Immigration law is governed by the Nepal Immigration Act – 2049(1992), the Immigration Rules – 2051(1994), the Immigration Regulations of Nepal, and legal precedents established by the Supreme Court of Nepal, as well as the Nepal Deportation Law. Citizenship law is included in immigration law for those seeking citizenship.
It is distinct from other issues such as naturalization and citizenship. The Nepali immigration law specifies the types of visas granted to foreigners, as well as the procedures for deporting foreigners who are illegally residing in Nepal.
In Nepal, foreigners can obtain the following types of visas.
- Diplomatic visa: Those wishing to visit Nepal on diplomatic or official business must possess a diplomatic passport issued by any country and be recommended for a diplomatic visa by the relevant foreign diplomatic mission.
- Official visa: An official visa is granted to officials associated with administrative, technical, and non-diplomatic staff serving in a residential or non-residential diplomatic mission, consulate for Nepal, and incumbent Nepalese honorary consul generals, consuls, and their family members visiting Nepal from other countries.3.
- Tourist visa: A tourist visa is required for any foreign tourist visiting Nepal. In a visa year, a tourist visa may be issued for a maximum of 150 days.
- Study Visa: After receiving approval from the Government of Nepal, foreigners and their family members are granted a study visa to come to Nepal to study, teach, or conduct research. The study visa will be valid for one year. If the study visa must be granted for a longer period of time, the term may be extended by taking the person’s study and research progress report, activities, and other relevant factors into account.
- Non-tourist visas: Non-tourist visas are granted to foreigners who are involved in social or economic development activities approved by the Government of Nepal and funded by governmental institutions of foreign friendly nations. Foreigners who have received a recommendation from the relevant Ministry to serve as attendants to foreigners who have obtained diplomatic or official visas. Foreigners who have a marital relationship with a Nepalese citizen must apply for a non-tourist visa and provide a marriage registration certificate.
- Business visa: A business visa will be issued to anyone who has obtained a license to invest in any trade or industrial enterprise in Nepal.
- Transit Visa: Foreigners with confirmed air tickets who enter Nepal to spend the night in the course of visiting any other country via the airport in Nepal, or foreigners traveling by an aircraft that has made an emergency landing at the airport in Nepal for any reason, will be granted a transit visa for one day.
- Non-resident Nepali visa: This type of visa may be granted if a non-resident Nepalese intends to reside in, conduct trade or business in, or study, teach, or conduct research in any subject in Nepal.
- Residential visa: Foreigners and their family members from the following countries will be granted a residential visa if they intend to live in Nepal:
- Internationally renowned individuals;
- individuals capable of making outstanding contributions to Nepal’s economic, social, and cultural development; and
- individuals who invest a minimum of $100,000 USD or the equivalent in convertible foreign currency in a Nepalese industrial firm at a time.
- A foreigner who intends to live in Nepal but does not intend to conduct any business.
Related: Top Immigration Lawyers in Nepal
The Deportation Act
The expulsion of a person from Nepal is known as deportation. The term expulsion is frequently used interchangeably with deportation. According to THE IMMIGRATION ACT, 2049 (1992), the following acts will be subject to deportation or expulsion from Nepal.
- When a person is involved in criminal activities and is punished.
- Possession of a forged passport or visa
Procedure for Deportation
“Investigation of immigration-related crime,” according to Section 8 of the Immigration Act of 2049 (1992). As part of the deportation procedures, the following steps will be taken.
Selection of an investigator
- In cases involving immigration-related crimes, the Director General will appoint an Immigration Officer as an Investigation Officer and delegate authority to launch an investigation and legal proceedings.
- Gather Evidence – The investigation officer must gather evidence or proof of crime. The Immigration Officer shall have all the powers conferred on the police by the prevailing law, including the authority to arrest the person involved in the crime and search any location in connection with the crime.
- Detention for 25 days – The Immigration Officer may take the accused’s statement during the course of the investigation. The accused will be imprisoned for a period of 25 days.
- Seek advice from the Government Attorney: As soon as the investigation of the crime begins, the Immigration Officer must notify the Director General. The bail guarantee is then requested. If the accused fails to post bail or provide a guarantee, he or she may be held in custody. The Immigration Officer consults with the Government during an investigation.
- Power to expel: The Director General decides whether or not to expel a foreigner based on the report of the Immigration Officer. Expel such a foreigner from Nepal by prohibiting them from reentering the country, with or without a time limit.
Punishment: Anyone who commits or causes the crime of using a fake passport or visa faces a fine of not more than 50,000 rupees or prison sentences for not more than 5 years or both.
Recommended Reading: Obtaining a work visa in Nepal
For many years, Corporate Lawyer Nepal has assisted foreigners with business visas, student visas, and other types of visas. Similarly, our firm has represented foreign nationals who have been arrested. Our deportation lawyers will immediately provide you with all necessary legal assistance at the immigration office and the Home Ministry.
f you need such legal assistance, please contact us at +977-9849517735 or email@example.com
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.