Before Consulting a Lawyer on Work Permits or Expatriate Quotas

Introduction: Why Preparation Matters

In Nigeria, employing foreign nationals requires careful compliance with immigration and labour rules. Two core pillars govern this area. First is the individual permission that allows a foreign national to work. Second is the corporate allocation that permits a company to fill defined roles with expatriates. Many organisations also rely on short assignments through temporary approvals. Each route has specific requirements.

Mistakes at the start often cause weeks of delay, rejection, fines, or exposure to enforcement action. Solid preparation saves time and cost. It lets your lawyer build a strong, accurate application that aligns with current practice at the Ministry of Interior and the Nigeria Immigration Service, as well as sector regulators where applicable. This guide sets out the actions to take before you meet a lawyer, what to gather, what to avoid, and how to set realistic expectations.

Steps You Can Take Before Seeing a Lawyer

1. Define the genuine business need

• State clearly why the role requires a foreign professional instead of a local hire.
• Identify technical gaps, proprietary systems, cross-border control needs, or global policy reasons.
• Prepare a succession plan that shows how Nigerians will be trained to take over within a set timeline.

2. Map the correct permission pathway

• Temporary assignment for urgent work with defined duration: consider a short-term route limited to specific activities.
• Ongoing employment in a defined role: plan for a corporate allocation plus the individual authorisation.
• Transfers within multinational groups: prepare proof of group relationship and role alignment.

3. Confirm company readiness and compliance

• Corporate records up to date at CAC. Confirm directors and share structure are accurate.
• Tax filings current. Keep a valid Tax Clearance Certificate and evidence of remittances.
• Regulatory approvals in regulated sectors such as oil and gas, banking, fintech, telecoms, and aviation.
• Payroll and HR policies in place, including local employment contracts and staff list.

4. Set timelines and contingencies

• Processing time can vary depending on volume and the completeness of your file.
• Build in buffer time for queries, verifications, and possible site inspections.
• Avoid booking travel or committing to go-live milestones until your approvals are in hand.

5. Align internal stakeholders

• HR should manage employee documents and references.
• Finance should prepare audited accounts and tax evidence.
• Operations should supply technical role descriptions, organograms, and training plans.
• Company secretary or legal should maintain board resolutions and statutory registers.

Evidence and Documents to Gather

Create a neat folder structure. Name files clearly. Avoid password locks unless sensitive. Here is a checklist.

A. Company documents

• CAC Certificate of Incorporation and updated status report or forms reflecting current directors and shareholders.
• Memorandum and Articles of Association, including objects that support the business activity.
• Tax Identification Number and latest Tax Clearance Certificate.
• Audited financial statements for recent years or management accounts if audits are not due yet.
• Company profile, staff list, and organogram that highlights the roles sought for expatriates.
• Board resolution authorising applications for foreign hires and designating a responsible officer.
• Sector approvals where required such as NUPRC for oil and gas, CBN for banking or payments, NCC for telecoms, NCAA for aviation, or NOTAP for technology transfer agreements.

B. Role and training plan

• Detailed job descriptions showing technical requirements and reporting lines.
• Evidence that the role exists within the business plan or project contract schedules.
• Nigerianisation and training plan with timelines, course outlines, and handover targets.
• If applicable, local recruitment attempts and summaries of why candidates did not meet the technical threshold.

C. Expatriate candidate documents

• Bio data page of international passport with sufficient validity.
• Curriculum vitae, certificates, and professional licenses where relevant.
• Employment offer or secondment letter with salary and benefits breakdown.
• Reference letters or employment history that align with the job description.
• Recent passport photograph and contact details.

D. Project and contract evidence

• Customer contracts, project awards, or letters of intent that justify urgent foreign expertise.
• Importation or installation schedules for equipment that require vendor engineers or specialist technicians.
• Technology transfer or service agreements registered with NOTAP where applicable.

Common Mistakes Clients Make

• Starting work before approvals are issued or assuming prior approvals cover a new role.
• Submitting incomplete files without audited accounts, tax evidence, or sector approvals.
• Using generic job descriptions that do not match the candidate’s experience.
• Overstating headcount needs or seeking roles that do not exist in the organogram.
• Omitting training and handover plans for Nigerian staff.
• Missing post-approval obligations such as returns to immigration authorities or renewal timelines.

Common Misconceptions

• “Corporate allocations are permanent.” They are time bound and must be renewed with compliance evidence.
• “Any foreigner can fill any allocated slot.” Slots are tied to specific positions and sometimes to named individuals or defined skill sets.
• “Renewals are automatic if the role still exists.” Authorities expect progress on training Nigerians to take over and evidence of compliance.
• “Small companies cannot obtain approvals.” Smaller firms can qualify if they show real need, capacity, and compliance readiness.
• “Short-term assignments do not need authorisation.” Even quick technical visits usually require the appropriate temporary permission.

Preparing for the Consultation

Information to organise

• Number of expatriate roles needed, job titles, location, and start dates.
• Candidate profiles, experience summaries, and proof of qualifications.
• Company compliance pack containing CAC and tax documents, audited accounts, and sector approvals.
• Training plan with measurable milestones for Nigerian staff.
• Project contracts, installation schedules, or service level agreements that justify urgency.

Questions to ask your lawyer

• Which pathway fits our situation and timelines best and why.
• What processing time should we plan for in the current environment.
• Which post-approval obligations apply to our sector and headcount.
• What renewal evidence will be needed in 12 to 24 months.
• How to structure employment or secondment contracts to meet regulatory expectations.

Expectations to set internally

• Approvals are subject to verification, policy updates, and workload at agencies.
• Queries are common. Quick, consistent responses reduce overall time.
• Budget for application fees, legal fees, and translations where needed.
• Build a renewal calendar with reminders 90 days before expiry.

Practical Insights and Sector Notes

Oil and gas

Expect strict localisation plans, safety certifications, and alignment with technical standards. Keep vendor letters and commissioning timelines ready to demonstrate why specialist foreign engineers are required.

Banking, fintech, and payments

Emphasise risk, cybersecurity, core banking systems, and group policy controls. Provide regulator letters or licence copies where relevant. Prepare evidence of local capacity building in compliance and tech support.

Telecommunications and ICT

Show project networks, OEM support requirements, and technology transfer filings. Training documentation and local vendor partnerships strengthen files.

Manufacturing and infrastructure

Installation schedules, equipment manuals, and commissioning plans are key. Provide site readiness photos, delivery notices, and installer credentials.

Frequently Asked Questions

How long does approval take

Time varies with agency workload and file completeness. A well prepared file can progress in a few weeks. Complex or regulated sectors may take longer due to verifications.

Do we always need both a corporate allocation and an individual authorisation

In many standard employment cases yes. The corporate allocation approves the role, and the individual permission authorises the specific employee to work in that role.

Can short technical visits proceed without approvals

Even brief assignments often require a temporary permission limited to defined activities. Confirm the correct route before travel or site work.

What triggers rejection or delay most often

Inconsistent documents, missing tax or audit evidence, unclear job descriptions, and weak training plans. Sector approvals missing or out of date also cause delays.

How do renewals work

Renewals depend on compliance and results. Show progress on skill transfer and maintain up to date tax, payroll, and regulatory filings. Start renewal preparations at least 90 days before expiry.

Final Thoughts

Success in this area depends on planning, internal coordination, and clear documentation. Define the real need, prepare the file, and present a credible pathway for local capacity growth. With this groundwork done, your lawyer can structure the correct route, manage timelines, and reduce the chance of queries or refusals.