Nigeria Immigration Act 2015: Full Legal Guide and Interpretation
Introduction
The Nigeria Immigration Act, 2015 is the principal legislation governing immigration control, visa administration, residency, and citizenship matters in Nigeria. It provides the legal framework under which foreigners may enter, reside, work, and exit the country, while empowering the Nigeria Immigration Service (NIS) to regulate, enforce, and manage immigration procedures.
Before the enactment of this Act, Nigeria’s immigration regime operated under the Immigration Act of 1963, which had become outdated and inadequate to address modern realities such as cross-border crime, human trafficking, migration management, and international labor mobility. The 2015 Act therefore modernized immigration law to align with international standards and Nigeria’s economic goals.
This article offers a comprehensive legal interpretation of the Nigeria Immigration Act, 2015, highlighting its major provisions, enforcement powers, visa categories, penalties, and implications for foreigners, employers, and investors. It also examines relevant case studies, compliance requirements, and practical guidance for individuals and organizations dealing with immigration matters.
Historical Background
Nigeria’s first immigration law was enacted in 1963 shortly after independence. That law primarily focused on border control, entry permits, and deportation. However, global migration dynamics evolved rapidly, creating a need for a modern framework to accommodate labor mobility, economic migration, and international cooperation.
The Nigeria Immigration Act, 2015, signed into law by President Goodluck Jonathan on 25 May 2015, repealed the 1963 Act and established a comprehensive, rights-based approach to immigration management. It expanded the functions of the Nigeria Immigration Service (NIS), introduced stricter penalties for immigration offenses, and incorporated modern provisions for data management, border security, and residence control.
Objectives of the Nigeria Immigration Act 2015
The Act seeks to achieve the following goals:
Regulate the entry and exit of all persons into and out of Nigeria.
Control and document foreigners residing or working in Nigeria.
Protect Nigeria’s borders and national security.
Facilitate economic development by managing legal migration.
Promote international cooperation in combating human trafficking and smuggling.
Implement modern biometric and data-driven immigration systems.
Enforce compliance with visa and work permit conditions.
Structure of the Act
The Nigeria Immigration Act 2015 contains 8 Parts and 112 Sections, dealing with matters such as:
Control of entry and departure.
Residence permits and alien registration.
Expatriate employment and business permits.
Immigration offenses and penalties.
Establishment and powers of the Nigeria Immigration Service.
Deportation and removal procedures.
Legal proceedings and enforcement mechanisms.
Key Definitions under the Act
Alien: Any person who is not a Nigerian citizen.
Entry Permit: Authorization allowing an alien to enter Nigeria for a specific purpose.
Residence Permit: Authorization permitting an alien to live in Nigeria legally.
Expatriate Quota: Government approval for a company to employ foreign workers.
CERPAC: Combined Expatriate Residence Permit and Aliens Card.
Minister: Refers to the Minister of Interior.
Comptroller-General: Head of the Nigeria Immigration Service.
Major Provisions of the Nigeria Immigration Act 2015
1. Entry into and Departure from Nigeria
No foreign national may enter or exit Nigeria without presenting a valid passport or travel document and a visa or entry permit.
Section 8 requires every port of entry to be manned by immigration officers authorized to examine, admit, or refuse entry.
The Act mandates that immigration officers maintain arrival and departure records for all travelers.
2. Visa and Entry Permit
Under Section 10, the Minister of Interior may issue different classes of visas, including:
Tourist Visa
Business Visa
Temporary Work Permit (TWP)
Subject to Regularization (STR) Visa
Diplomatic and Transit Visas
Each visa must specify conditions such as duration, purpose of visit, and renewal process. Overstaying a visa constitutes an offense under Section 37.
3. Residence Permits and Registration of Aliens
Sections 22–27 outline procedures for residence permits and alien registration:
Foreigners residing in Nigeria for more than 90 days must obtain a residence permit (CERPAC).
Employers of expatriates must register their employees with the Nigeria Immigration Service.
Changes of address, employment, or marital status must be reported within seven (7) days.
Non-compliance attracts fines or revocation of permits.
4. Expatriate Employment and Business Permits
The Act links immigration control with employment regulation. Companies wishing to hire foreign workers must first obtain an Expatriate Quota Approval from the Federal Ministry of Interior.
Key conditions:
The quota specifies positions reserved for expatriates.
Companies must demonstrate that no qualified Nigerian can fill such positions.
Each expatriate’s employment must be tied to a valid STR visa and CERPAC.
On expiration of employment, the expatriate must surrender the residence card and exit the country.
5. Powers of the Nigeria Immigration Service (NIS)
The NIS derives statutory powers from Sections 1–6 of the Act. Its duties include:
Issuing visas, permits, and passports.
Managing and securing Nigeria’s borders.
Enforcing immigration laws.
Detecting and preventing irregular migration.
Maintaining a national database of foreigners.
Repatriating and deporting illegal immigrants.
The Comptroller-General of Immigration is vested with operational authority under the supervision of the Minister of Interior.
6. Deportation and Removal Orders
Sections 36–41 empower the Minister to deport any alien deemed undesirable or in violation of Nigerian laws.
Grounds for deportation include:
Entry without valid documentation.
Overstaying visa duration.
Conviction of a criminal offense.
Engagement in activities contrary to national interest.
The affected person may be detained pending removal, and costs are borne by the employer or sponsoring entity.
7. Offenses and Penalties
The Act imposes stringent penalties for immigration violations.
| Offense | Legal Reference | Penalty |
|---|---|---|
| Illegal entry or exit | Sec. 37 | ₦1,000,000 fine or 5 years imprisonment |
| Working without permit | Sec. 38 | ₦500,000 fine or deportation |
| Harboring illegal immigrants | Sec. 42 | ₦500,000 per person |
| Forged documents | Sec. 64 | 7 years imprisonment |
| Aiding human trafficking | Sec. 68 | Up to 10 years imprisonment |
| Failure to register residence | Sec. 25 | ₦500,000 fine |
| Refusal to surrender CERPAC | Sec. 27 | ₦1,000,000 fine |
These penalties underscore Nigeria’s commitment to lawful immigration control.
8. Citizenship and Naturalization
Although citizenship matters are primarily governed by the Constitution of the Federal Republic of Nigeria (1999), the Act empowers immigration officers to verify claims of citizenship, issue travel documents, and facilitate repatriation for citizens abroad.
Immigration Act 2015 and Human Rights
The Act includes provisions protecting foreigners’ rights consistent with international standards.
Section 9 prohibits arbitrary refusal of entry without cause.
Detainees must be informed of reasons for detention.
Legal representation is permitted.
The Act aligns with the ECOWAS Protocol on Free Movement and the African Charter on Human and Peoples’ Rights.
However, enforcement officers retain discretion where national security is at risk.
Administrative Regulations
The Immigration Regulations 2017, issued under the 2015 Act, provide detailed procedures for implementation, including:
Visa classification and approval timelines.
STR and TWP guidelines.
Residence permit formats.
Penalties for overstaying and non-compliance.
Work permit and quota renewal procedures.
Legal Significance of the Act
The Nigeria Immigration Act 2015 achieves several legal milestones:
Modernization of immigration governance with digitalization and biometric systems.
Harmonization of immigration law with national labor and investment policies.
Enhanced enforcement powers for immigration officers.
Stronger penalties for illegal migration and smuggling.
Integration with international protocols such as ECOWAS and IOM conventions.
Practical Implications for Businesses and Employers
Employers hiring expatriates must:
Possess valid Expatriate Quota approval.
Obtain STR visas for foreign employees.
Register expatriates with NIS within 7 days of arrival.
Renew CERPAC annually.
File returns to the NIS showing staff movements.
Failure to comply can result in heavy fines, loss of operating license, or blacklisting from further expatriate applications.
Case Study 1 – Corporate Non-Compliance
Case: GlobalTech Nigeria Ltd v. NIS (2020)
GlobalTech hired several foreign engineers without valid Expatriate Quotas. Upon inspection, NIS discovered the irregularity, fined the company ₦10 million, and revoked its quota approval. The company engaged Chaman Law Firm, which successfully negotiated a compliance settlement after fulfilling all statutory requirements.
Lesson: Businesses must obtain legal advice before employing foreigners; ignorance of the law is not a defense.
Case Study 2 – Overstay and Deportation
Case: Mr. Lee (Korean National) – Abuja, 2022
Mr. Lee entered Nigeria on a business visa valid for 90 days but overstayed by nine months while managing a project. NIS discovered the infraction during a documentation audit and initiated deportation proceedings. Chaman Law Firm intervened, regularized his stay through an STR and CERPAC process, and prevented deportation.
Lesson: Visa duration must always be respected; timely renewal or regularization prevents severe consequences.
Relationship with Other Laws
The Immigration Act 2015 interfaces with several other Nigerian statutes, including:
Labour Act (2004) – governing employment of foreigners.
Companies and Allied Matters Act (CAMA, 2020) – for business registration.
Investment and Securities Act (2007) – for foreign investment regulation.
Nigerian Oil and Gas Industry Content Development Act (2010) – for expatriate quotas in oil sector.
Nigerian Immigration Regulations (2017) – for implementation details.
Role of the Courts
Immigration-related cases fall under the jurisdiction of the Federal High Court of Nigeria as per Section 251 of the Constitution. The courts interpret the Act, review deportation orders, and adjudicate disputes involving residence permits or employment violations.
Judicial precedents have reinforced the need for due process and fair hearing before deportation.
Technological Reforms
The 2015 Act paved the way for:
E-passport system with biometric verification.
Automated Border Management (MIDAS) introduced by NIS.
Online Visa on Arrival (VoA) platform for investors.
Integration with national identity and security databases.
These digital systems have modernized Nigeria’s immigration operations, improving transparency and speed.
Challenges in Enforcement
Despite its strengths, implementation faces challenges such as:
Bureaucratic delays in processing permits.
Inconsistent interpretation among officers.
Limited coordination between federal agencies.
Inadequate awareness among employers and expatriates.
Solution: Professional guidance from licensed immigration lawyers ensures full compliance and smooth documentation.
Frequently Asked Questions (FAQ)
Q1: Who enforces the Immigration Act 2015?
The Nigeria Immigration Service (NIS), under the supervision of the Minister of Interior.
Q2: What is the penalty for overstaying a Nigerian visa?
A fine of $200 per day or deportation under Section 37.
Q3: Can foreigners buy property in Nigeria?
Yes, provided they comply with the Land Use Act and obtain Governor’s Consent.
Q4: How long can a foreigner stay in Nigeria?
Depending on visa type — tourist visas last 90 days; residence permits can extend up to two years, renewable.
Q5: Can a deportation order be appealed?
Yes, through a legal petition filed at the Federal High Court.
Impact on Nigeria’s Economy
The Act supports Nigeria’s economic development by:
Attracting foreign investment through predictable immigration rules.
Facilitating professional labor mobility.
Strengthening regional integration under ECOWAS.
Promoting tourism and business travel.
Enhancing border security to protect national interests.
Conclusion
The Nigeria Immigration Act 2015 is the backbone of Nigeria’s immigration and residency system. It represents a modern, security-conscious, and development-oriented framework balancing national sovereignty with global mobility.
For individuals and corporations, understanding and complying with this law is critical. Every visa, residence permit, and expatriate employment must align with its provisions to remain valid.
In an era of globalization, compliance is not optional; it is a legal obligation that protects your investment, employment, and reputation in Nigeria. With the right legal guidance, immigration processes become efficient, transparent, and fully compliant with Nigerian law.
Call to Action
At Chaman Law Firm, we specialize in immigration, residency, and expatriate compliance services under the Nigeria Immigration Act 2015. Our experienced legal team assists individuals, companies, and investors in navigating every stage of immigration documentation with speed and accuracy.
✅ Our Immigration Legal Services Include:
STR and TWP visa processing.
CERPAC and residence permit applications.
Expatriate quota and work authorization.
Regularization of stay and deportation defense.
Corporate immigration compliance audits.
Legal representation in immigration-related litigation.
We ensure all our clients operate legally, confidently, and securely within Nigeria’s immigration framework.
📞 0806 555 3671, 08096888818, 08024200080
📍 Chaman Law Firm 115, Obafemi Awolowo Way Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
👉 Book a consultation now: www.chamanlawfirm.com/book-consultation
Whether you’re an expatriate, business owner, or investor, let Chaman Law Firm guide you through full compliance with the Nigeria Immigration Act 2015 — securing your stay, protecting your rights, and strengthening your legal presence in Nigeria.
