This article covers the complete process of immigration law in Nepal, Immigration refers to the process of people moving from one country to another with the intention of settling permanently in the new country.

In Nepal, the Immigration Act governs the majority of immigration law, with the Immigration Rules of 2051 covering the procedural components. According to Rules 4-11, the eligibility, criteria, charges, and fees for the various types of visas necessary to enter Nepal are all directly tied to immigration. Nepal, with its breathtaking landscapes and rich cultural heritage, is a hub for travelers, students, businesspeople, and expatriates alike.

However, navigating the country’s immigration laws can be challenging without the right guidance. Immigration laws in Nepal govern entry, stay, and rights of foreign nationals, ensuring smooth travel and legal compliance. In this guide, we’ll cover everything you need to know about immigration law in Nepal, from visa types to legal compliance and more.

The Immigration Act of 2049 has served as the substantive governing law for foreigners’ entry, stay, and departure in Nepal. The Act also addressed visas, their types, eligibility, and other relevant provisions. Immigration Rules 2051 is the procedural law governing immigration. Additionally, the Immigration Procedure 2065 has been implemented in Nepal.

The Department of Immigration (DOI) is guided by legal framework laid down by Immigration Act, 2049; Immigration Regulation, 2051 & Immigration Procedure, 2065 and thus derives functions of issuing Visa, Trekking Permit, detaining and investigating on violations or breaching of the Immigration laws of country and filing lawsuits in the court. These functions are administered through DOI office (Kathmandu) and ten Entry and Exit points including Immigration office, TIA (Tribhuvan International Airport).

On Arrival tourist visas are issued by Immigration Offices at Entry and Exit points except Immigration office, Pokhara. Immigration office, Pokhara extends Tourist Visa and issues trekking permits for restricted areas trekking unlike other Entry and Exit points. Tourist visa extension can be done from the Department of Immigration (DOI), Kathmandu. Non Tourist visa is issued and extended only from the DOI office, Kathmandu.

Legal Frameworks Governing Immigration

Nepal’s immigration system is primarily regulated by the Immigration Act 1992 and Immigration Rules 1994. These laws define the categories of visas, their terms, and penalties for violations. Additionally, Nepal follows international agreements for specific groups, such as refugees.

Government Authorities

The Department of Immigration, operating under the Ministry of Home Affairs, oversees all immigration-related matters. This body handles visa issuance, extensions, and enforcement of immigration laws.

The Immigration Act 2049, and its extension, the Immigration Rules 2051, are the primary legal frameworks governing immigration in Nepal. The Immigration Act was enacted to regulate the entry, stay, and departure of foreigners into Nepal, as well as the management of NRNs and their departure from Nepal. The Act defines immigration as the process by which foreigners enter Nepal, remain there, and then leave the nation.

Types of Visas in Nepal

1. Tourist Visa

Tourist visas are the most common and can be obtained on arrival for most nationalities. These visas allow short-term stays for tourism and exploration.

2. Work Visa

Issued to foreign nationals employed by organizations or companies in Nepal. A work permit from the Ministry of Labor is typically required before applying for this visa.

3. Student Visa

Designed for international students enrolled in Nepalese educational institutions. Applicants need proof of admission and financial support.

4. Residential Visa

Granted to foreigners with specific contributions to Nepal, such as significant investment or humanitarian work. This visa allows long-term residency.

5. Non-Tourist Visa

Covers various categories, including researchers, journalists, and volunteers. Documentation requirements depend on the purpose of the visit.

6. Business Visa:

1. Eligibility: Granted on the recommendation of a concerned agency for investors, representatives, or traders.
2. Duration: Up to five years, extendable.

7. Transit Visa:

• Eligibility: Granted for one day to foreigners with confirmed air tickets transiting through Nepal or in case of an emergency landing.

8. Non-residential Nepalese Visa:

• Eligibility: Granted to foreigners of Nepalese origin for residence, trade, business, study, teaching, or research.
• Duration: Up to ten years, extendable.

9. Residential Visa:

• Eligibility: Granted to individuals intending to spend life in Nepal based on international reputation, contribution to development, investment, or non-business residence.

Visa Application Process in Nepal

Required Documents

1. Valid passport with at least 6 months’ validity
2. Completed visa application form
3. Recent passport-sized photographs
4. Supporting documents (e.g., employment contracts, letters of admission)

Step-by-Step Application Procedure

1. Fill out the application form available online or at Nepalese embassies.
2. Submit the form along with supporting documents.
3. Pay the required visa fee.
4. Wait for approval or additional instructions from the Department of Immigration.

Processing Time

Visa processing typically takes a few days to several weeks, depending on the visa type.

Immigration Compliance and Regulations

Registration Requirements for Foreign Nationals

Foreign nationals staying for extended periods must register with the Department of Immigration and adhere to the terms of their visa.

Guidelines for Renewals and Extensions

Visas can be extended at the Immigration Office, provided that applicants meet all renewal criteria and submit their applications before expiry.

Permanent Residency in Nepal

Eligibility Criteria for Permanent Residency

Nepal grants permanent residency to individuals meeting specific conditions, such as long-term business investments or marriage to a Nepalese citizen.

Application Process for Permanent Residency

Applicants must provide substantial evidence of their eligibility, including financial records and personal documents. The process involves thorough scrutiny by immigration officials.

Which governing agencies oversee visas in Nepal?

Rule 12 of the regulations determines how visas are issued, renewed, and regulated in Nepal. The following are the visa categories and issuing/renewing authorities:

Diplomatic Visa: Ministry of Foreign Affairs (An immigration officer or mission may issue an entry visa for up to 30 days).

Official Visa: Ministry of Foreign Affairs (Immigration Officer or Mission may issue an entry visa for up to 30 days).

Tourist Visa: Immigration Officer (for entry visa – 15 days, 30 days, 90 days in a visa year); Director General (for extending the length and managing visas for foreigners) (The Immigration Officer may regularise the visa for up to 15 days at the departure point.)

Study Visa: Director General

Non-tourist visa: Nepalese embassy or permanent Nepalese diplomatic post overseas (for Clause (g) of Rule 8); Director General (for Clause (l) of Rule 8); and Director General (for other clauses of Rule 8).

Business Visa: Director General

Transit Visa: Immigration Officer

Residential Visa:

For the first year: Department with clearance from the Ministry of Home Affairs
The Department may suggest renewal for foreign investors under clause (d) of sub-rule (1) of Rule 11.
Non-resident Nepalese Visa For the first time: Mission or Director General (with consent from the Ministry of Home Affairs).
For renewal: Department.

Work Permits and Employment Regulations

Only foreign nationals with valid work permits are permitted to accept jobs in Nepal. Only on the suggestion of the line agency (the relevant Ministry of Government of Nepal), the Department of Labor’s Labor Permit, and the Ministry of Home Affairs’ Work Agreement (with a few exceptions) does the Department of Immigration (Non Tourist Visa department) issue working visas. Candidates should apply for a visa at the Department of Immigration after completing the necessary steps at other government agencies.

Who Needs a Work Permit?

All foreign nationals engaging in employment in Nepal require a valid work permit, irrespective of the job type or duration.

Steps to Obtain a Work Permit

1. Submit proof of employment.
2. Obtain clearance from the Ministry of Labor.
3. Apply for a work visa after receiving the permit.

Immigration for Business and Investment

Requirements for Business Visas

Foreign investors must present business registration certificates, proof of financial investments, and a clear business plan.

Immigration Benefits for Investors

Business visas enable foreign nationals to oversee their investments and participate in Nepal’s growing economy.

Transit Visa for Travelers

Nepal offers transit visas for individuals passing through the country to other destinations. These visas are valid for a short period, typically up to 72 hours, and are ideal for layovers or brief visits.

Immigration Services for Diplomatic and Official Visits

Diplomats and officials visiting Nepal for government or international assignments receive specialized immigration services. Diplomatic visas are processed swiftly, often with exemptions from standard fees and documentation requirements.

Digital Advancements in Nepalese Immigration

Nepal has embraced digital technology to simplify immigration processes. E-visa services for tourists and digital application tracking systems ensure greater convenience for applicants. This modernization is part of Nepal’s effort to boost tourism and foreign relations.

Regional Agreements Affecting Immigration

Nepal benefits from regional agreements under the South Asian Association for Regional Cooperation (SAARC). Citizens of SAARC countries enjoy visa facilitation, fostering stronger ties and easier mobility within the region.

Humanitarian Aspects of Immigration

Nepal plays a crucial role as a host country for refugees from neighboring nations, including Tibet and Bhutan. The government collaborates with the United Nations High Commissioner for Refugees (UNHCR) to ensure the rights and welfare of these individuals are protected.

Visa-Free or Visa-on-Arrival Policies

Nepal offers visa-free or visa-on-arrival policies to many nationalities, simplifying the entry process for tourists. This policy boosts Nepal’s appeal as a travel destination and reflects its commitment to international goodwill.

Immigration for Retirees and Expatriates

Nepal is gaining popularity among retirees and expatriates for its affordable living costs and serene environment. The residential visa program for retirees caters specifically to this demographic, offering long-term stay options.

Immigration Challenges for Foreign Nationals

Despite the advancements, challenges such as bureaucracy, language barriers, and inconsistent enforcement of regulations persist. These can be mitigated by hiring experienced legal or immigration advisors familiar with local laws.

Upcoming Changes in Immigration Policy

The Nepalese government is actively revising its immigration laws to align with global standards. Upcoming changes aim to make the system more transparent, encourage foreign investments, and improve compliance mechanisms.

Conclusion

Immigration law in Nepal continues to evolve. Staying informed about the latest regulations ensures smooth entry and stay in the country. Legal experts ( Immigration Lawyer in Nepal) recommend thorough preparation and adherence to all legal requirements.

Immigration Law in Nepal-FAQs

-1. What is Immigration Law in Nepal?

Immigration law in Nepal governs the entry, stay, and exit of foreign nationals. It includes visa regulations, work permits, and residency rules.

-2. What Types of Visas Are Available in Nepal?

Nepal offers several visa types, including:

1. Tourist Visa: For short visits and tourism.
2. Student Visa: For those enrolled in educational institutions.
3. Work Visa: For employment-related purposes.
4. Residential Visa: For long-term residency based on specific criteria.

3. How Can I Apply for a Visa in Nepal?

-To apply for a visa, you need to:

1. Visit the Department of Immigration website.
2. Complete the online application form.
3. Submit the necessary documents, such as your passport and a recent photo.
4. Pay the visa fee.

4. What Are the Requirements for a Work Visa?

-To obtain a work visa in Nepal, you must:

1. Have a valid job offer or employment contract.
2. Submit a letter of recommendation from the employer.
3. Provide proof of qualifications and experience.
4. Pay the applicable fees.

5. Can I Extend My Visa in Nepal?

-Yes, visas can be extended. Visit the Department of Immigration with:

1. Your current visa and passport.
2. A completed application form.
3. Payment for the extension fee.

6. For what length of time can I get a Marriage Visa for my spouse?

– Marriage Visa is issued for maximum of one year. If you are the first time applicant applying for a Marriage Visa, it is issued for maximum of six months.

7. What is the fee structure for Marriage Visa?

– 10 USD per month. If you need multiple Re-entry facility, you must pay an additional 60 USD.

8. When can I extend my Marriage Visa?

– You should renew your Marriage Visa once it expires. Given practical considerations,we entertain your application a week prior to your visa expiration date.

9. Do I need to bring my Nepali spouse (husband/wife) every time I apply for visa renewal?

– Yes. It is mandatory that your spouse be present every time you renew your visa.

10. Can I work under a Marriage Visa?

– You are eligible to work only after obtaining a work/labour permit. The Department of Immigration can facilitate the process by forwarding you work permit application to our line ministry (The Ministry of Home Affairs)  after acquiring necessary documents  from you. You will then have to go through the Ministry of Home Affairs to the Department of  Labour fulfilling all the necessary procedures of each institution.

11. What additional document do I need to produce to get Dependent visa for my dependents?

– Recommendation letter from concerned line agency (Ministry of Nepal Government) asking DOI to issue Dependent Visa;

– The Recommendation letter should include details of each dependent (name/passport number/ relationship with the main applicant).

12. I would like to apply for Study Visa (Volunteer). What additional documents do I need to produce?

You should produce following additional documents along with other documents needed for regular Study Visa:-

– Recommendation letter from Ministry of Education,

– Work Agreement from Ministry of Home Affairs,

– Recommendation letter from Institution receiving volunteer in Nepal.

– Also Labour Permit from the Department of Labour (only for paid volunteer work).

13. I am travelling to Nepal for a business meeting. What kind of visa should I get to enter Nepal?

– You have to get Tourist visa as a entry visa. You can get it either from Nepalese diplomatic missions abroad or On Arrival (if eligible, check our website for detail). If you are investing and running business in Nepal for long term, you might consider getting Business Visa.