This article provides you the information about the citizenship law in Nepal, constitutional provisions, and related acts. Citizenship law in Nepal is guided by the Constitution of Nepal and the Nepal Citizenship Act, of 2063.
What is Citizenship?
The deed that protects the fundamental rights and other rights of the citizens by establishing law relations with the state is called citizenship.
How many types of Citizenship are provided in Nepal?
According to the Constitution of Nepal and Nepal Citizenship Act of 2063, four types of citizenship are provided in Nepal. They are:
- Citizenship by descent
- Citizenship by Birth
- Citizenship by Naturalization
- NRN Citizenship
Who gets the Nepalese Citizenship?
According to the Constitution of Nepal,
- The persons who have obtained Nepali citizenship at the time this Constitution came into effect, and who qualify for citizenship under this Part, shall be citizens of Nepal.
- Nepali citizens by descent are (a) Those who obtained Nepali citizenship by descent before this Constitution. (b) Those whose father or mother was a Nepali citizen at the time of their birth.
- A child born to two Nepali citizens before this Constitution shall acquire Nepali citizenship by descent upon reaching adulthood.
- Any minor found within Nepal whose parents’ whereabouts are unknown shall be a Nepali citizen by descent until their parents are identified.
- A person born in Nepal to a Nepali citizen mother, but whose father is unidentified, shall be granted Nepali citizenship by descent. If the father is later determined to be a foreigner, the person’s citizenship shall be converted to naturalized.
- A foreign woman married to a Nepali citizen may acquire Nepali naturalized citizenship if she wishes, as provided by federal law.
- For a person born to a Nepali citizen mother and foreign father, the person may acquire Nepali naturalized citizenship if they have permanently resided in Nepal and not acquired foreign citizenship, unless both their parents were Nepali citizens at the time, in which case they can acquire citizenship by descent.
- The Nepali government may grant naturalized or honorary citizenship as per federal law. When a new territory is merged into Nepal, the residents of that territory shall become Nepali citizens, subject to federal law.
Who can get Nepali Citizenship by descendants? (वंसज नागरिकता)
According to Section 3 of the Nepal Citizenship Act, 2063, the following persons can obtain the citizenship of Nepal as descendants:
(1) If a person’s father or mother is a citizen of Nepal at the time of his birth, such person shall be a citizen of Nepal as a descendant.
(2) Notwithstanding anything written in sub-section (1), in the case of children born to a Nepali citizen woman who marries a foreign citizen, it shall be as per sub-section (2) of section (5).
(3) Every minor who does not have a paternal or maternal address found within the borders of Nepal shall be considered a citizen of Nepal as a descendant until his father or mother is found.
Who can get the Naturalized Citizenship in Nepal? (अंगिकृत नागरिकता)
According to the provision in Section 5 of the Nepal Citizenship Act, 2063, the following persons can obtain a Naturalized Nepali citizenship certificate:
- A foreign woman who is married to a Nepali citizen
- Children born to a Nepali citizen woman married to a foreign citizen (if she was born in Nepal and resided in Nepal permanently and based on her father’s citizenship, she has not acquired the citizenship of a foreign country)
- A person justified by the Government of Nepal who has made or can make a special contribution to science, philosophy, art, literature, world peace, human welfare, or the industrial, economic, or social progress of Nepal.
- Among the children of a person who has acquired Nepalese citizenship, children born before he acquired that citizenship
Can I get the Nepali Citizenship based on the birth in Nepal?
Before the promulgation of the Constitution of Nepal, Nepali citizenship was distributed based on birth. In the current constitution, there is no provision for obtaining Nepali citizenship based on birth.
Under which conditions, is Nepali citizenship not applicable?
Section 10 of the Nepal Citizenship Act, 2063 provides that Nepali citizenship will not be maintained in the following cases:
(1) After a citizen of Nepal voluntarily acquires the citizenship of a foreign country, his Nepali citizenship will not continue.
(2) After a Nepalese citizen gives notice to renounce Nepalese citizenship as prescribed, the designated officer shall register such notice and from the date of such registration, his Nepalese citizenship shall not continue.
(3) If a person is removed from Nepali citizenship by section 14, the Nepali citizenship of such person shall not continue from the date of such removal.
(4) If there is a situation where a person can acquire the citizenship of Nepal and a foreign country at the same time, such person must choose the citizenship of one of the countries within two years of attaining the age of sixteen. In the case of not choosing such citizenship, his Nepali citizenship will not be maintained after the expiry of that period.
What is the process of relinquishing Nepali Citizenship? (नेपाली नागरिकता परित्याग गर्ने प्रक्रिया)
Rule 9 of the Nepal Citizenship Rules, 2063 provides as follows regarding the procedure for relinquishing Nepali citizenship:
(1) If a Nepali citizen wants to renounce his Nepali citizenship, he must give notice to the relevant Chief District Officer if he resides in Nepal, and to the relevant Nepali Ambassador or Head of Nepali Mission or Consul General or Consul if he resides abroad, attaching a copy of the certificate of Nepali citizenship obtained by him in the format as per Schedule-9.
(2) If the notice is given abroad according to sub-rule (1), the Nepali ambassador or head of the Nepali mission or consul general or consul must send the complete details to the ministry through the Ministry of Foreign Affairs within seven days.
(3) The Ministry shall send the information received as per sub-rule (2) to the concerned Chief District Officer.
(4) After receiving the notice as per sub-rule (1), the Chief District Officer shall register such notice in the registration book in the format as per Schedule-10 and the Nepali citizenship of such person shall expire from the date of such registration.
Can we obtain a Nepali Citizenship after relinquishing it once?
According to Section 11 of the Nepal Citizenship Act, 2063, if a Nepali citizen, after obtaining the citizenship of a foreign country, re-enters Nepal and gives up the citizenship of a foreign country to the designated authority, his/her Nepali citizenship will be restored from the date of registration of such certificate.
Can we correct the details of the Nepali Citizenship?
Section 17 of the Nepal Citizenship Act, 2063 has made the following provisions regarding the amendment of the certificate of Nepali citizenship:
(1) If a person wishes to correct the information in his/her name or age mentioned in the certificate of Nepali citizenship and the certificate of educational qualification, or if there is a minor error in the certificate of citizenship, he/she should submit an application to the designated authority with the necessary evidence.
Explanation: For this subsection, “minor error” means no material difference in the particulars mentioned in the certificate of citizenship, such as words like “Kumari”, “Devi”, “Bahadur”, “Prasad”, etc. are overwritten or omitted or there is a difference in size, shape or other minor errors. will indicate an error.
(2) After receiving the application according to sub-section (1), the concerned officer may issue another certificate of citizenship after correcting such details, including the witness land, according to the evidence and the need.
(3) If a married or divorced woman applies to amend the surname, nationality, or other details, the designated officer may issue another citizenship certificate by taking out the previously obtained citizenship certificate and correcting the surname, nationality, or other details.
What happens if someone obtains Nepali citizenship by giving false information or obtains double/thrice citizenship?
According to Section 12 of the Nepal Citizenship Act, 2063, if it is proved that a Nepali citizen has obtained a certificate of Nepali citizenship by giving false information, the designated authority will cancel such citizenship certificate. Article 13 of the Act says that no one should take more than one citizenship certificate. Similarly, In Section 14, if it is proved that a foreigner has obtained a certificate of Nepali citizenship by giving false information or a statement that he/she is a Nepali citizen, the Government of Nepal will cancel his certificate of Nepali citizenship and order to remove him from Nepali citizenship.
In Section 21 of the Act, the following punishments are provided for obtaining a certificate of Nepali Nepali citizenship by submitting false information or obtaining dual or triple citizenship:
(1) If a foreigner claims to be a Nepali citizen and obtains Nepali citizenship by giving false information, he will be punished with imprisonment from one year to five years or a fine of fifty thousand to one lakh rupees or both. In case of punishment according to this sub-section for obtaining citizenship by giving false information, the citizenship thus obtained shall be automatically revoked.
(2) A person who identifies or recommends a foreigner to obtain citizenship based on false information shall be punished with imprisonment for a term of six months to three years or a fine of twenty-five thousand to fifty thousand rupees or both.
(3) If someone creates a false or forged certificate of Nepali citizenship or makes it into circulation, the person who commits or causes such an act shall be punished with imprisonment for a term of one to five years or a fine of twenty thousand to one lakh rupees or both.
(4) If someone voluntarily adds or corrects the information in the certificate of complete citizenship, the person who commits or causes such an act shall be punished with imprisonment for a term of up to three months or a fine of up to ten thousand rupees or both.
(5) If a certificate of citizenship is obtained by giving false information by section 12 or if the information corrected following section 17 is proved to be false, the person who gives such false information or causes the violation of this Act or the rules made under this Act to commit any other offense shall be fined up to fifteen thousand rupees.
(6) If the officer issuing the certificate of Nepalese citizenship knowingly or maliciously issues a certificate of citizenship in a manner contrary to this Act or the rules made under this Act, or corrects the details of the certificate of citizenship, such officer or employee shall be subject to departmental action by the prevailing law.
(7) A person who commits or assists in the commission of an offense punishable under sub-section (1), (2), and (3) shall be punished with half of the punishment prescribed in the same sub-section.
Can I get the Nepali Citizenship in the name of my Mother?
According to Article 12 of the Constitution of Nepal, according to this constitution, a person who obtains the citizenship of Nepal based on descent can get a certificate of citizenship of Nepal with gender identity from the name of his mother or father. It is possible to get a certificate of Nepali citizenship in the mother’s name as there is a provision.
How do you get a Non-Resident Nepalese (NRN) identity card?
Visit www.nrn.mofa.gov.np. There are two firms : Foreign Citizen of Nepali Origin and Nepali Citizen Residing Abroad. Fill in your details in the online form that you need from these firms. In the case of foreign citizens of Nepali origin, the applicant must submit the complete document of relinquishing the citizenship of Nepal.
Documents to be submitted to obtain a Non-Resident Nepali (Foreign Citizen of Nepali Origin) Identity Card:
1) Document showing the citizenship of the country of residence,
2) Proof of renunciation of Nepalese citizenship,
3) Certificate of citizenship of father/mother/grandfather/grandfather No., District or a document revealing that he is a citizen of Nepal,
4) Documents related to business registration if he has been doing any profession or business in any country outside of Nepal,
5) Documents confirming that if he has been employed in any country outside Nepal,
6) Three copies of recent passport-size photographs.
Documents to be submitted for non-resident ID card (Nepali citizens residing abroad) :
1) Copy of Nepali Citizenship Certificate,
2) Copy of Nepali passport,
3) Documents related to business registration if any business has been established abroad,
4) A document confirming that if he/she has been working or working abroad,
5) If he is working in any international association or organization, the appointment letter of that organization and the document revealing the current working status,
6) Three copies of recent passport-size photographs.
Is the document of renunciation of Nepalese citizenship mandatory for non-resident Nepali identity cards?
According to the law of Nepal, foreign citizens of Nepali origin must renounce Nepali citizenship to obtain a non-resident Nepali identity card. The original and copy of such relinquishment of citizenship should be attached to the application. The copy will be taken along with the application and the original document will be checked and given to the applicant.
What are the documents and how much fee is required to renew the non-resident Nepali identity card (NRN Identity Card)?
To renew the non-resident Nepali identity card, in addition to all the documents required to obtain a new non-resident Nepali identity card (as mentioned above), a copy of the expired non-resident Nepali identity card is required. When renewing the non-resident Nepali identity card of a foreign citizen of Nepali origin, he renounces his Nepali citizenship. The document must be attached compulsorily. The fee for obtaining a new identity card and the renewal fee are the same.
If a non-resident Nepali identity card is lost, how can a new identity card be made?
If the non-resident Nepali identity card is lost, the application can be made again. When re-applying, in addition to all the documents required to make a new ID card, the police report of the lost non-residential Nepali ID card must be paid along with a double fee.
How much land can a non-resident Nepalese purchase in Nepal for residential purposes?
There is a legal provision in which foreign citizens of Nepali origin can purchase land or other immovable property in any one of the following areas for residence in Nepal, not exceeding the following area:-
a) Maximum two plantations within Kathmandu Valley,
b) Maximum eight katthas within the municipal area of Terai district,
c) Maximum four plantations within the municipal area of districts other than clauses (a) and (b),
d) Except clause (b), not more than one farm within the rural municipality area of Terai district, or
e) Maximum ten plantations in areas other than clauses (a), (b), (c) and (d).
What are the documents required when applying to the Ministry of Foreign Affairs for the purchase of land for residential purposes for an NRN?
The following documents are required when a non-resident Nepali applies for land purchase at the Ministry of Foreign Affairs.
a) Copy of non-resident Nepali identity card and one copy/photocopy thereof
b) One copy of each of the foreign citizenship certificate and passport
c) Lalpurja/landlord registration certificate of land and one photocopy thereof
d) Copy of citizenship of land owner (seller).
e) Copy/blueprint of trash map/ (in case of house buyer including house map)
f) House/Land Receipt of payment of import tax of FY
g) Copy of house completion certificate
h) Duly filled form for the purchase of land
