Let us talk about quota trafficking and what you need to know.
Quota trafficking is a broad terminology which refers to the various offences relating to the administration and applicability of Expatriate Quota (EQ) under Immigration Law and Regulation. Under Nigerian law, the office of quota trafficking attracts penalties that range from payment of fines and deportation of the expatriates to winding up of the company where the organization is found culpable.
In recent times, the EQ has been subjected to various forms of abuse, which has prompted the Nigerian government to take additional steps-beyond the popular sanctions provided by law to curb this alarming rising trend.
Some of these EQ abuses arise where the expatriate quota is used in ways beyond legal recognition or the contemplation of the law. Examples of such abuse can be found where expatriates under the quota position of a particular company are employed to work for another company. This practice may be prompted by several reasons including the restructuring of organizations either through business transfers or acquisition, which may then warrant the transfer of expatriates to related companies. Where this arises, the acquiring company is expected to apply for its EQ to foster the employment of expatriate while the other company is required to notify the Nigeria Immigration Service(NIS) of the expatriate’s exit from its employment by filing for a deletion.
Another form of abuse occurs when the quota position does not match the job description of the expatriate in Nigeria. For instance, a quota position of “Technician” being occupied by an expatriate with a qualification in Accounting or Business Administration. Other instances include dependents taking up employment despite the fact that their permit does not allow them to work.
Lastly, it is important to note that one of the conditions for the grant of an EQ is to provide evidence of compliance with the legal requirement to employ a minimum of two understudies for each expatriate position. Instances where companies employ understudies without the necessary qualification or include details of the understudies that have exited the employment of the company have all being held to constitute quota trafficking.
Our Immigration Experts are available to assist you achieve compliance with the law and engage with the Nigeria Immigration Service, Ministry of Interior as well as other regulatory agencies on your behalf. For further inquiries and assistance, please contact rubylex@rubylex.com
