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).
(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; and
(ix) Annual income tax Clearance certificate of the
Expatriate staff (original to
be presented fro sighting);
(D) ADDITIONAL EXPATRIATE QUOTA
Same documents as for renewal of expatriate quota
plus:
(i) 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;
(ii) Evidence of new contract if Company is engaged in
construction/engineering and oil (original to be
presented for Sighting) see
b (ii) for guidance;
(iii) 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);
(iii) Certified and Detailed Audited Account;
(iv) Certificate of Incorporation
(v) Monthly Returns of Expatriate Quota;
(vi) Company Organisation Structure; and
(vii) 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:
(i) political / policy direction of Government;
(ii) company’s area of business to fall within priority
sectors of the
economy;
(iii) Evidence that P/U.R would guarantee Technology
transfer; and
(iv) 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
(i) 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;
(ii) Extract of Minute of Board of Directors Meeting showing
decision taken and
attendance.
(iii) Evidence of resignation / appointment of Directors
(old & new) where
applicable; and
(iv) 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.
(K) FEES PAYABLE FOR SERVICES
RENDERED
From time to time, fees payable for services
rendered are subject to review. The currently reviewed fees
are as follows:
S/N |
DESCRIPTION |
COST
$ |
1. |
Processing
fees |
2,500 |
2. |
Grant of Establishment
Quota(Per Slot) |
1000 |
3. |
Renewal of Quota Position
(Per Slot) |
5,000 |
4. |
Additional quota (Per
Slot) |
10,000 |
5. |
Stay of Action |
5,000 |
6. |
Grant
of Business permit |
2,500 |
7. |
Amendment of Business
permit |
2,500 |
8. |
Regarding of quota (per
slot) |
10,000 |
9. |
Appeal
Processing fee
|
10,000 |
10. |
Restoration of Lapsed
quota |
55,000 |
11. |
upgrading of quota to
P.V.R (Per Slot)
|
$10,000 |
12. |
Re-designation of P.U.R
slot (GM to MD or MD to GM
etc) |
$10,000 |
13. |
Detagging
/ Extension of quota(Per Slot) |
10,000 |
14. |
Revalidation of Lapsed
quota(Per Slot) |
10,000 |
15. |
Penalty for late submission of
Renewal of private license |
150,000 |
|