Tag: immigration

27 Nov 2023
Expatriate Quota Filings

Immigration Law Update: Schedule of Penalties for late filing of Expatriate Quota Monthly Returns in Nigeria

The Federal Ministry of Interior has issued a notice to all companies that effective from December 2023, a penalty fee will be implemented for late filing of Expatriate Quota Monthly Returns. Filings are to be submitted via the eCITIBIZ portal.

The schedule of penalties for late filing is as follows:

1. Companies that fail to submit their quota monthly returns within the first 10 days of the following month will be liable to pay N100,000 as penalties.

2. Companies that fail to submit their quota monthly returns within 20 days of the following month will be liable to pay N150,000 as penalties.

3. Companies that fail to submit their quota monthly returns within 25 days of the following month will be liable to pay N200,000 as penalties.

05 Apr 2023
Changes introduced to the Immigration Act 2015 by the Business Facilitation (Miscellaneous Provisions) Act 2022

Update: Changes Introduced to the Immigration Act 2015 by the Business Facilitation (Miscellaneous Provisions) Act 2022

The Business Facilitation (Miscellaneous Provisions) Act 2022 introduced amendments to the provisions of various legislation including the Immigration Act 2015. The amendments introduced to the Immigration Act 2015 can be summarised as follows:

  1. Timeframe of issuance of entry visas into Nigeria: 

    Entry visas to Nigeria shall be issued or rejected with reason within 48 hours of receipt of valid applications.

  2. Availability of information on visa application requirements, procedure and timeframe: 

    The Business Facilitation (Miscellaneous Provisions) Act 2022 introduced a subsection to Section 20 of the Immigration Act 2015 requiring the publication of a comprehensive and up-to-date list of requirements, conditions and procedures for obtaining visa on arrival as well as all other entry visas, including the estimated timeframe, on all immigration-related websites, Embassies and High Commissions, and all Nigerian ports of entry.

  3. Consent of Comptroller-General of Immigration: 

    By virtue of the Act, the consent of the Comptroller-General of Immigration is needed for a foreigner to practise a profession or establish or take over any trade or business or register or take over any limited liability company.

  4. Notice of change in particulars relating to business permits: 

    Notice of change in particulars relating to business permits shall be given to the Comptroller-General of Immigration.

  5. Use of electronic systems for filing: 

    The Immigration Service can establish and use any system or accredit an established system, using any means of electronic communication to facilitate the automated filing of any document, information or returns.In addition to this, the Service has the power to make regulations relating to the standards of operation, accessibility, technical requirements, service quality and fees for the use of the system. The Service can also declare any system established or accredited by it to be an acceptable mechanism for filling any document, information or return instead of any other requirement stipulated in any legislation relating to the filling of that document, information or return.

 

For more information and inquiries, email us at inq@grfdalleyandpartners.com

11 Feb 2022
Updated Guidelines on the Administration of Expatriate Quota and Other Business Instruments

Updated Guidelines on the Administration of Expatriate Quota and Other Business Instruments

The Ministry of Interior recently issued a Public Notice concerning the updated Guidelines on the Administration of Expatriate Quota and Other Business Instruments. These Guidelines came into effect on January 24, 2022.

The Minister of Interior is to examine all Expatriate Quota Positions on “Permanent Until Reviewed” status. This is to enable the Ministry carry out an assessment of the length of time such instruments have been held and the continued eligibility of holders of such instruments.

All companies and organisations granted Expatriate Quota Positions on “Permanent Until Reviewed” status are required to submit copies of their letters of approval to the Ministry of Interior by February 28, 2022. Failure to submit before the deadline would result in such instruments being cancelled.

Companies and organisations are required to submit Monthly Returns on the utilisation of all approved Expatriate Quota Positions and such submission shall henceforth be made via the Ministry of Interior’s designated online channel (http://www.ecitibiz.interior.gov.ng/). Such companies and organisations are required to ensure that their Expatriates and Nigerian Understudies obtain a National Identification Number (NIN).

Companies and organisations are further required to forward a letter introducing their company representatives to the Ministry of Interior.

 

For more information and inquiries, email us at inq@grfdalleyandpartners.com

12 Feb 2020
USA

A REVIEW OF THE IMPLICATIONS OF THE TRAVEL BAN IMPOSED ON NIGERIA BY THE UNITED STATES OF AMERICA

The United States of America (USA) recently imposed a travel ban on Nigeria by expanding the list of countries restricted from obtaining certain types of visas. The ban takes effect on February 21, 2020.

Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan and Tanzania were added to the initial list of seven countries under the travel ban on account of certain deficiencies that position them as countries that pose a high degree of security risk to the USA.

Nigeria’s inclusion on the list was met with great surprise particularly in light of the moves made to promote mutually beneficial trade and commercial ties between African countries and the USA.[1] The USA is one of Nigeria’s main trading partners and has remained an ally of the USA in the fight against terrorism.

The following was cited as the reason for Nigeria’s inclusion on the list:

“Nigeria does not comply with the established identity-management and information-sharing criteria assessed by the performance metrics.  Nigeria does not adequately share public-safety and terrorism-related information, which is necessary for the protection of the national security and public safety of the United States.  Nigeria also presents a high risk, relative to other countries in the world, of terrorist travel to the United States.  Nigeria is an important strategic partner in the global fight against terrorism, and the United States continues to engage with Nigeria on these and other issues.  The Department of State has provided significant assistance to Nigeria as it modernizes its border management capabilities, and the Government of Nigeria recognizes the importance of improving its information sharing with the United States.  Nevertheless, these investments have not yet resulted in sufficient improvements in Nigeria’s information sharing with the United States for border and immigration screening and vetting.”

From the foregoing, the USA has expressed its concerns over Nigeria’s non-compliance with information sharing practices and the possibility of the export of terrorism into the country.

Level of restriction and its implications

The level of restriction to be faced by Nigerian visa applicants was stated in the Proclamation as follows:

“The entry into the United States of nationals of Nigeria as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended.”

A proper understanding of this shows that Nigerian nationals are still permitted to apply for visas under non-immigrant visa categories. Therefore, the ban does not apply to those who intend to visit the USA for business, leisure (tourism), education and temporary work.

However, Nigerians seeking to permanently emigrate to the USA will be affected by this ban. This means that green cards cannot be obtained for the purpose of family reunification and employment. Its application is limited to those who are outside the USA on the effective date of the proclamation. It also applies to those who do not have a valid visa on the effective date of the proclamation and do not qualify for a visa or other valid travel document. This means that the ban does not apply to those who are already in the USA and to Special Immigrants whose eligibility is based on having provided assistance to the United States Government.

Exceptions and Waivers

Section 3(b) of Proclamation 9645 provides for exceptions to the applicability of the ban. Under the Proclamation, the following people are exempted:

  1. Any lawful permanent resident of the USA;
  2. Any foreign national who is admitted to or paroled into the USA on or after the applicable effective date;
  3. Any foreign national who has a document other than a visa – such as a transportation letter, an appropriate boarding foil, or an advance parole document – valid on the applicable effective date or issued on any date thereafter, that permits him or her to travel to the USA and seek entry or admission;
  4. Dual nationals who are not travelling on a passport issued by a country covered by the restriction;
  5. Any foreign national travelling on a diplomatic or diplomatic-type visa and the like;
  6. Any foreign national who has been granted asylum by the USA; any refugee already admitted to the USA; or any individual who has been granted withholding of removal, advance parole or protection under the Convention Against Torture.

An application for a waiver of the ban can be sought and such applications would be assessed on an individual basis. Such waivers are granted at the discretion of the consular officer or Customs and Border Protection (CBP) official.

In order for a waiver to be granted, the applicant must prove the following to the satisfaction of the consular officer or CBP official:

  1. Denial of entry would cause undue hardship;
  2. Entry would not pose a threat to the national security or public safety of the USA; and
  3. Entry would be in the national interest.[2]

 

Remarks

In 2018, the USA issued 7922 immigrant visas to Nigerians and Nigerian immigrants to the USA have made their mark by being among the most educated immigrants in the country.[3] There are indications that the travel ban can be lifted if Nigeria effectively addresses the security issues raised by the USA. The Nigerian government has already pledged to work with the USA to ensure the proper implementation of all the updates necessary to address these issues.[4]

 

For more information, contact:

GRF Dalley & Partners

Lagos Office:
Gabsdall House (2nd – 4th Floor)
26, Igbosere Road

Port Harcourt Office:
13, Finima Street,
Old G.R.A.

Tel: +23414549824
Fax: +4420 8929 0855
Email: inq@grfdalleyandpartners.com
Website: www.grfdalleyandpartners.com

Follow us on social media:
Twitter: @GRFDALLEY
LinkedIn: /grfdalleyandpartners

 

 

[1] https://www.cgdev.org/blog/prosper-africa-promises-double-two-way-trade-and-investment-between-us-and-africa

[2] Section 3(c) of Proclamation 9645

[3] https://www.nytimes.com/2020/02/02/world/africa/trump-travel-ban.html

[4] https://time.com/5776026/us-nigeria-visa-restrictions/

31 Jan 2020
Effect of Brexit on Africa

BREXIT: WHAT IMPACT WILL IT HAVE ON AFRICA?

Background:

The United Kingdom’s relationship with Africa has its beginnings in the pre-colonial era. The Scramble for Africa between 1881 and 1914 resulted in the division of Africa amongst the Western European powers at the time, namely Britain, France, Germany, Italy, Belgium, Portugal and Spain.

The presence of Britain and France in Africa was particularly notable as they occupied vast territories in the continent. Although some African tribes put up resistance against colonial domination, they were unable to withstand the pressures and most of the continent eventually yielded to colonial rule.

Colonialism represents a critical turning point in the history of Africa. The new rulers controlled their newly acquired territories in different ways. While the French opted for a more direct form of rule, Britain ruled using the system of indirect rule. Through these colonial relations, Britain introduced its language, technology and a new way of life and fostered trade within its territories. Trade mostly involved the export of raw materials to Britain and the import of finished goods into Britain’s territories in Africa.
By the late 1950’s and early 1960’s African countries started to gain independence. The newly independent countries maintained their economic and political ties with their former colonial masters. However, the decolonisation of the continent meant Africans were, predominantly, in control of their own affairs. Britain continued its relationship with its former colonies under the banner of the Commonwealth.

Britain’s Influence in Africa, after Joining the European Union
Britain finally joined the European Economic Community (now the European Union) in 1973 after the resignation of then French President, Charles de Gaulle. Britain had previously applied in 1965 and in 1967 but both applications were vetoed by De Gaulle on the basis of Britain’s apparent incompatibility with Europe. In 1975 a referendum was conducted and Britain voted to remain part of the European Community.

Through the EEC, Britain was able to continue its relations with its former colonies in Africa. Under the Lome Convention of 1975, agricultural produce and mineral exports from countries in Africa, the Caribbean’s and the Pacific enjoyed preferential access into the EEC (now EU). This was made possible by Britain’s membership of the EU.

In 2007, the Joint Africa-EU Strategy (JAES) was launched at the Africa-EU summit in Lisbon, Portugal with the aim of establishing a reciprocal trade partnership between African countries and the EU. The hope was to promote sustainable development and foster greater relations between the two continents. Ultimately African countries were to be weaned off donor dependence.

Through the JAES initiative, the EU has been able to contribute financially to the African Union (AU) and various regional groups in the continent. The AU received over 2 billion Euros from the African Peace Facility (APF). The APF is funded by the European Development Fund (EDF).

The EU has entered into Economic Partnership Agreements with some of the countries in Africa to promote trade and investment. Africa has been exporting agricultural produce and raw materials to the EU. This trade has helped enlarge the markets available to African countries.
The United Kingdom has been exercising its influence in Africa through the EU through contributing to the European Development Fund and aid projects embarked on by the EU. It has been a driving force in carrying out discussions on matters concerning Africa and the effect EU policies may have on the continent. In matters of trade, the UK has been instrumental to shaping the EU’s trade policies towards Africa.

The Present

The world has been making great strides at becoming a global village. Former European colonies in Africa have started entering into trade partnerships with various governments and the influence of countries such as China, Turkey and the United States of America has been growing. The diversity of Africa’s trading partners is also being influenced by the adoption of South-South trade with other developing countries.

Although the UK still continues to trade with its former colonies, their influence cannot be said to be as strong as the influence their French counterpart wields over her former colonies particularly in West Africa. The reduction in trade between the UK and the African continent can be said to stem from the presence of other economies that exercised a better competitive advantage.

The UK is set to leave the EU on 31st January 2020 after which it would enter a transition period until the end of 2020, which can be extend up to one to two years. It is no doubt that Brexit will not affect the UK alone. Aside from affecting the EU, it will also have an effect on trade, aid and investment in Africa. Former Prime Minister Theresa May’s visit to selected countries in Africa in 2018 provided an insight into the UK’s intention to increase business participation in its former colonies, in the wake of Brexit.

The aid that the EU sends to Africa will also change with Brexit. The UK contributed largely to the EU aid budget and to the European Development Fund (EDF). The UK has agreed to remain party to the EDF and will honour all commitments related to the current 11th EDF.[1]

In spite of that, there are questions as to what would happen after 2020. There is the possibility that directly disbursing aid to Africa may either provide for greater efficiency or may limit its reach. However, it must be stated that EU funds made available through the EDF would be reduced and as such there would be a further challenge of making sure that the reduced funding available be put to good use and reach as many as possible. Once Brexit takes place, the UK will no longer play an active role in the policy decisions the EU makes in relation to Africa.

Not much is set to change in the during the transition period as the UK will still remain part of the EU Customs Union and Single Market until the end of 2020, and it is projected that trade relations with African countries are likely to remain the same due to continuity agreements. The UK has been actively working on deals with countries that already have trade agreements with the EU in order to avoid paying additional tariffs.[2] It is expected that the UK would enter into more trade agreements during the transition period. However, it is undeniable that the recent UK-Africa Investment Summit hosted by Prime Minister Boris Johnson marked an attempt by the UK to boost trade relations with its former colonies in the wake of Brexit.

Predictions

The discussions about Brexit have made way for various predictions of the kind of changes we are expected to see in the coming years with regards to the UK’s relationship with African countries.

It is expected that post-Brexit UK would be diversifying its investments in Africa by increasing its investment in other countries on the continent that exhibit more promise in terms of economic growth rate. This would position the UK as an active partner in the development drive of several African countries.

Currently, South Africa enjoys about 30 percent of the UK’s foreign direct investment in Africa but has a growth rate of only 0.8 percent.[3] Kenya on the other hand has a growth rate of 6 percent but only enjoys only 2 percent of the UK’s total investment in Africa.

Diversifying investments by increasing investment in other African countries would allow the UK to benefit from the economic opportunities available there

With the rise of technology startups in Africa, it would be logical to conclude the startup space may be one of the areas that would benefit from UK investment. Nigeria, for instance, received $663.24 million in venture capital in 2019 thus making it top startup investments in Africa.[4] Sectors such as fintech, logistics and agritech are particularly promising in 2020.

Another change we might see in the coming years would be the UK’s attempt to engage in more infrastructure projects in the continent. In countries such as Nigeria, it is impossible to ignore the great strides taken by China in providing infrastructural development by being a major player in the country’s plan towards economic recovery and growth. The UK would have to make great efforts to match China’s achievements and competitive advantage in this regard in order to attain the position of a strategic partner in infrastructural development.

Immigration is one of the areas that would be affected in post-Brexit UK. It is argued that in order to benefit from improved trade relations with its African counterparts, the UK may need to relax its immigration policies towards Africans, particularly those from the Commonwealth. Prime Minister Boris Johnson hinted at the possibility of a fairer immigration policy by saying that the UK will put “faces before passports” during the UK-Africa Investment Summit held this year.[5]

Although the form post-Brexit UK immigration policy will take is still unclear, it is projected that the UK would embrace a more open stance rather than a restrictive one in order to benefit from more skilled labour.[6]

Remarks

Questions remain as to what the UK will be offering Africa in the coming years. At this point it is difficult to say if it would be able to challenge the important role that China has been playing in trade and infrastructure or attempt to be as active as its French counterpart in the continent. Due to the former colonial relationship the UK has with Africa, it is understandable that any intentions the UK may have of renewing relationships with African countries may be received with skepticism.

For more information, contact:

GRF Dalley & Partners

Lagos Office:
Gabsdall House (2nd – 4th Floor)
26, Igbosere Road

Port Harcourt Office:
13, Finima Street,
Old G.R.A.

Tel: +23414549824
Fax: +4420 8929 0855
Email: inq@grfdalleyandpartners.com
Website: www.grfdalleyandpartners.com

Follow us on social media:
Twitter: @GRFDALLEY
LinkedIn: /grfdalleyandpartners

[1] https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_104
[2] https://www.bbc.com/news/uk-47213842
[3] https://foreignpolicy.com/2020/01/29/boris-johnsons-new-scramble-for-africa/
[4] https://nipc.gov.ng/2020/01/06/nigeria-again-tops-startup-investments-in-africa/
[5] https://www.bbc.com/news/uk-politics-51175628
[6] https://www.theguardian.com/commentisfree/2020/jan/29/brexit-britain-hard-line-immigration-openness