Immigration law in Nepal

The Department of Immigration, under the Ministry of Home Affairs, administers most immigration matters in Nepal. Nepali diplomatic missions, immigration offices and entry points, the Department of Labour, the Department of Industry, the Ministry of Education and local authorities also act when a case involves work, investment, study, family evidence or local registration. The main legal framework consists of the Immigration Act 2049 and Immigration Rules 2051. A foreign national must use a visa for the permitted purpose and comply with its conditions. A Tourist Visa allows visits but does not allow paid or unpaid work. The current Department of Immigration fee table lists USD 30 for 15 days, USD 50 for 30 days and USD 125 for 90 days; extensions cost USD 3 per day and late payment can add USD 5 per day. Tourist stay is limited to 150 days in a visa year, including extensions. Study, work, business, family and other long-term purposes generally require a Non-Tourist Visa or another specific category. A Study Visa requires an admission document and a recommendation from the Ministry of Education. The rules refer to annual bank evidence of USD 3,000 for the applicant and USD 2,000 for each dependant. Renewal normally requires a progress report. The sources contain different monthly fee figures for degree study, so the current operational fee must be confirmed before filing. A Work Visa requires the relevant ministry's recommendation, a Labour Permit and a work agreement with the Ministry of Home Affairs. The appointment or contract, tax clearance and, for some organisations, a Social Welfare Council agreement also matter. Work remains limited to the approved purpose. The current monthly fees are USD 30 for government-affiliated work, USD 50 for donor-funded work and USD 75 for other organisations. Re-entry adds USD 20 for a single permit or USD 60 for a multiple permit. A Business Visa is linked to investment or business activity. Current fee bands depend on the investment: an investment below NRS 10 million is listed at USD 30 per month, USD 300 per year or USD 1,000 for five years; an investment above NRS 10 million is listed at USD 10 per month, USD 100 per year or USD 300 for five years; the current table lists no fee for investment above NRS 100 million. A single issuance can last up to five years, subject to the applicable approval and conditions. Marriage and Relation Visas use evidence such as a marriage registration certificate, the Nepali spouse's citizenship document or a relation certificate issued by a local body. Physical presence can be required. A family connection may support residence but does not itself create Nepali citizenship or a right to work. Work still requires a Labour Permit. An NRN Visa is available to a foreign national of Nepali origin who has the relevant NRN card or NRN citizenship. NRN means non-resident Nepali. The visa can support residence, business, study, teaching or research and may be issued for up to ten years under the rules. The current Department of Immigration information states that a visa is still required even when the person holds an NRN card or NRN citizenship; it lists no fee while the NRN card remains valid. A Residential Visa is a renewable temporary status rather than general permanent residence. Possible bases include recognised international reputation, an outstanding economic, social or cultural contribution, a one-time industrial investment of at least USD 100,000, or living in Nepal without operating a business. The non-business basis requires evidence such as annual income or bank funds of USD 20,000, a character certificate, embassy no-objection confirmation, a health certificate and, for the retirement basis, age 60 or older. The first year requires Ministry of Home Affairs approval and renewals are handled by the Department of Immigration. Current fees differ by basis, including investor fees of USD 200 for issuance and USD 100 per renewal year, and non-business fees of USD 700 for issuance and USD 1,200 for renewal. Applications commonly require a valid passport and visa, an online form or electronic travel authorisation where applicable, supporting recommendations and purpose-specific permits. A recommendation decision can take up to seven days according to the reviewed information. A non-tourist stay exceeding six months requires a presence registration certificate and renewal. Address changes must be reported. A stay exceeding 120 days followed by travel to another place for more than three days can trigger local police registration requirements. Documents and permits must remain immediately producible. Nepal has no direct equivalent of a general integration test in the reviewed immigration sources. Compliance is instead tied to the particular visa or legal status. Protection is fragmented: Nepal is not party to the 1951 Refugee Convention or the 1967 Protocol, and no comprehensive national asylum and refugee statute was evidenced. UNHCR registration and status determination operate alongside government and administrative arrangements, with distinct circumstances for Bhutanese, Tibetan and urban cases. These arrangements do not guarantee residence, work permission or a general right of appeal. Undocumented people may face detention, penalties or deportation. Nepal also has no general permanent-residence permit or residence-by-years system evidenced in the reviewed Department of Immigration information. Citizenship is a separate legal status. Citizenship by descent can arise through a Nepali father or mother. A foreign woman married to a Nepali citizen may seek naturalisation, subject to the applicable evidence and procedures. General naturalisation criteria include competence in Nepali or another local language, a business connection in Nepal, renunciation or a declaration concerning other nationality, at least 15 years of residence, reciprocity, good character and mental fitness. Citizenship by foreign naturalisation can affect existing Nepali citizenship, and a person who acquires foreign citizenship loses Nepali citizenship under the cited rules. Former citizens or descendants may qualify for NRN citizenship, which gives economic, social and cultural rights but is not the same as full citizenship. Immigration officers may investigate, arrest, search and seize documents in cases covered by the Immigration Act. Detention can last up to 25 days with court permission. The Director General may order expulsion with government approval, and a re-entry ban may apply. For punishment under section 10(4), the reviewed material identifies a possible fine of up to NRS 50,000 together with other payable amounts. An appeal against that punishment may be filed with the Appellate Court within 35 days. Citizenship removal can be challenged by petition to the Government of Nepal within 35 days. No general administrative appeal procedure was evidenced for every immigration decision, so the available remedy depends on the decision and legal basis.