offences by Body Corporates
- For body corporates, if an offence occurs based on the instigation, connivance or
neglect of an officer of the body, the officer shall be liable to imprisonment of three
years and/or a fine of Two Million Naira (approximately Six Thousand Five
Hundred Dollars) . A body corporate convicted of an offence under the Immigration
Act is also liable to a fine of Five Million Naira (approximately Sixteen Thousand
Three Hundred Dollars) and may be wound up by Court Order. However, proof of
due diligence or unawareness of any connivance may act as a defence for officers of a
body corporate.
- Also, corporate bodies that refuse to renew their EQs within stipulated periods or
render EQ Monthly Returns are liable to a fine of Three Million Naira
(approximately Nine Thousand Eight Hundred Dollars). Companies with
expatriate quotas are required to employ Nigerians to understudy expatriate
employees. Failure by a corporate body to comply with this provision makes it liable
to a fine of Three Million Naira (approximately Nine Thousand Eight Hundred
Dollars ) for each month the position has been occupied without an understudy. The
relevant expatriate employees will also be deported.

5. 5
- Furthermore, the practice of allowing the utilization of one company’s quota
positions by another company (quota trafficking) is expressly prohibited. It is
necessary for HR Managers and Secretaries of companies to take note of these
provisions.
c. Enabling Illegal Residence
A person who, for material or financial benefits, facilitates, procures or enables the
illegal residence of a non-citizen in the country via fraudulent permits is liable to an
imprisonment term of ten years and/or a fine of One Million Naira (approximately
Three Thousand Two Hundred Dollars).
d. Obstruction of Justice
- If any person interferes with evidence, witnesses or exhibits such as to obstruct
justice, that person is liable to a term of fourteen years in prison and/or a fine worth
Two Million Naira (approximately Six Thousand Four Hundred Dollars)
Conclusion
Three key points arise from the Immigration Regulations:
- Upon the implementation of the Regulations, immigration into the country will be
stricter with reduced opportunities of circumventing the procedures.
- Multinationals and relevant company HR officers need to ensure that the rules on
EQs and other permits are well complied with, for the benefit of their companies and
expatriate employees.
- Nonetheless, there is a need for practice guidelines by the Ministry as some of the
Regulations contradict the existing practices without totally replacing them.
Should you have any questions relating to this analysis – please do not hesitate to reach:
Woye Famojuro
Woye.famojuro@famsvillesolicitors.com
Dayo Adu
dayo.adu@famsvillesolicitors.com