Resident Permit for Foreigners

A business permit is a government approval that allows a foreign national or foreign company to operate a business in Nigeria either as a branch or subsidiary of a foreign company or otherwise. Foreigners can legally start a business in Nigeria with the use of a business permit. This permit is gotten after applying to the Ministry of Interior and with the consent of the Minister of Interior.

These requirements are for wholly owned companies and joint ventures with foreign participation:

• Application on company’s letter head and paper addressed to the permanent secretary ministry of interior desk (NIPC/OSIC). The application letter must contain the RC number of the company, the names of directors, the names of the Directors, a functional Email Address and Phone Number        
• Certificate of incorporation of business name duly issued by the Corporate Affairs Commission
• Memorandum and Articles of Association
• Feasibility Report/Business plan
• CAC form 2.3 & 2.5 or CAC C02 & CO7 or CAC 1.1 or e-status report applicable (with minimum of share capital of (N10million)
• Joint venture agreement for partnership or venture between Nigerians and Foreigners
• Company’s Current Tax Clearance Certificate (Original to be presented for sighting) or individual income tax certificates for partnership businesses/firms as applicable
• Evidence of acquisition of operating premises I.E lease/tenancy agreement, C of O or R of O
• Certificate of Capital Importation along with a covering letter from the bank (where applicable)
• Evidence of importation of equipment/machinery with details of the value or Form M.
• Data page of international passport of directors/National identity card
• Bank statement

It is an approval granted to registered firms and companies to employ the services of expatriates with suitable competences, with a view to training Nigerians and transferring the necessary skills during the period of employment of the expatriates. An Expatriate Quota states the number of foreigners employable by business registered firms and companies operating or wishing to operate in Nigeria.

Below are the requirements for grant of an expatriate quota

• Application letter on company’s letter head
• Certificate of incorporation or registration of business name duly issued by CAC
• Memorandum and Articles of Association
• Feasibility report/Business plan or company profile where Applicable
• CAC form 2.3 & 2.5 or CAC CO2 & CO7 or CAC 1.1 or e-status report as applicable
• Joint venture agreement for partnership or venture between Nigerians and Foreigners
• Company’s Current Tax Clearance Certificate or individual income tax certificates for partnership businesses/firms
• Evidence of acquisition of operating premises i.e. lease/tenancy agreement, C of O or R of O
• Detailed training program for Nigerians
• Evidence of machinery imported, such as Form M, proforma invoice, shipping documents and clean certificate of inspection, bill of lading issued by the government appointed inspection at destination (where applicable)
• License/permit/certificate from relevant government agencies/department/ministries to operate business legally in Nigeria for companies engaged in oil exploration/services, health care services, fishing, mining, engineering services;
• Evidence of work at hand, its duration and value attached to the contact(s) if the company is engaged in building, civil engineering, construction (where application)
• Evidence of capital importation (where applicable)
• Job description of the proposed expatriate quota position to be recruited indicating designation and qualifications.

Any Company, Firm or Organization that satisfies the fundamental conditions and is lawfully registered in Nigeria and licensed to conduct business operations or approved activity can apply for and be awarded an Expatriate Quota.

Granting of Expatriate Quota is dependent on the registration with the Corporate Affairs Commission (CAC) or any other duly authorized governmental agency.