David Okafor, LL.B

27th Oct, 2023 : 9;16am

Japa! You’ve probably heard that word a million times if you have lived in Nigeria for the past decade. It’s been in our songs, in our movies (‘japa’, yes, Nollywood, right?), in our educational research works, and of course on social media. The word japa means ‘to run’ and it represents a wave of emigration out of Nigeria mostly by the youth population. The economic and political situation in the country has not helped matters. Most persons see this emigration as a good thing for the country as it enables benefits such as dollar repatriations which could aid our struggling foreign exchange. Now, there are quite a number of YouTube channels focused on travel and emigration advice from Nigeria to popular countries such as Canada, The United Kingdom, and The United States. Most of these channels usually do not talk about one very salient item on the list of checkmarks towards migrating out of Nigeria, the legal perspective of it. Emigrating from Nigeria involves a range of legal aspects that individuals must carefully navigate to achieve their emigration goals. In this short article, we will delve into the essential legal considerations for those looking to make the move.

Here is what you need to know

You’ve probably heard it before, but I’ll say it again ‘you just can’t leave the country’, yes unfortunately, and to a large extent that is true as there exists a large array of countries that you need a visa to travel to with your Nigerian Passport.

Let’s then talk about the two items we just mentioned, the Passport and the Visa.

The passport is an official document issued by a government, certifying the holder's identity and citizenship, and entitling them to travel under its protection to and from foreign countries. This means that is a means of national identification that is used to identify the nationality of a person when they are traveling outside of the protection of their home country, so the passport is your ticket to the world, a powerful document that opens the door to international travel. In essence, it serves as your official identity and citizenship proof, granting you the right to leave your home country and enter another. For Nigerians, the Nigerian passport is your primary identification when traveling abroad. A passport typically contains crucial personal information, including your name, photograph, date of birth, and nationality. It's issued by the government of your home country and to citizens only and, in this case, Nigeria citizens, and signifies your allegiance to that nation. This document is not only necessary for traveling but also often required when applying for visas to other countries.

Now that we know that we need a passport to identify ourselves when we travel, an interesting thought comes to mind, Do I need anything else? Well, yes and no. No, because there are countries that allow Nigerians to travel to them visa-free such as Benin, Barbados, Burkina Faso, Togo, ECOWAS Countries, and most African Union Countries due to agreements by these countries and, Yes, as there exist countries that require a Nigerians to have a visa in addition to their passport to enable them to travel to such country.

What then is a Visa? A visa is a formal authorization issued by a foreign government that allows a foreign national (in this case, a Nigerian) to enter and stay in their country for a specific purpose and duration. When you plan to leave Nigeria and visit another country, you'll often need a visa for that specific destination. This means that in addition to your Nigerian passport, you'll need to apply for and obtain a visa from the government of the country you intend to visit. The visa application process is often a formal and detailed one, involving filling out application forms, providing necessary documentation, and sometimes attending an interview at the embassy or consulate of the destination country. Visas come in various types, depending on the traveler’s intent, such as tourism, business, study, or work. Each type of visa has its own set of rules, requirements, and conditions and those conditions usually would mean that a person falls into the net of requirements to be able to access such for example a study visa which is given to a person who intends to go and study in the country he is applying for a visa. It is usually applied for upon admission into an educational institution in the country in which a Nigerian is applying for a visa, same applies for a work visa. There is also an interesting phenomenon in terms of grants of access into a country which is called seeking asylum.

An Asylum is a legal status and protection granted by a government to individuals who have fled their home country due to a well-founded fear of persecution based on factors such as race, religion, nationality, political opinion, or membership in a particular social group. The primary purpose of asylum is to provide refuge and protection to individuals who would face harm, persecution, or danger if they were forced to return to their home country. However, before an individual can be granted asylum and accorded the status of a refugee, he must demonstrate a well-founded fear of persecution in their home country. Persecution can take many forms, including threats to life, physical harm, imprisonment, discrimination, or other serious violations of human rights. Such a claim must be backed by substantial evidence or the application for asylum will be denied. Asylum seekers typically must go through a legal process to seek asylum. This often involves submitting an asylum application, attending interviews and hearings, and providing evidence to support their claims. The process can vary by country and can be complex. Some countries offer temporary protection to asylum seekers, allowing them to stay in the country until conditions in their home country improve. Others grant permanent asylum, allowing individuals to live in the host country indefinitely.

Are there Nigerians who don’t need a visa to travel?

Yes, there are. First, we have those who hold dual citizenship, meaning they have both a Nigerian passport and a foreign passport for example the person holds a British Passport as well as a Nigerian passport as a result of being a citizen of both countries, such persons would not be required to apply for a visa if they intend to go to Britain as it considered their home and they have unrestricted access to Britain or a country in which the British passport allows them to enter without a visa-free. Another set of individuals who have visa-free access to travel to several countries outside of Nigeria are person who hold Diplomatic Passports. Public officials in Nigeria including government representatives, politicians, and diplomats usually are given diplomatic passports that allow them based on trust and respect to travel visa -ree to various countries of the world. These passports are not regular passports and are usually enjoyed as a privilege based on the office and individual is holding in the public scene.

Now, still on Visa, the bulk of the conversation around this item is on the process to getting such and it would usually involve mostly administrative process as the outcome of getting one or not is not litigable and left to the decision of the country you intend to travel to, although some countries have a visa appeal process, where they review the decision made by the panel set up to consider your application. Many Nigerians are aware of the difficulties in getting one recently largely caused by low financial status of applicants, language barrier, or errors or missing documents in the application for the grant of a visa. One of such document is the Police Clearance Certificate (PCC).

A Police Clearance certificate is a document provided by the Police Force, upon request, to certify that an individual has not been involved in any criminal activities or does not have any pending criminal cases within that country during a specified period. PCCs are often required when individuals apply for visas, work permits, emigration, or other purposes in a foreign country. The implication of this is that, where a PCC indicates that an individual does have a criminal history, he may be denied access to the country he seeks to migrate to. Any criminal record, no matter how minor or how little, can be sufficient to put your japa plans in jeopardy.

Another such document is the Proof of Funding, which is a common requirement in visa applications, particularly for long-term visas such as work, student, or family reunification visas. Emigration authorities want to ensure that you can support yourself and your dependents during your stay. Many destination countries require migrant (Nigerians) to provide evidence of their financial capability. This assessment ensures that you have the means to cover living expenses, such as accommodation, food, healthcare, and education, without relying on public assistance or welfare programs. In the usual, you can get a sponsor, someone who would pledge financially to support you during your stay in the country you intend to travel to. It is important to note to submit fake financial documents during these applications as when discovered can open you up to prosecution for fraud and of course possible deportation.


So you have an idea about the Legal Perspective to Immigrating out of Nigeria, what should you do?

Get Your Passport: Your Nigerian passport is your first step in the journey of international travel. Ensure it's up to date and in good condition. If you don't have one, start the application process as soon as possible. Your passport is your official identification when traveling abroad.

Research Embassy Websites: Visit the official websites of the embassies or consulates of the country you intend to migrate to. Familiarize yourself with the visa requirements and application process. Each country has specific rules and criteria, and being well-informed is the key to a successful application.

Study Visa Categories: Understand the different visa categories available, such as work visas, student visas, family reunification visas, and tourist visas. Determine which category aligns with your Immigration goals and aspirations. It's essential to know the specific requirements for your chosen visa type.

Gather Required Documents: Start gathering the necessary documents for your visa application. These typically include proof of funding to support yourself during your stay, police clearance certificates (PCC) to confirm your criminal history, and other documents that demonstrate your eligibility for the visa category you're applying for.

1. Proof of Funding: Ensure you have sufficient financial resources to cover your living expenses in the destination country. Maintain a strong financial profile and prepare the required documentation, such as bank statements, sponsorship letters, or scholarship awards.

2. Be Truthful and Transparent: Throughout the application process, maintain honesty and transparency. Never submit fraudulent documents or provide false information. Such actions can lead to visa denials and legal consequences.

3. Seek Professional Guidance: If you encounter challenges or complexities in your visa application, consider consulting emigration experts or lawyers. They can provide valuable advice and assistance in navigating the legal intricacies.

4. Start Early: This is really important. Begin your visa application process well in advance of your intended travel date. This allows you ample time to prepare and address any potential issues that may arise during the application.

While the legal aspects of migrating from Nigeria may seem daunting, they can be managed effectively with the right approach. Your journey to a new beginning is within reach, but it requires careful planning, dedication, and adherence to the legal requirements of your destination country. Remember that each step you take brings you closer to your Immigration goals, and the pursuit of a better future is a worthwhile endeavour.  

Wishing you success and fulfillment in your Immigration journey.

N/B: Please note that this information is not a comprehensive overview of the topic and one would need tailored advice from a legal professional in respect to their particular situation. You can reach out to the author.