On Friday, July 22, 2022, the Nepal National Assembly passed a bill amending the Nepal Citizenship Act 2063. This has been a contentious issue in Nepal for the last four years.
Today, there are legal debates and disagreements about citizenship. Since the last 30 years, society has become sharply divided in favour of and against this issue, demonstrating the establishment of a relationship between the state and citizens when the parties turned it into a political issue based on their own interests..
The addition of the reactionary amendment has significantly altered Nepal’s citizenship law.
The Concept of Dual Citizenship is introduced.
A dual national is someone who holds dual citizenship in two countries. The nationality laws of each country are based on its own policy. The new amendment allows Nepali NRNs with Nepali fathers and grandfathers who have studied and worked in countries other than South Asia and obtained foreign citizenship to obtain Nepali citizenship while being denied the right to vote.Dual nationality can be obtained through the instantaneous operation of various laws rather than by choice.
How does a Non Resident Nepali (NRN) become a Nepali citizen?
Fill out an application and send it to the Ministry.
To obtain Nepalese citizenship, a Non Resident Nepali (NRN) must apply to the Ministry. When applying to the ministry, please include the following information.
- The applicant or his or her parents must provide proof of previous Nepali citizenship, such as a photocopy of their parents’ passports.
- Proof that the individual in question has renounced Nepali citizenship,
- proof of foreign nationality from a foreign country
- Proof of residency in a non-member country of the South Asian Regional Cooperation Organization.
- Promise to follow Nepal’s Constitution
- The Ministry will request the necessary evidence after receiving the aforementioned documents. For non-critical purposes, Nepali citizenship will be granted.
Naturalisation of sons and daughters
Approximately 600,000 sons and daughters of naturalised citizens have paved the way for their descendants to do the same. A significant amendment has now been made to grant citizenship to the father and mother’s sons and daughters who have taken citizenship by birth.
The system of granting citizenship in the name of the mother
A person born in Nepal to a Nepali citizen mother and residing in Nepal whose father is unknown will be considered a citizen of Nepal by descent.
Foreign Father – Nepali Mother
If a child of a woman married to a foreign citizen lives in Nepal and does not obtain foreign citizenship, registered citizenship can be obtained.
Citizenship will be granted to a Foreign Wife.
If a Nepali marries a foreign woman, the foreign woman must show proof that she has renounced her foreign citizenship. After submitting the evidence in this manner, she will be granted Nepali citizenship.
You can have your citizenship updated in the district where you moved.
If a person obtained citizenship first and then moved to another district, he/she can re-acquire citizenship in the district from which he migrated by submitting his/her previous citizenship.
The self-declaration clause remains in the Citizenship Amendment. This requires the woman to declare that her father is missing. A false declaration will result in punishment.
A family member must be present.
To obtain Nepali citizenship, the ward office would have recommended it first. This requires the presence of family members. It should be sent if the deadline is missed. The duration of attendance should be limited to 7 days.
It has safeguarded lGBT’s identity.
Individuals in the lGBT category who took citizenship as male and female in the same state could previously change citizenship; however, if they change their gender, they are written as other when they take citizenship.
Under the current system, Nepali citizens’ personal and biological information must be maintained.
Should you have any questions please do not hesitate to contact us.
Alpana Bhandari is a founding partner and CEO of Prime Legal Consultants and Research Center. She graduated from American University Washington College of Law. She specializes in corporate/arbitration and family law.