This article guides you through visa types in Nepal and the immigration law in Nepal.
Introduction
Immigration law in Nepal is brought to control the entry, stay, and exit of foreigners, secure efficient international interactions, and manage national security. The Immigration Act 2049, Immigration Rules 2051, and Immigration Procedure 2065 are the laws and rules guiding the immigration law in Nepal. These laws focus on the types of visas available, eligibility criteria, application processes, and fees.
Governing Immigration Laws and Rules in Nepal
Immigration Act 2049
The Immigration Act 2049 is the primary legal document that regulates immigration in Nepal. This Act defines foreigners' entry, stay, and departure, handling visas, their types, eligibility, and additional provisions.
Immigration Rules 2051
The Immigration Rules 2051 serve as the procedural law guiding the implementation of the Immigration Act. These rules detail the procedures for obtaining various visas, the requirements for each visa type, and the authorities responsible for issuing and renewing visas.
Immigration Procedure 2065
Implemented in 2065, this procedure adds further clarity and guidelines to the existing laws, ensuring a smooth and standardized process for handling immigration-related matters.
Types of Visas Issued in Nepal
Nepal offers a variety of visas to cater to different needs and purposes. According to Rules 4 to 11 of the Immigration Rules 2051, the government grants several types of visas:
Diplomatic Visa
Eligibility: Issued to individuals holding diplomatic passports, recommended by their respective diplomatic missions.
Criteria: Based on reciprocity and extended for the assignment term in Nepal.
Official Visa
Eligibility: Granted to administrative, technical, and non-diplomatic staff, consultants, UN employees, and participants in government-organized events, as recommended by foreign missions.
Duration: Generally aligns with the term of the assignment.
Tourist Visa
Eligibility: Issued to foreign tourists visiting Nepal.
Duration: Maximum of 150 days in a visa year.
Conditions: No extension if the individual departs before expiry, but the remaining period can be used in the next visa year.
Study Visa
Eligibility: Granted to individuals approved by the Government of Nepal for study, teaching, or research.
Criteria: Financial capability proof is required unless covered under specific scholarship programs or agreements.
Duration: Initially one year, extendable based on progress reports.
Non-Tourist Visa
Eligibility: Issued for social or economic development activities, employment, family relations, and other specified purposes.
Duration: Up to one year, extendable as necessary.
Eligibility: Granted to investors, representatives, or traders on the recommendation of a concerned agency.
Duration: Up to five years, extendable.
Transit Visa
Eligibility: Granted for one day to individuals with confirmed air tickets transiting through Nepal or in case of an emergency landing.
Non-Residential Nepalese Visa
Eligibility: Issued to foreigners of Nepalese origin for residence, trade, business, study, teaching, or research.
Duration: Up to ten years, extendable.
Residential Visa
Eligibility: Granted to individuals intending to reside in Nepal based on their international reputation, contribution to development, investment, or non-business residence.
Visa Issuing and Renewing Authorities
Rule 12 of the Immigration Rules 2051 outlines the authorities responsible for issuing and renewing visas:
Diplomatic Visa: Ministry of Foreign Affairs (entry visa up to 30 days can be issued by Immigration Officers or Missions).
Official Visa: Ministry of Foreign Affairs (entry visa up to 30 days can be issued by Immigration Officers or Missions).
Tourist Visa: Immigration Officers issue entry visas for 15, 30, or 90 days; the Director General extends and regulates visas.
Study Visa: Issued and renewed by the Director General.
Non-Tourist Visa: Issued by Nepalese embassies, permanent diplomatic missions, or the Director General, depending on the specific clause under Rule 8.
Business Visa: Issued and renewed by the Director General.
Transit Visa: Issued by Immigration Officers.
Residential Visa: Initially granted by the Department with the Ministry of Home Affairs' approval, renewed by the Department.
Non-Residential Nepalese Visa: Issued by missions or the Director General (with the Ministry of Home Affairs' approval), renewed by the Department.
Fees for Visas
Visa fees vary based on the type and duration of the visa:
Tourist Visa:
15 days: $25 or equivalent in foreign currency.
30 days: $40 or equivalent.
90 days: $100 or equivalent.
SAARC nations: Free for the first 30 days.
Study Visa:
30 days: $30 or equivalent.
Degree Program: $20,000 monthly.
Non-Degree Program: $700 monthly.
Business Visa:
Investment less than $10 million: $10 per month, $100 annually, or $300 for five years.
Investment of $10 million or more: $30 per month, $300 annually, or $1000 over five years.
Transit Visa: $5 or equivalent.
Non-Residential Nepalese Visa: $100 annually (multiple entry), $25 annually (student).
Residential Visa:
First attempt: $200.
Renewal: $100 annually.
Investors: $700 (onboarding fee), $1200 annually (renewal).
Additional fees may apply for multiple entries, late renewals, and other services.
Deportation Procedures
The expulsion of individuals from Nepal, known as deportation, is governed by the Immigration Act 2049. Deportation can occur for various reasons, including involvement in criminal activities or possession of forged documents. The deportation procedure involves:
Selection of an Investigator: An Immigration Officer is appointed to investigate the crime.
Gathering Evidence: The officer collects evidence, including the power to arrest and search.
Detention: The accused may be detained for up to 25 days during the investigation.
Government Attorney Consultation: The officer consults with the Government Attorney.
Expulsion Decision: The Director General decides on expulsion based on the investigation report.
Punishment: Fines up to 50,000 rupees or imprisonment for up to 5 years, or both, for using fake documents.
Conclusion - Immigration Law in Nepal
Immigration law in Nepal provides guidelines and frameworks for maintaining the entry, stay, and exit of foreigners. The Department of Immigration plays a vital role in monitoring and implementing these laws.
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