The Subject to Regularization (STR) Visa is a visa issued by the Nigerian government for foreign nationals who have been offered employment in Nigeria and are ready to migrate with the intention of residing in Nigeria for a long time. The STR visa is a temporary visa that allows the holder to enter Nigeria while awaiting the completion of the formalities required for the resident work permit, known as the Combined Expatriate Residence Permit and Aliens Card (CERPAC).
Key Features of the STR Visa
The key features of the STR visa include the following:
- Employment-Based: This visa is primarily for individuals who have secured full-time employment with a Nigerian employer. It is often issued based on the submission of a job offer or employment contract. A foreigner who has incorporated a company in Nigeria or who has been appointed as a director of a company incorporated in Nigeria can also apply for an STR Visa based on his position.
- Expatriate Quota First: Before an applicant can apply for an STR Visa, he must have a valid Expatriate Quota obtained in his favour from the Federal Ministry of Interiors. Expatriate Quotas are issued based on the application of a locally registered company to enable the company to bring expatriates into Nigeria who can be an ordinary company employee or executive director.
- Work Permit Process: The STR visa is typically issued for up to 90 days. During this time, the visa holder must apply for a Nigerian resident permit – CERPAC.
- Conversion to Work Permit: After entering Nigeria with an STR visa, the foreign worker is required to apply for a CERPAC within 90 days of arrival. The CERPAC is issued by the Nigerian Immigration Service (NIS).
- Family Dependents: Dependent family members (spouse and children) of the STR visa holder can also apply for dependent STR visas to accompany them to Nigeria.
- Employment Restrictions: The STR visa is specifically linked to the employment offer that the applicant presents. If the applicants change employers or jobs, they will need to reapply for a new work permit.
Requirements for STR Visa:
- Employment Letter from a Nigerian company that has secured approval to hire expatriates.
- Offer Acceptance Letter
- Expatriate Quota Approval to confirm the employer's ability to hire foreign workers.
- Incorporation documents of an inviting company
- Valid passport and photographs.
- Invitation Letter
- Educational qualifications and a police clearance certificate.
- Medical and yellow fever vaccination certificates.
Processing of an STR Visa
An STR visa application must be made to the Nigerian Embassy overseas after the applicant has secured an Expatriate Quota from Nigeria. An STR visa cannot be issued within Nigeria. Any applicants who desire to obtain Nigerian residency must ensure they obtain an STR Visa before coming to Nigeria because an ordinary visiting or business visa can also not be converted into an STR Visa inside Nigeria.
Duration for STR Visa
- The STR visa is usually valid for a short-term period (typically up to 90 days). It is not renewable.
- Once in Nigeria, the visa holder must complete all immigration procedures to obtain the work permit, allowing him/her to reside in Nigeria.
Expatriate Quota in Nigeria
The Expatriate Quota is the major document required for processing of an STR visa apart from the company incorporation documents.
The key aspects of the Expatriate Quota include the following:
- Purpose and Objectives:
- Skill Transfer: Encourages the transfer of specialized knowledge and skills from expatriates to Nigerian employees.
- Employment of Nigerians: Ensures that expatriates are employed only when qualified Nigerian candidates are unavailable, thereby promoting local employment.
- Economic Growth: Attracts foreign expertise to stimulate economic development, particularly in sectors like oil and gas, telecommunications, and manufacturing.
- Protection of National Interests: Prevents the dominance of expatriates in critical sectors, safeguarding national economic interests.
- Application Process:
- Business Incorporation: Companies must be registered with the Corporate Affairs Commission (CAC) and meet specific capital requirements. For wholly foreign-owned or joint venture companies with foreign participation, a minimum paid-up capital of ₦100 million is required.
- Documentation: Submission of various documents, including tax clearance certificates, financial statements, and evidence of imported machinery or equipment, is necessary.
- Approval and Issuance: Upon approval, companies receive an expatriate quota specifying the number of expatriates that can be employed and the duration of their employment.
- Compliance and Monitoring:
- Training Programs: Companies are required to implement training programs for Nigerian employees to ensure skill transfer.
- Monthly Returns: Submission of monthly returns detailing the utilization of expatriate quota positions is mandatory.
- Inspections and Audits: Regular inspections and audits are conducted to ensure compliance with the expatriate quota system.
- Penalties for Non-Compliance:
- Renewal Delays: Failure to renew expatriate quotas within the stipulated time can result in fines.
- Understudy Requirements: Not employing Nigerian understudies for expatriate positions can attract penalties.
- False Documentation: Submitting false documents or information can lead to substantial fines and, in severe cases, imprisonment.
Overall, the STR visa serves as a temporary solution while the necessary processes for long-term employment and residency are finalized. For an STR Visa to be obtained from a Nigerian Embassy abroad, an Expatriate Quota duly issued by the Ministry of Interiors in the name of the company and in favour of the applicant must precede it.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
