Monday, January 3, 2011

REVISED GUIDELINE ON BUSINESS PERMIT AND QUOTA

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REVISED GUIDELINE ON BUSINESS PERMIT AND QUOTA

(1)INTRODUCTION

The Citizenship and Business Department has responsibility for administering and enforcing the provisions of the immigration Act, 1963 relate to the establishment of business in Nigeria and the employment of expatriates. In other Words, the Department is entrusted principally with the following responsibilities;

(i) Issuance of Business Permit and expatriate Quota positions; and

(ii) Monitoring the execution of the quota positions granted in order to ensure
effective transfer of technology to Nigerians and eventual indigenisation of
the positions occupied by the Expatriates.

(2) 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 3 (C) of this Handbook.

(3) 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.
(i) Completed Immigration Form T/1;

(ii) Certificate of Incorporation;

(iii) Memorandum and Article of Association;

(iv) Feasibility Report (should be certified or registered with Corporate Affairs
Commission (CAC)

(v) Corporate Affairs Commission’s Form CAC 2.3 ^ 2.5 of CAC C02 & C07

(vi) Joint Venture Agreement for partnership venture between Nigerian and
foreigners (original to be presented for sighting);

(vii) Company’s Current Tax Clearance Certificate (Original to be presented
for sighting);

(viii) 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

Same documents as in (a) above plus:

(i) 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.

(ii) 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);

(iii) 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)

(iv) 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).

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