On May 25, 2015, Nigeria’s president signed into law the 2015 Immigration Bill, which repeals the 1963 Immigration Act. The new legislation (“the new Act”) provides more stringent penalties in respect of various offenses/violations of the country’s immigration rules. It also provides for the establishment of Immigration Courts at recognized ports of entry for quick resolution of immigration matters. And the new Act deals with other internal, administrative matters in respect of the Nigeria Immigration Service.
On 25 May 2015, Nigerian President Goodluck Jonathan signed into law the 2015 Immigration Bill, which repeals the 1963 Immigration Act.1. The passage of the bill (now, 2015 Immigration Act (or “the new Act”)), and subsequent assent by the President – which has long been awaited by relevant stakeholders – will provide an updated legal framework for the control and regulation of expatriates’ employment in Nigeria.
Global mobility professionals, immigration advisers, and other relevant stakeholders now have a new framework and reference matter regarding the country’s immigration rules and regulations for purposes of guiding informed decision-making with respect to expatriate employment in Nigeria.
This Flash Alert provides a brief summary of the new Act’s key points and implications.
The new Act provides more stringent penalties in respect of various offenses/violations of the country’s immigration rules. Some of the notable offenses and applicable penalties are listed below:
The expectation is that these penalties will inhibit practices that could infringe the Act and will enhance compliance with the country’s immigration laws.
The new Act provides for the establishment of Immigration Courts at recognized ports of entry for quick resolution of immigration matters. An offender with a pending case can be remanded in custody for a period not exceeding 21 days at the first instance and thereafter, as occasion may demand. However, the total period on remand must not exceed three months (90 days).
This provision seems to give some leeway to immigration officers to detain any expatriate who is deemed to have contravened the new Act. There is also the possibility of abuse of this provision by overzealous officers. It, therefore, behooves the company to make sure it is in full compliance with the provisions of the new Act.
In the new Act, the head of the Nigeria Immigration Service (NIS) is designated as the “Comptroller General” (the term used under the 1963 Act is “The Director of Immigration”). This change removes any ambiguity in the nomenclature and provides clarity in addressing the authority of that office.
Act provides for a clear definition of:
This should foster a more efficient and effective NIS workforce and help ensure that the objectives of the NIS are realized.
The 2015 Immigration Act should facilitate a more robust approach with respect to the application and implementation of immigration policies in Nigeria.
1 See: O. Adetayo, “Jonathan Signs Violence against Persons, Immigration Bills,” Punch (online), 25 May 2015.
The information contained in this newsletter was submitted by the KPMG International member firm in Nigeria.
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