A Skilled Worker visa allows you to enter or remain in Nepal to work for an approved employer in an eligible job. Working Visas are only granted by the Department of Immigration (Non-Tourist Visa Section) following a recommendation from a line agency (the relevant Ministry of Government of Nepal), a Labor Permit from the Department of Labor, and a Work Memorandum of understanding. From the Ministry of Home Affairs (with a few exceptions). Applicants must go through several government agencies before applying for a visa at the Department of Immigration.
1. Posting of a job advertisement
The employer must first demonstrate that the specific skill assigned to the foreigner is unavailable in Nepal. To do so, the employer must publish a vacancy announcement in a national-level daily newspaper inviting Nepali citizens to apply.
If no applications are received from Nepali citizens following the publication of such an advertisement, or if Nepali citizens are unable to be selected because they do not meet the requirements, the employer may apply to the Department of Labor (DoL) for a work permit to employ a foreigner with the same proof.
2. Inquiry by the Department of Labor (DoL)
The application for a work permit, along with the required documents, should now be submitted to the Department of Labor.
The applications and relevant documents are then reviewed by the DoL. If necessary, the DoL may request from the Ministry of Home Affairs a letter of no objection (MoHA). If a work permit is required, it will be issued by the Department of Labor.
3. Documents needed
Foreigners applying for a work permit in Nepal must bring the following documents with them.
- Submission in the format specified
- Proof of a published advertisement for a job opening, as well as the qualifications of Nepali candidates who applied for that position.
- Personal details about the foreigner
- Passport of a foreign national
- Employer’s articles of association (AoA) or memorandum of association (MoA) (Company certificate)
- The tax clearance certificate of the employer
- A letter of no objection from the Ministry of Home Affairs; and
- A plan to replace the foreign employee with a Nepalese citizen.
- Applicants must pay a fee of Rs 15,000 if the job tenure is up to six months, and a fee of Rs 20,000 if the tenure exceeds six months.
4. Work permit period
It could take a month or more to obtain a work permit. The permit is only valid for one year and must be renewed every year.
Corporate Lawyer Nepal has been assisting Nepalese companies seeking to hire foreign labor. When hiring foreign employees in a Nepali company, the first step is to publish a vacancy in the national newspaper, followed by filing an application with the Department of Labor and proceeding from there.
f you need such legal assistance, please contact us at +977-9849517735 or firstname.lastname@example.org
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.