BY Ozor Chinedu
TUE, 6 AUGUST 2016-The 7th National Assembly passed the Immigration Bill 2015 on Thursday, 14th May 2014. The Bill was thereafter assented to by the immediate past President of Nigeria, Dr. Goodluck Jonathan on 25th May 2015. The Immigration Act 2015 repealed the Immigration Act 1963, ending the quest for visible legal reform to the antiquated Immigration Legislation. The raison d’être of the new Act is to bring Immigration legislation and practices in sync with global best practice.
Below are the key highlights of the Immigration Act, 2015.
Establishment of the Directorate of Migration
The Act establishes the Directorate of Migration in addition to existing Directorates within the Service. Within the Directorate of Migration, Divisions of Regular and Irregular Migrations shall be established. TheDivision of Irregular Migration shall, amongst other duties be responsible for handling matters relating to smuggling of migrants and the adoption of effective measures for the prevention, eradication and elimination of smuggling of migrants including the establishment and maintenance of a system for monitoring trans-border activities in this regard.
Entry requirements
The Act streamlined entry requirements into Nigeria by Non-Nigerians. It provides that an Immigration Officer shall, unless the Minister or Comptroller General of Immigration otherwise directs, admit into Nigeria any person who:
- Is in possession of a valid passport or such other travel document as the Minister of Interior or Comptroller General of NIS may approve;
- Is in possession of a valid visa, residence or work permit, any other permit, or other form of approval;
- Is not a prohibited immigrant, which the Act defines as any person liable to be refused entry or to be deported under the Act; and
- Is not considered a risk to public health, interest or national security.
The Act however grants the Minister the discretion to exempt any person from complying with the above requirements where and if national interest so requires.
Power to issue entry visas
Unlike the repealed Act, the Immigration Act 2015 clearly vests the right to issue visas on the Comptroller General (CG). Although the Act recognizes that applications for visa could be made to an appropriate Nigerian Diplomatic Mission established abroad, it stipulates that Visas shall be issued at such Diplomatic Missions by the Immigration Attaché, except in instances where there is no Immigration Attaché in the Mission, in which case the visas shall be issued by any other officer designated for that purpose by the Head of Mission.
Application of the Act to minors/infant dependants of expatriates
The new Act increased the age of assumption of immigration responsibilities and possession of a residence permit (called CERPAC) from 16 to 18 years.Under the Act, the dependent of an expatriate may be permitted to enter and reside in Nigeria if he or she:
- Possesses a valid passport
- Possesses a valid visa
However the dependent shall remain with the parent expatriate and not live elsewhere without the approval of the CG throughout his dependency.A Dependent below the age of 18 is required to have details of his/her parent’s CERPAC endorsed on his/her the passport as sufficient residence permit for the dependent. Upon attaining the age of 18, the dependent is required to obtain his/her own residence permit within three months.
Issuance of residency visas to investors
The Immigration Act 2015 empowers the Comptroller General of Immigration to issue Permanent Residence Visas to foreign investors who have imported an annual minimum threshold of capital over a period of time as may be prescribed in the National Visa Policy. The Act however provides that the Permanent Residence Visa may be withdrawn whenever the Investor withdraws his investment or fails to comply with any other condition or conditions that may have been prescribed for the issuance of the Residence permit.
Change of employment/discharge of expatriates
The Immigration Act 2015 clearly outlines the procedure to be embarked upon where an expatriates elects to change his employment in Nigeria and for the Discharge of Expatriates by the employing Organizations. The Act makes it an offence for an employer to discharge any expatriate employee without first obtaining the consent of the CG. It further prohibits the re-designation of positions or change of employment by expatriates without the approval of the CG.
Jurisdiction over immigration matters
The Immigration Act 2015 confers jurisdiction over immigration matters on the Federal High Court and provides that a division of the Federal High Court shall be established for the prosecution of immigration related matters to facilitate the expeditious dispensation of such cases. However, the Act did not establish Immigration Courts in Nigeria.
Penalties for infringement
The Act has introduced more stringent penalties for infringements including deportation for failure to provide evidence of means of valid support, being a public charge, or a subnormal person (mentally ill), non-possession of valid entry documents, criminal conviction of any form, conviction for rape, defilement, or any other sexual offence,trafficking in persons, smuggling of migrants, prostitution amongst other offences.
The Act imposes substantial fines for various violations including:
- non-regularization of STR Visas within the mandatory 3-month period–3 years imprisonment or a fine of N500,000.00 or both;
- non-renewal of visas (business, tourist, transit, Temporary Work Permits) as at and when due – 5 years imprisonment or a fine of N500,000.00 or both;
- aiding another to enter Nigeria in violation of the Immigration Act – 10 years imprisonment or a fine of N2,000,000.00 or both;
- restricting an Immigration Officer in the lawful performance of his duty – 10 years imprisonment or a fine of N2,000,000.00 or both;
- rendition of false returns or statements – 5 years imprisonment or a fine of N1,000,000.00 or both;
- refusal to furnish relevant document on demand from by an Immigration Officer – 5 years imprisonment or a fine of N1,000,000.00 or both;
- possession of forged passport or travel documents – 5 years imprisonment or a fine of N1,000,000.00 or both.
Detention of persons
The Act provides for the detention of persons whose acts or omissions could lead to deportation upon conviction, for an initial period not exceeding 21 days in the first instance, and thereafter for a further period provided the total period for which the offender is detained shall not exceed 90 days.
The Act also gives room for detention of persons against whom there is a deportation order if in the opinion of the Minister of Interior, the order could not be effected immediately due to any war Nigeria is engaged in or the detention is necessary to secure public safety, defend Nigeria or maintain public order.
End notes
The Immigration Act 2015 is a major step in streamlining the administration of the immigration processes and procedures in Nigeria. Its implementation will, to a large extent, enable the NIS effectively play it role as a facilitator of foreign direct investment.
Ozor Chinedu is the Head Immigration Services at DCSL Corporate Services Limited. +2348055402929, +2348055371550. cozor@dcsl.com.ngwww.dcsl.com.ng ; twitter handle @dcslnigeria
