Wednesday, October 31, 2012

Visa & Immigration Law Nepal

VISAS
 
The entry into the kingdom of Nepal is possible only after obtaining a Visa. The embassy of Kingdom of Nepal issues the following types of visa to different categories of people:
  1. Diplomatic visa- for diplomats and foreign consulars
  2. Official visa
  3. Tourist visa
  4. Non- tourist Visa
  5. Study Visa
  6. Business Visa
  7. Residential visa
  8. Non-Residential visa
  9. Transit Visa
DIPLOMATIC VISA
 
Diplomatic passport holders and their family members recommended from the concerned foreign diplomatic mission and considered fit to be granted diplomatic privileges by His Majesty's Government.
 
Ministry of Foreign Affairs may issues the Diplomatic Visa. However, that the diplomatic missions of His Majesty's Government of Nepal or the Immigration offices at the entry point may issue the diplomatic visa (as an entry visa for a period of 30 days).
 
OFFICIAL VISA
 
The official visa shall be granted to the persons considered fit by His Majesty's Government and their family and to the following foreigners and their family upon recommendation of the concerned diplomatic mission:
  1. Administrative,
  2. Technical and non-diplomatic officials serving in a residential or non-residential diplomatic missions,
  3. Consulate for Nepal and incumbent Nepalese honorary Consul Generals, Consuls and their family who visit Nepal from a foreign country
  4. Consultant experts who stay in Nepal under an agreement with his Majesty's Government
  5. Employees serving in the Nepal based offices of the United Nations or its agencies and the persons holding the laissez passez granted by the United Nations.
  6. Employees serving in the international institutions or regional organizations located in Nepal.
The ministry of foreign affairs usually issues the official Visa. However, that the diplomatic missions of His Majesty's Government of Nepal or the Immigration offices at the entry point may issue the official visa (as an entry visa for a period of 30 days).
 
TOURIST VISA
 
Tourist who intends to visit Nepal must hold valid passport and visa. Tourist entry visa can be obtained for the following duration from Royal Nepalese Embassy or Consulate or other mission offices or at the following immigration offices in Nepal.
 
Visa Extension
 
A tourist visa can be extended upto 120 days from the Department of Immigration in Kathmandu and Pokhara Immigration Office on request. Thereafter an additional 30 days can be extended from Department of Immigration ensuring that tourist visa cannot be extended more than 150 days.
 
Fees
 
Visa fee for visitors who enter Nepal for the first time in a visa year
(Jan-Dec):
  1. A single entry visa costs US$30 or equivalent convertible foreign currency and duration of which is 60 days from the date of entry.
  2. Multiple entry facility can be obtained paying additional US$ 50 or equivalent convertible foreign currency. The facility will be valid for a visa year (Jan-Dec) if the visa period is valid.
Extention Fee
  1. Tourist visa extension fee for 30 days: US$ 30 in equivalent Nepalese currency.
  2. Tourist visa extention with multiple entry facility: Multiple entry facility can be obtained paying additional US$ 50 or equivalent convertible foreign currency. The facility will be valid for a visa year (Jan-Dec) if the visa period is valid.
NON TOURIST VISA
 
Following foreigners and their family members may apply for this type of Visa
  1. Foreigners involved in the social and economic development works approved by His Majesty's Government, under the expenses to be borne by governmental institutions of the foreign friendly nations;
  2. Foreigners having obtained recommendation from the Ministry of Foreign Affairs to work in the institutions run by the foreign missions located in Nepal,
  3. Foreign representatives having obtained recommendation from the Ministry of Information and Communications to work in foreign newspapers and news agencies,
  4. Foreigners having obtained recommendation from the concerned Ministry to act as helpers of the foreigners having obtained diplomatic or official visas,
  5. Foreigners having obtained approval from His Majesty's Government to work on remuneration basis in any firm, company, association, industry or enterprise within the Kingdom of Nepal,
  6. Foreigners having obtained recommendation from the Ministry concerned to work in any international airlines organisation located in the Kingdom of Nepal,
  7. Foreign importer visiting Nepal from third country on the recommendation of foreign governmental agency or Federation of Industries or Chamber of Commerce of Foreign Country,
  8. Foreigners who have marital relation with the citizens of Nepal and furnish the marriage registration certificate. If any foreigner of Nepali origin or a foreign passport holder issue of a Nepalese father or mother is to come to Nepal to visit any relatives.
  9. Foreigners who come to Nepal to work, on the recommendation of the concerned Ministry pursuant to an agreement or understanding agreed upon at governmental or non governmental level,
  10. Foreigners having obtained recommendation of the concerned Ministry to conduct feasibility study of an industry or enterprise for a period not exceeding 6 months.
  11. Group leader of the foreigners making application, accompanied by the recommendation of the Ministry concerned, for making the tourists' tour in group in Nepal.
  12. Such Foreigners as may be thought fit by His Majesty's Government of Nepal.
Documents required
  1. Recommendation from the concerned Ministry or Department.
  2. Work permit (for the employees).
  3. Six Copies of application forms with photographs.
  4. A copy of passport including the copy of last Nepalese Visa.
  5. A marriage certificate from the concerned authority to obtain NT visa on the grounds of marriage.
  6. A relation certificate from the competent authority to obtain NT Visa on the grounds of relation.
  7. Valid Press identity card issued from Department of Information.
Duration
This kind of visa is valid up to one year at one time (can be extended)
 
Issuing Authority
 
For the category (7) mentioned above- Royal Nepalese Embassy or Permanent Diplomatic Missions located in the foreign country or Director General, Department of Immigration. For all others- Department of Immigration
 
Fees
  1. For journalist status Nepalese currency equivalent to US$ 10 per month.
  2. For marriage status Nepalese currency equivalent to US$ 10 per month.
  3. For Chinese worker of category (1) having work permit, - Nepalese currency equivalent to US$ 20 per month.
  4. For the status of all other categories if otherwise not mentioned- Nepalese currency equivalent to US$ 60 per month for the first year and US$ 100 per month for succeeding year.
STUDY VISA
 
Following foreign students, research scholars, teachers and their family members who want to study, teach or conduct research works in any educational institute having obtained the approval of His Majesty's Govt.
 
Documents required to be produced by the applicant
  1. Recommendation letter from the Ministry of Education and Sports of Nepal.
  2. Bank encashment receipt or bank balance equivalent to US$ 3,000 per year or US$ 250 per month for applicants and US$ 2,000 for each family members.
  3. Six copies of application forms with photographs.
  4. One photocopy of passport including the copy of last Nepalese visa.
Duration
 
Normally this type of visas are issued for one year, however, it can be extended for the period of research or academic year.
 
Issuing Authority
 
The Department of Immigration of the Kingdom of Nepal issues this type of visa to the Student.
 
Fee
  1. For Srilankan students Nepalese currency equivalent to US$ 9 per month or 7500.00 Srilankan Rupees per year.
  2. For Bangladeshi students Nepalese currency equivalent to US$ 15 per year, with multiple re-entry.
  3. For Maldivian students Neplaese currency equivalent to US $ 5 per month.
  4. For Pakistani students Nepalese currency equivalent to US $ 15 per year for single entry and US $25 per year for multiple entry facility.
  5. For the study visa except mentioned above, Nepalese currency equivalent to US $ 40 per month.
BUSINESS VISA
 
The business visa shall be granted to the following foreigners and their family members on the recommendation of concerned agency:
 
Foreigners having obtained license to make investment in any business or industrial enterprise within the Kingdom of Nepal or authorised representatives of such business or industrial enterprise.
 
Foreigners having obtained license to invest to carry on export trade from the Kingdom of Nepal.
 
Foreigners visiting Nepal from third country who export goods manufactured in Nepal through purchase or who place a purchase order for export license certificate to make investment in any business or industrial enterprise in the kingdom of Nepal.
 
Documents required
 
Recommendation from the concerned Ministry/Department.
 
Six copies of application forms with photographs.
 
A copy of passport including the last Nepalese visa.
 
Duration
 
The business visa is valid upto five years at one time. But the stay in Nepal is valid for 90 days only at a time.
 
Fee
 
A fee of US$ 100 for one year with multiple re-entry and US$ 250 for five years with multiple re-entry is to be paid for this kind of visa.
 
RESIDENTIAL VISA
 
Following foreigners and their family intending to spend life in the Kingdom of Nepal shall be granted the resindential visa.
  1. Persons with international reputation,
  2. Persons capable of rendering outstanding contribution to the economic, social and cultural growth of the Kingdom of Nepal,
  3. Persons who have renounced the citizenship of Nepal and hold foreign passport with or without having obtained foreign citizenship and intend to settle down in Nepal,
  4. Persons making investment of at least one million American Dollars at on time, in an industrial enterpise of Nepal,
  5. Any foreigner intending to spend life in the Kingdom of Nepal without carrying on any business.
Documents required
  1. Six copies of application forms with photographs.
  2. Registration certificate of the industrial enterprise.
  3. A copy of passport.
  4. A copy of last Nepalese visa (if any).
  5. Bank statement showing expenses equivalent to US$ 20,000.00 per year and
  6. Health certificate ( only for those foreigners who are interested to settle down in Nepal, but are not engaged in any business).
  7. No objection letter from consulate or embassy of their country.
  8. Recommendation from Ministry of Home of Nepal.
  9. Character Certificate from consulate, embassy or the Goverment of their country or the Nepalese Authority( for those who have stayed in Nepal in other visa).
A completed application may be submitted with the Royal Nepalese Diplomatic Missions or Embassy abroad or Department of Immigration in Nepal. However the Department of Immigration with the approval from His Majesty's Government of Nepal issues this type of Visa.
 
NON- RESIDENTIAL VISA
 
Any foreigner of Nepalese origin residing in foreign country who wish to reside or conduct business, profession or Study, teach in any subject in Nepal, non-residential Nepalese visa may be issued to him/her and of his/her family.
 
Documents required
  1. Six copies of application forms with photographs.
  2. A copy of passport.
  3. A copy of last Nepalese visa ( if he/she have stayed in Nepal).
  4. Health certificate
  5. Recommendation letter of relationship from the concerned Embassy or village development committe or municipality
  6. In case of student status of this visa recommandation from school or college or research institutions.
Applications
 
Royal Nepalese Diplomatic Missions or Embassy abroad. Department of Immigration in Nepal.
 
Duration
 
The duration of the non-residentional type of visas are generally upto 10 years, can be extended.
 
Issuing Authority
 
The Department of Immigration with the approval from His Majesty's Gevornment of Nepal.
 
Renewal Authority
 
The Department of Immigration is the final issuing authority of a non-residential visa.
 
Fee
 
Issuance fee US$ 100 per year. For Student status of this visa category fee is US$ 50 per year. The visa fee is waived for those who are less than 16 years of age.
 
TRANSIT VISA
 
The visa, generally for a period of one week, shall be issued to any foreigner who has departed from the Kingdom of Nepal and whose entry has been rejected and who has been sent back by any country to Nepal or to any foreigner traveling in an aircraft having landed in Nepal casually due to any reason.
 
Fees
 
The fee needs to be paid for transit visa is US$ 5.00 (five only).
 
CITIZENSHIP
 
At the commencement of the Constitution of Kingdom of Nepal, the following persons who have their domicile in Nepal shall be deemed to be citizens of Nepal:
  1. any person who is a citizen of Nepal by virtue of Article 7 of the Constitution of Nepal (1962) or section 3 of the Nepal Citizenship Act, 1964,
  2. any person who has acquired naturalized citizenship of Nepal by virtue of section 6 of the Nepal Citizenship Act, 1964.
A person who is born after the commencement of the Constitution and whose father is a citizen of Nepal at the birth of the child shall be a citizen of Nepal by descent.
 
Every child who is found within the Kingdom of Nepal and the whereabouts of whose parents are not known shall, until the father of the child is traced, be deemed to be a citizen of Nepal by descent.
 
Whenever any territory is acquired by way of incorporation into the Kingdom of Nepal, every person having his domicile within such territory shall become a citizen of Nepal, subject to the provisions of existing laws.
 
ACQUISITION OF NEPALI CITIZENSHIP BY BIRTH
 
In case the father of any person who is born after the commencement of this act is a citizen of Nepal at the time of the latter's birth, such person shall be a citizen of Nepal jus sanguinis.
 
Any child who is found within the territory of Nepal but the whereabouts of whose parents aren't known shall be deemed to be the citizen of Nepal jus snaguinis until the father of the child is traced.
 
Any minor born within a reasonable time father death of his father shall be deemed to retain the status of the father existing at the time of his father's death.
 
ACQUISITION OF NATURALIZED NEPALI CITIZENSHIP
 
In case any foreign national, other than a minor or an insane person, has fulfilled the following conditions and requirements, he may submit an application in the prescribed form to the prescribed authority for obtaining a certificate of Nepali citizenship.
  1. He can speak and write in the national language of Nepali.
  2. He is engaged in any occupation in Nepal.
  3. He has relinquished his citizenship of another state.
  4. He has resided in Nepal for at least 15 years.
  5. He is a citizen of a country where there is legal provision or a custom to provide naturalized citizenship to Nepali nationals: and
  6. He is of good conduct and character.
In case a foreign woman who has matrimonial relations with a Nepali national desires to obtain Nepali citizenship, she must submit an application in the prescribed form to the prescribed authority. She shall enclose along with such application evidence of her matrimonial relations with a Nepali national, and of having initiated action to relinquish her foreign citizenship.
 
In case any person who is the son, daughter or descendant of any Nepali national desires to obtain the citizenship of Nepal, he must submit an application in the prescribed form to the prescribed authority along with evidence of having fulfilled the following conditions:
  1. He can speak and write in the national language of Nepali;
  2. He has relinquished the citizenship of another state;
  3. He has been residing in the kingdom of Nepal for the past two years with the intention of residing here permanent; and
  4. He is of good conduct, and character.
His Majesty's Government may grant naturalized citizenship of Nepal on payment of the prescribed fees to persons who have rendered special contributions, or are capable of rendering such contributions, in the fields of science, philosophy, art, literature, world peace, and human welfare, or Nepal's industry and economic progress.
A person who obtains naturalised citizenship under this section shall be make to take oath in the form prescribed in the Schedule and granted a certificate of Nepali citizenship in the prescribed form. Such person shall be a naturalized citizen of Nepal with effect from the date when he obtains such certificate

No comments:

Post a Comment