Document #1421510
IRB – Immigration and Refugee Board of Canada (Author)
Research Directorate, Immigration and Refugee Board of Canada, Ottawa
Information on the ability of a non-Nigerian wife of Nigerian man to obtain residency or citizenship in Nigeria if their marriage is common law, including requirements and procedures, could not be obtained among the sources consulted by the Research Directorate within the time constraints of this response. The following information may be of interest.
According to the website of the Nigeria Immigration Service, the "CERPAC Green Card" is
a bonafide document that allows a non-Nigerian to reside in Nigeria and carry out an approved activity as specified in the permit, or to accompany a resident or citizen of Nigeria as a dependant. Possession of a valid CERPAC Green Card does not exempt the holder from having a valid entry or re-entry permit/visa. Holders of resident status in Nigeria who are proceeding on leave or temporary duty outside Nigeria should apply for re-entry permit/visa prior to their departure from Nigeria. The validity is Two (2) years. (Nigeria n.d.)
Without providing further information, the same website states that "Niger-Wives"[1] are able to obtain a CERPAC by submitting an "AR" form, which is "issued at the Immigration Service quarters and State Commands all over the Federation" and the application must also include the following:
A May 2014 article authored by a Nigerian lawyer in The Lawyers Chronicle, a Nigeria-based "pan-African online publication for lawyers, scholars, students and policy makers" that "surveys the main trends of legal and socio-political issues on the African continent" (The Lawyers Chronicle 21 Mar. 2016), indicates that if the wife is abroad, the following must be submitted:
The Nigeria Immigration Service further states that the CERPAC fee is waived for "Niger-wives" (Nigeria n.d.). A copy of the page is attached to this Response (Attachment 1).
Information about legislation on common law marriages, within Nigeria or abroad, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. A copy of the Nigerian Marriage Act is attached to this Response (Attachment 2).
The article in the Lawyers Chronicle reports that "Nigerian citizenship is not automatic or guaranteed to a Niger-wife" according to the Nigerian constitution (The Lawyers Chronicle 15 May 2014). Articles 26, 27 and 28 of the Nigerian Constitution provide the following in regards to citizenship:
26.
27.
28.
A copy of the Nigerian Constitution is attached to this Response (Attachment 3).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Note
[1] According to the May 2014 article in The Lawyers Chronicle, Niger-wife "is the official term used by the Nigerian Immigration Service for a non-Nigerian woman married to a Nigerian" (The Lawyers Chronicle 15 May 2014).
The Lawyers Chronicle. 21 March 2016. "Overview." [Accessed 13 Jan. 2017]
The Lawyers Chronicle. 15 May 2014. "Who is a Niger-Wife?" [Accessed 13 Jan. 2017]
Nigeria. 1999. Constitution of the Federal Republic of Nigeria. [Accessed 13 Jan. 2017]
Nigeria. N.d. "About NIS." [Accessed 13 Jan. 2017]
Oral Sources, Including: Nigeria – High Commission in Ottawa, Nigeria Immigration Service; Nigerwives Nigeria.
Internet Sites, Including: ecoi.net; Factiva; Global Immigration Africa; International Federation for Human Rights; Nigeria – High Commission in Ottawa; Nigerwives Nigeria; United Nations – Refworld; United States – Department of State.