By Kayode Lawrence-Omole

Introduction

In the high-stakes environment of oil and gas exploration, operational efficiency hinges on the ability to rapidly mobilise specialist talent, often across borders and on rotation. For many Exploration & Production (E&P) operators in Nigeria, the Temporary Work Permit (TWP) regime has become the preferred platform for facilitating short-term, project-based expatriate deployments, particularly for field engineers and consultants. But, as the industry’s reliance on rotational work structures grows, so do regulatory concerns and scrutiny over compliance with immigration laws. E&P operators that exploit the TWP scheme to accommodate long-term employees in the guise of rotational staffing may face immigration penalties and disrupted operations.

This article examines how the TWP regime interacts with rotational staffing models in the oil and gas exploration sector, providing key insights for legal optimisation. It highlights the core compliance risks E&P executives should prioritise, and offers practical compliance strategies for companies to remain proactive without crossing regulatory lines.

TWP Regime in Context

The TWP is an immigration facility issued by the Nigerian Immigration Service (NIS) that allows expatriates to enter Nigeria for specialised, short-term assignments. In the oil and gas sector, TWPs are commonly used to bring in technical personnel for specific phases of exploration, drilling, commissioning, or equipment installation. Unlike the Subject to Regularisation (STR) visa, which is geared toward longer-term employment and tied to the Expatriate Quota (EQ) system, the TWP is non-renewable beyond a narrow scope and cannot be converted to permanent status.

For E&P operators, TWP is preferred because it is ideal for urgent specialist deployment without employment obligations and involves fewer procedural and documentary requirements with no bearing on expatriate quota slots.

However, the same flexibility that makes TWPs attractive also makes them a regulatory minefield. Multiple entries under consecutive TWPs for the same individual, especially in rotational patterns, can easily appear to immigration authorities as an attempt to circumvent standard employment protocols.

Increasingly, the NIS is taking a closer look at how TWPs are used, particularly in the oil and gas sector, where rotational work is the norm. There is also growing scrutiny from the Nigerian Content Development and Monitoring Board (NCDMB), which sees excessive reliance on foreign contractors, even short-term ones, as counter to local content policy.

Recent Changes to the TWP Regime

On 1 May 2025, the Federal Ministry of Interior implemented some changes to the TWP regime. Applications for TWP visas can now be made online through the NIS portal without prior approval from the NIS. The TWP visas fall into two categories, based on the duration of stay. The first category offers a three-month, non-renewable permit. The second offers a multiple-entry, six-month, non-renewable permit.

Additionally, the fees for both visas have been modified and are now pegged to a percentage of the Combined Expatriate Residence Permit and Alien Card (CERPAC). The fee for the three-month visa is fixed at $600, while it is $1,100 for the 6-month visa.

The implications of these reforms are clear and immediate. E&P operators will experience streamlined TWP processes, but the new TWP fees will necessitate budgetary adjustments.

Rotation Realities

Rotational workforce models—such as 28/28, 20/10, or 6/2 week cycles—are fundamental to efficient oilfield operations, especially in remote or offshore environments where constant uptime is essential. These schedules allow operators to deploy highly skilled personnel for intensive, short periods while managing fatigue, safety, and cost. Rotational workforce models are ideal for normal employees, but may raise compliance issues when extended to short-term, project-based workers.

Although TWPs are legally intended for single-entry, short-duration assignments, many E&P operators and their service contractors, in practice, rely on back-to-back TWP issuances to keep key foreign personnel in the field on a rolling basis. This may appear efficient from a project standpoint, but it creates three major legal tensions:

  1. Immigration Perception vs Operational Intent

When the same individual enters Nigeria multiple times in a year on TWPs, often performing similar duties each time, immigration authorities may view this as an attempt to sidestep the Expatriate Quota (EQ) framework. This blurs the line between temporary consultancy and permanent employment.

  1. Contractor Classification & Employment Risk

Repeated deployment of foreign technicians under short-term permits may also raise questions about their employment status. Are they truly independent consultants, or de facto employees? This matters because if authorities or courts see them as employees, companies may face unintended obligations under Nigerian labour law, ranging from tax exposure to employment benefits liabilities.

  1. Local Content Optics

Beyond immigration, frequent use of foreign staff, even temporarily, may raise red flags with the NCDMB. The agency closely monitors workforce composition in the oil and gas sector, and a rotation-heavy expat model may be seen as undermining efforts to build local capacity, especially if knowledge transfer is not demonstrably occurring.

Key Risks for E&P Operators

While TWP offers tactical benefits for oilfield staffing, misaligned use can create significant risks, both regulatory and reputational. Many E&P companies unknowingly cross legal limits due to poor rotation planning, particularly when legal teams are brought in too late in the deployment process.

Here are the key areas of exposure executives should prioritise:

  1. Immigration Compliance Risk

The NIS is increasingly alert to patterns of repeated short-term entry under TWP visas, especially for roles that appear permanent. Red flags include multiple TWPs issued to the same individual within short intervals and the use of TWPs for managerial functions. Companies that misuse TWPs may face fines, revocation of visa approvals, and delays in permit processing for future deployments

  1. Labour & Employment Law Exposure

TWPs are intended for contractors or consultants, not full-time employees. Accordingly, companies using TWPs to bring in the same individuals on a rotational basis may lead to claims of disguised employment under Nigerian labour law, which in turn exposes the company to wage and tax obligations.

  1. Nigerian Content Compliance Risk

The NCDMB actively monitors the ratio of foreign to local personnel in oilfield operations. Over-reliance on expatriate rotations, even short-term, may trigger audits or requests for justification under local content plans. Non-compliance may lead to project delays or licensing issues, and additional reporting obligations

Strategies for Legal Optimisation

For E&P companies operating in Nigeria, the key to sustaining rotational staffing models without regulatory backlash lies in strategic legal planning, not short-term workarounds. With the right internal frameworks, oilfield operators can meet project demands while staying within the bounds of immigration, labour, and local content law.

Here are practical strategies executives should adopt to optimise legal compliance across the rotation lifecycle:

  1. Align Rotational Planning with Visa Requirements

Before assigning a foreign worker to a rotation cycle, ensure their immigration status matches the scope, duration, and recurrence of their work. Use TWPs sparingly, ideally for one-off, short-term assignments. Switch to STR Visas for longer or recurring deployments. Also, avoid serial TWPs for the same individual unless there is clear legal justification and documented gaps between entries

  1. Structure Contracts with Compliance in Mind

Whether using third-party contractors or directly sourcing expatriate talent, contractual documentation should reflect legal boundaries. Define the nature of engagement clearly, whether it is consultancy or employment. Set fixed start and end dates aligned with immigration timelines and clarify responsibilities for visa procurement and renewals.

  1. Build Cross-Functional Compliance Teams

E&P operators should create dedicated compliance checkpoints that bring together operations managers (who plan field rotations), legal and Human Resource teams (who understand regulatory exposure), and immigration advisers or external counsel (to monitor updates and best practices).

  1. Integrate Local Content Considerations

Optimisation is not just legal—it’s strategic. Embedding local content priorities into workforce planning strengthens your regulatory posture. Pair expatriates with Nigerian understudies during field rotations. Document skills transfer and local capacity-building efforts, and collaborate proactively with the NCDMB on long-term workforce plans.

Conclusion

Rotational deployment will always be a cornerstone of oilfield operations. But in today’s tightening regulatory environment, the use of the TWP regime demands meticulous planning and operational discipline. Understanding the limits of the TWP regime is key to building compliant oilfield rotational systems, helping E&P operators to avoid costly interruptions and fines.

Author Kayode Lawrence-Omole, Managing Associate, Dentons ACAS-Law Email: olukayode.lawrence-omole@dentons.com, Tel: +2348077771670

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