Ibe, Chido and Associates

16/02/2021

STEPS, REQUIREMENTS AND COST OF PROCESSING EXPATRIATE QUOTA, STR VISA AND CERPAC (RESIDENCE PERMIT) IN NIGERIA.

A foreigner who desires to invest in the Nigerian economy or a Nigerian that wishes to engage the services of a foreign expert must make certain that a business entity is registered with the Corporate Affairs Commission as a Limited liability Company (LTD)
Aligned with the conditions of the above assertion, it will be pertinent to take a critical look at the step by step guide, requirements and cost of processing an Expatriate quota application, Subject to Regularization (STR) Visa and Combine Expatriate Residence Permit and Alien card (CERPAC) after the completion of an incorporation process.
The essence of fusing all three processes in an article is consequent from the fact that none of the process can stand alone. Any company that commences the process of an Expatriate quota application must finalise it with a residence permit in that order.
STEP 1 (EXPATRIATE QUOTA)
The First step a wholly Foreign company, a joint venture Company (between a Nigerian and a Foreign) or a Nigerian company wishing to have a Foreigner in its employment will take in order to secure an officially permitted residence permit for its foreign employees are as follows:
1. An application for an expatriate quota and Business permit (For a joint venture Company) addressed to the Permanent secretary, Federal Ministry of Interior, Old Secretariat, Garki, Abuja, FCT.
2. Certificate of Incorporation issued by CAC upon the completion of the registration process.
3. Form CAC 2A and 7A or 1.1 (For samples of the Forms visit: (https://ibechidoassociates.com/download-legal-documents/)
4. Memorandum and Articles of Association of the company evidencing its nature of Business.
5. Feasibility report assessing the practicability and viability of the projects of the applicant company.
6. Tax Clearance Certificate (TCC) issued by FIRS. The original must be presented for sighting.
7. Bank reference letter showing financial capacity of applicant.
8. Lease agreement confirming the applicant’s right to the use of a property for its business.
9. Joint Venture agreement( In case of a foreign partnership)
10. Evidence of capital and Machinery importation
11. Proposed salary, job description and academic qualification of the Expatriate(s)
BREAKDOWN OF EXPATRIATE QUOTA AND BUSINESS PERMIT FEES
S/NO FEES N
1 Online registration/Automation 51,000
2 Processing fee 30,000
3 Business permit 100,000
4 Single quota position 30,000

(See reference for link regarding breakdown of expatriate quota and Business permit fees)
After the grant of an expatriate quota by the Minister of Interior, the next step to take before a Nigerian green card is issued is to apply for a Subject to Regularization (STR) VISA from the Nigerian Embassy in the country of origin of the expatriate where he or she has been residing for the last 6 months and the requirements and cost are:
STEP 2: Requirements for the processing of a Subject to Regularization STR VISA
1. Valid Passport with a 6months Validity
2. Letter of employment from the employer of the expatriate.
3. Credentials of the expatriate
4. Proof of online payment of Visa.
Total processing Fee: N70, 000.
STEP 3: CERPAC (Residence permit application)
After the grant of an STR Visa, the expatriate can come into Nigeria and Regularize the Visa with the following documents and fees

1. Purchase of CR (Concessionary) Forms
2. Four(4) Nos “2×2 passport photograph on white background.
3. Application on the letter headed paper of the employer indicating acceptance of Immigration Responsibilities I.R endorsed by the Nigerian High Commissioner.
4. National passport of the applicant with STR Visa endorsement and photocopies of relevant data pages.
5. Letter of appointment and acceptance of the offer by the employee.
6. Expatriate quota approval of the company issued by the Minister of Interior.
7. Photocopies of applicants credential
8. Duly completed forms IMMA 2.1 and E.20
9. Particulars of incorporation documents as contained in the requirements for expatriate quota application.
10. Qualifying certificate and Resume of expatriate
11. Company Profile of the applicant.
FEES
Cerpac fee- 2,000 Dollars per expatriate. (The new rate was introduced by the Minister of Interior since 2018)

DURATION
After submission of the application, a temporary card valid for one year will be issued pending when the permanent card is ready (usually for a period of 2-3 months)
The application is submitted at the office of the Comptroller-General of Immigration (immigration HQ, airport road Sauka, Abuja)
The presence of the expatriate is required.
The expatriate can travel in and out of Nigeria with the Temporary card pending when the original would be ready for pick up.
REFERENCES:
• Ministry of Interior: https://ecitibiz.interior.gov.ng/expatriate/feesdetails
• Ibe, Chido and Associates: https://ibechidoassociates.com/steps-requirements-and-cost-of-processing-expatriate-quota-str-visa-and-cerpac-residence-permit-in-nigeria/

Okpi, Ibe Chinedu is the Principal partner in the Law Firm of Ibe, Chido and Associates ( www.ibechidoassociates.com ) with an extensive knowledge in Corporate and Commercial Law Practice. He can be contacted via phone: 07069279374 or email: [email protected].

Ibe, Chido and Associates provides, on regular basis, very useful legal materials that will be of immense value to. We also useful post resources that the general public can download.

16/02/2021

HOW TO PROCESS ALL RELEVANT GOVERNMENT CONTRACT DOCUMENTS (PENCOM, ITF, NSITF) AND A COMPREHENSIVE LIST OF ALL GOVERNMENT TENDERS AND BUSINESS OPPORTUNITIES

The economic system of Nigeria being a blend of Government and private participation calls for a synergy between both partners in progress to formulate a course of action that will ensure the best qualified contractors, firms and companies in line with the Public Procurement Act (PPA) 2007 secure the right or license to implement Government projects that best suits public interest.
On the strength of the above premise, below are the eligibility requirements prospective bidders are obligate to present for a successful bid.
Firstly, before an entity can be classified as a company capable of processing a PENCOM, ITF and NSITF Compliance certificate for the purpose of a tender/expression of interest, such a body is expected to have been appropriately registered with the Corporate Affairs Commission and a Certificate of incorporation issued. Other documents issued upon completion of the registration process are Certified True Copies of Form CAC1.1 for newly registered companies and Form 2A, 2.1, and 7A for older companies.
For a successful tender/expression of interest to be accomplished, a copy of the Company’s income Tax Clearance Certificate (TCC) for the last three years preceding the invitation for tender/expression of interest must be presented.
To secure a TCC, a company must obtain a Company’s Taxpayers Identification Number (TIN) from a Federal Inland Revenue Services (FIRS) office. Then an application for the Company’s Income TCC has to be made to the FIRS with the following documents.
For new companies less than 6months:
1. Duly Completed Tax registration input form
2. Completed FIRS questionnaire for new taxpayers
3. A copy of the Certificate of incorporation, Memorandum and Articles of Association
4. Letter of appointment of a tax adviser and letter of acceptance.
5. Completed VAT registration Form (download link - www. ibechidoassociates.com/download-legal-documents/)
For companies older than 6months
1. Statement of Affairs or Audited Account.
2. Evidence of payment of pre-operational levy.
An evidence of current pension (PENCOM) compliance certificate valid till 31st December, of the bidding year is vital to a successful bid.
The following are the process and documents required before a Compliance certificate can be issued
1. Photocopy of certificate of incorporation
2. FIRS Tax Identification Number (TIN)
3. Processing of an EMPLOYER CODE with PENCOM
4. Registration of 3staff with a pension Fund Administrator (PFA)
5. Remittance of 18% of at least 3 staff salaries for Maximum of 36months
6. Processing of Group life insurance to cover at least 3 staff of the company
In addition, a proof of current Industrial Training Fund (ITF) Compliance certificate valid till 31st December, of the bidding year is fundamental for a successful tender.
The following are essential for registering an employer for an ITF compliance certificate:
1. Duly completed ITF Form 7A (download form link - www.ibechidoassociates.com/download-legal-documents/)
2. Original CAC certificate for sighting
3. Tax Clearance certificate
4. Current Audited Account
Furthermore, an evidence of current Nigerian Social Insurance Trust Fund (NSITF) Compliance certificate is key to a successful bid.
Below are indispensable for an application for the Certificate:
1. Tax Clearance certificate
2. CAC Certificate of Incorporation.
3. Evidence of remittance of 1% of 5 staff total salaries for a Maximum period of 72months.
In conclusion, for a successful bid to be achieved an evidence of Interim Registration Report from the National Database of Federal contractors, a Sworn affidavit, an Audited Account for the last 3years preceding the bid, Evidence of financial capacity to execute the contract are crucial.
For more detailed information on the above topic please visit https://tinyurl.com/y9zth6d4
Furthermore, for a comprehensive list of all latest information on Government tenders and Business Opportunities please visit: https://www.etenders.com.ng/
Okpi, Ibe Chinedu is the Principal partner in the Law Firm of Ibe, Chido and Associates (www.ibechidoassociates.com), with an extensive knowledge in Corporate and Commercial Law Practice. He can be contacted via phone: 07069279374 or email: [email protected]. Or [email protected]

Ibe, Chido and Associates provides, on regular basis, very useful legal materials that will be of immense value to. We also useful post resources that the general public can download.

28/08/2020

Hello,
I want to use this medium to bring to your notice our latest publication on the topic; “A STEP BY STEP GUIDE ON THE PROCESS, PROCEDURE AND REQUIREMENTS FOR TRADEMARK REGISTRATION IN NIGERIA. (CLASSES INCLUDED) ”.
Here is a link to the article: : https://ibechidoassociates.com/a-step-by-step-guide-on-the-requirements-procedure-and-classes-of-trademark-registration-in-nigeria/
We believe this detailed guide/article will be very useful to you in ensuring swift implementation of your business ideas and its growth through proper licensing.
Or else, you can forward to any of your friends/associates you feel will find it relevant at this moment.
If you have any further questions (legal, corporate or business), please don't hesitate to get in touch with us for more clarification.
Warm regards
Barr Chinedu Okpi
Principal Partner
IBE, CHIDO and ASSOCIATES
07069279374
Email: ibechidoassociates..com

07 August 0 Comments A STEP BY STEP GUIDE ON THE REQUIREMENTS, PROCEDURE AND CLASSES OF TRADEMARK REGISTRATION IN NIGERIA. Posted by Barr Chinedu Okpi in Corporate Matters The idea behind the concept of Trademark is for the protection of the ideas, inventions, designs and trade secrets of Investors....

24/05/2020

HOW TO PROCESS A PENCOM, ITF, NSITF COMPLIANCE CERTIFICATES, REGISTER WITH BPP AND SUCCESSFULLY SUBMIT A TENDER/EXPRESSION OF INTEREST TO EXECUTE A GOVERNMENT CONTRACT.
The economic system of Nigeria being a blend of Government and private participation calls for a synergy between both partners in progress to formulate a course of action that will ensure the best qualified contractors, firms and companies in line with the Public Procurement Act (PPA) 2007 secure the right or license to implement Government projects that best suits public interest.
On the strength of the above premise, it is paramount for us to delve into the eligibility requirements prospective bidders are obligated to present before their bid is said to have been successfully submitted.
Firstly, before an entity can be classified as a qualified Firm or Company capable of processing a PENCOM, ITF and NSITF compliance certificate for purpose of a tender/expression of interest, such a body must have been appropriately registered with the corporate affairs commission (CAC). Upon completion of the registration process, the commission issues a Certificate of Incorporation as a prima facie evidence of registration, as well as a certified true copies(CTC’s) of the Form CAC 2A, 2.1, 7A or 1.1 which specifies details of the Directorship, shareholders/shareholding, secretary, and registered address of the company. These set of documents must be in the company’s registry at all time. It is then imperative for a prospective bidder to ensure that a fresh/new application for CTC of the Certificate, Form CAC 2A, 2.1, 7A or 1.1 is made to the commission so as to save the time which the Government agency making the offer will expend investigating the authenticity of the documents if mere photocopies of the originals were enclosed in the bid.
For a successful tender/expression of interest to be accomplished, a copy of the company’s income Tax Clearance Certificate(TCC) for the last three years preceding the invitation for tender/expression of interest valid till 31st December of the present year of bidding must be applied for and secured. A company’s income Tax Clearance Certificate is essential in the entire tender/expression of interest submission process in that the certificate is a reoccurring requirement all relevant commissions and agencies of Government need before a compliance certificate is issued. The foremost step in the process of securing a company’s income Tax Clearance certificate is obtaining the Company’s Taxpayers Identification Number (TIN) from an FIRS office closest to the company’s registered address. Then an application for the company’s income TCC has to be made to the Federal Inland Revenue Services (FIRS) with the following documents:
For new companies less than 6months
1. Taxpayer registration input form.
2. Completed FIRS questionnaire for new taxpayers on the company’s Letter Head addressed to the tax controller.
3. A copy of the certificate of incorporation, Memorandum and articles of association. If the application is being made for the First time, the original certificate of incorporation must be presented for sighting.
4. Letter of appointment of a tax adviser and Letter of acceptance.
5. Completed VAT registration Form
For companies older than 6months
1. All requirements listed above applies and,
2. Statement of affairs or audited account signed and stamped by an auditor, accompanied with a Bank statement of the company. It aids the officials at FIRS to make an informed assessment.
3. Payment of pre-operational levy
Essentially, an evidence of current pension (PENCOM) compliance certificate valid till 31st December of the bidding year is vital in ensuring a tender/expression of interest to execute a Government contract is successful. The PENCOM compliance certificate is the only document that confirms that the provisions of Pension Reform Act, 2014 has been complied with. The following are documents, processes and remittances prospective bidders wishing to obtain the PENCOM compliance certificate are required to possess and follow in their quest of procuring the compliance certificate:
1. A copy of the certificate of incorporation and evidence of FIRS Taxpayers identification Number (TIN). These two documents accompany a Letter requesting for an employer code from PENCOM. The employer will submit the above listed documents to a Pension Fund Administrator (PFA) who will forward the criteria to PENCOM for the issuance of an employer code.
2. Once the employer code is issued, the employer (who has more than 15 personnel) will be mandated to register at least 3 staff of the company with the PFA for a monthly pension contribution at the rate of a minimum of ten percent (10%) by the employer and eight percent (8%) by the employee making a total of eighteen percent (18%) pension contribution. The evidence of the Monthly pension contribution will be provided by the PFA for presentation to PENCOM.
3. After concluding with the PFA, an application will formerly be made to PENCOM for the issuance of a compliance certificate which will be accompanied with a certified list of employees of the organization and their Monthly rate of pension contribution as at the end of the last fiscal year. The certification is best done by at least two Directors of the company to establish its authenticity.
4. Last but not least, is an evidence of a current Group life insurance policy for a Minimum of 3 staff specifying the sum assured
Proof of current Industrial Training Fund (ITF) compliance certificate valid till 31st December of the bidding year is fundamental for a successful tender/expression of interest.
The ITF Act provides that any supplier, contractor or consultant bidding or soliciting for contracts from any Government Ministries, Departments or Agencies must contribute to the Fund one percent 1% of its total annual payroll. This rule applies to employers having 5 or more employees or having less than 5 employees but with turnover of N50m and above per annum.
The process of registering a new employer for an ITF compliance certificate is as follows:
1. The Prospective Employer can download ITF Form 7A (Employer Registration and Payment of Training Contribution Form) from www.ibechidoassociates.com, complete it and present it for submission at the nearest ITF area office along with
a. A copy of the company’s certificate of incorporation issued by the CAC
b. Certified True Copy of the Company’s Audited Account
c. A Copy of the Company’s Tax Clearance certificate.
2. At the ITF area office, a Revenue inspectorate and compliance officers will evaluate and assess the liability of the company based on the total annual payroll contained in the Company’s Audited Account.
3. The subsequent step will be for the company to generate an RRR based on the assessment of the officer through the Remita platform and make payment at any Bank for Training contribution.
4. After payment is made, the company is expected to return the Remita payment receipt and the duplicate teller from the Bank to the ITF office. A Hard copy receipt and Acknowledgement letter will then be issued as a final confirmation of Payment of Training Contribution.
5. At this stage, the ITF Area Office will then forward the employers details as contained in the ITF Form 7A to Headquarters’ Revenue Inspectorate and Compliance Department for issuance of ITF National Number.
6. The ITF National Number will then be sent to the Area office for scripting and issuance of a Certificate of Compliance which serves as an evidence of compliance with the ITF Act.
Also evidence of current Nigerian Social Insurance Trust Fund (NSITF) Compliance certificate is key to a successful tender/expression of interest. The issuance of the yearly compliance certificate to an employer will require the following documentation and process of application:
1. The employer/company will be expected to signify their intention to secure the compliance certificate by making a request on its letter head paper to the Fund. And the letter will be accompanied with the following documents:
2. A copy of the Certificate of Incorporation issued by CAC
3. Completed ECS RE 01 Registration Form, payroll Form RE 03 and the 10 digit Registration Number issued to the employer upon registration with the Fund.
4. A copy of the NSITF receipt showing evidence of payment through www.remita.net
It is important to note that the assessment of the liability of the employer subject to the issuance of an NSITF Compliance certificate is 1% of 5 staff total salary for the Number of months applicable to an applying employer/company.
Furthermore, for a bid to be said to have been successfully submitted, an evidence of an Interim Registration Report (IRR) from the National Database of Federal contractors, consultants and service providers has to be attached to the bid.
For a company to be registered on the system, it has to provide the following documents:
1. CAC Registration Number as captured on the Certificate of incorporation.
2. The type of company of the employer (e.g. Private company limited by shares)
3. FIRS (TIN)
4. Company address details as contained in the CAC 3 or 1.1 of the company.
Upon a successful completion of the process, a Username and Password will be sent to the official mail address provided by the Company so as to afford the company the chance to provide its details to the portal.
Additional requirement such as a sworn affidavit which serve the purpose of ensuring under oath that the committee members of the MDA’s has no pecuniary interest in the Bidder has to be attached as well.
The Audited Account of the Company for the last three years preceding the bidding date has to be prepared stamped and sealed by an Auditor.
The Firm, Contractor or Company making the tender/expression of interest must show evidence that it has the financial capability to execute the project. Financial capacity is proved if the Firm, Contractor or Company can provide a reference letter from a reputable Commercial Bank showing readiness to offer the required capital to complete the project when needed.
Other pertinent documents that must accompany a Bid are:
Pictures of projects the company has completed within the last 5 years that has earned them the trust that they have the experience and capacity to execute the present bid project has to be enclosed too. The Letter of award, valuation/job completion certificate has to be attached to establish authenticity.
Evidence of registration with professional bodies and curriculum Vitae of key staff of the company is also imperative to the submission of a successful bid.
For the purpose of submission of the bid, potential bidders have to make certain that the Technical Documents which comprises of all relevant documents listed above as well as the Technical Capacity to handle the job is enclosed in a separate envelop (marked Technical) and the Financial bid which is the valuation of the of the entire project in the bid inclusive of VAT in another envelop (marked Financial). The two separate envelops shall the be enclosed in one sealed outer envelope marked “INVITATION FOR TENDER” stating the “Lot No”, Company name, RC No., “project title”.
In truth, whatever is worth doing at all is worth doing well and nothing can be done well without attention. The above listed process and procedure is the foundation most Government Ministries, Departments and Agencies must adopt so that they will not be in breach of the Public Procurement Act 2007 in the process of implementing projects appropriated in the MDA’s Budget.
For more Information on the above topic, please call 07069279374 or send an e-mail to [email protected]