Visa Revocation And Expatriate Quota Policies

By Inwalomhe Donald

RECENTLY, the Minister of Interior, Rauf Aregbesola, revoked the Work Permit, Visa and Residence Permit of the Chief Executive Officer (CEO) of Seplat Energy Plc, Mr. Roger Brown, over allegations of racism, favouring of foreign workers and discrimination against Nigerian employees levelled against him by employees of the company. The federal government equally accused Brown of being in possession of a Combined Expatriate Residence Permit and Aliens Card (CERPAC) not based on a valid Expatriate Quota. It was also alleged that Brown failed to honour invitations by the Ministry’s panel, which investigated the matter. The revocation was contained in a March 3, 2023, letter to the Board Chairman of Seplat Energy Plc by the Minister of Internal Affairs. The letter titled “Withdrawal of Work Permit, CERPAC, Visa/Residence Permit of Mr. Roger Thompson Brown – CEO, SEPLAT Energy Plc” stated: “I write to inform you that the Ministry is in receipt of a petition from the Solicitor to the concerned workers and stakeholders of Seplat Energy PLC accusing Mr. Rogers Thomson Brown, the CEO of the companies of various allegations.

“These accusations include racism, favouring foreign workers and discriminating against Nigerian employees. Testimony was received from several witnesses, which supported the allegations. Mr. Roger T. Brown declined to attend despite two invitations, claiming to be unavailable even though we learnt he was in Abuja for other purposes at the time. Investigation and records in the Ministry also revealed that Mr. Roger Brown was in possession of CERPAC that was not based on validly issued Expatriate Quota approved by the Ministry of Interior resulting to the violation of relevant Immigration Laws and Regulations. As a result of these, the Honourable Minister has determined that Mr. Brown’s continued stay in Nigeria is contrary to national interest.”

Aregbesola is handling one of the critical aspects of expatriate employment in Nigeria which has long be neglected and the need for organizations seeking expatriate employees to comply with the laws and regulations defining the visa regime and residency in Nigeria. This expatriate quota administration had been neglected for so long before Aregbesola was appointed the Minister of Interior. It is, therefore, imperative for these organisations and for Aregbesola to ensure that they have authentic Expatriate Quota (EQ) approvals issued by the Federal Ministry of Interior (FMI). Section 56 (5) of the Immigration Act, 2015 prescribes a jail term of five (5) years or a fine of one million naira (N1m), or both to anyone who makes a false representation to any officer of the Nigeria Immigration Service (NIS). The Act seeks to address issues of noncompliance in all its ramifications with the enabling legislation. Consequently, it is no longer going to be business as usual for those who feel they can obtain EQ approvals through the back door and present such to the NIS as authentic documentation to support the applications for visas and residence permit on behalf of their expatriates. Anyone caught by Rauf Aregbesola in this criminal act will face the penalty as prescribed by the law.

The Interior Minister recently inaugurated a nine-man Special Ministerial Task Force on Monitoring and Enforcement of Nigerian Expatriate Business Permit and Expatriate Quota Administration. At the inauguration, he said: “What we are gathered here to do resonates with the core mandate of this ministry in two ways. The first is economic development. Expatriate quotas are issued to usually foreign and (in some cases) Nigerian firms to enable them bring in high-level skilled manpower that is not readily available in the country. “The permit is valid for two years at the first instance and renewable cumulatively for a maximum of 10 years, after which the expatriate returns to his or her country. During this period, at least two Nigerians should be groomed to take over from the expat. “This policy attracts investments in our economy and brings with it a high-level manpower development and ensures technology transfer, if the grooming of Nigerian understudies was done in good faith. “This is in line with President Muhammadu Buhari’s promise to provide 100 million jobs for Nigerians.”

The Ministry of Interior is responsible for the grant of Business Permit and Expatriate Quota Positions to Companies in line with Part V, Section 36 (1) of the Nigerian Immigration Act, 2015 and Part III, Subsection 12 (1&2) of Immigration Regulations. Expatriate quota in Nigeria is an approval granted by the Minister of Interior to foreign or indigenous companies to enable foreign employees, directors or owners of businesses work in Nigeria. The expatriate quota does not automatically grant residence permit. The Citizenship and Business Department of the Ministry of Interior (the “Department”) which is responsible for issuing business permit and expatriate quota positions.b Recently, the minister inaugurated a 9-man Special Ministerial Task Force on Monitoring and Enforcement of Nigerian Expatriate Business Permit and Expatriate Quota Administration.nFrom August 2019 to date, 1,182 companies have received minister’s approval with 12,374 expatriate quota positions. Aregbesola said: “We will continue to do this and ensure that no hindrance or delay stands in the way of giving approvals to all genuine and deserving applications.”

The regulatory process of employing a foreigner to work in Nigeria begins with the Expatriate Quota. Every company in Nigeria seeking to employ a foreigner into the country is required to obtain an Expatriate Quota from the Nigerian Immigration Service (“NIS”). Expatriate quota is the number of expatriates the NIS allots to every company seeking to engage expatriates in its business in Nigeria. The number is not fixed and usually granted at the discretion of the NIS based on the assessment of the need of such number of expatriates in the applicant company’s business in Nigeria. The quota is allotted to a company and not to individuals or directors. A company cannot exceed its quota unless an approval for increased quota has been sought and given by the NIS.

Expatriate employment is fraught with so many challenges. These challenges are multi-dimensional and often range from adapting to a new environment and culture to tax related issues, immigration and so much more. Most organizations, which require expatriates to run their operations, attempt to manage the personal expectations of their expatriate employees and the regulatory needs associated with expatriate employment. Rauf Aregbesola has recognised that the steps taken in this direction will usually go a long way in ensuring that the expatriates and their employers comply with all the relevant laws and regulations.

Donald writes in via inwalomhe.donald@yahoo.com