Laws & Authorities Governing Immigration Law in Nepal

The Department of Immigration (DOI) is responsible for executing Nepal’s immigration laws and managing foreign nationals’ entry, exit, and stay. It is established under the Ministry of Home Affairs and is guided by the Immigration Act, 2049, Immigration Regulation, 2051, and Immigration Procedure, 2065. DOI administers functions at its office in Kathmandu and twelve entry and exit points, including TIA and Gautam Buddha International Airport. Tourist visas are issued at entry and exit points, with non-tourist visas issued only from the DOI office in Kathmandu.

Tourism Visa Process in Nepal

The tourist visa shall be granted to foreign tourists visiting Nepal.
The tourist visa shall be granted for a maximum period of five months in a visa year.
A tourist who has departed prior to the expiry of the period specified in the visa issued in a visa year shall not be allowed to use the visa by adding the remaining period to another visa year.
If any foreigner who enters Nepal towards the end of a visa year desires to spend even the period during which he or she may stay in Nepal with the tourist visa in the other visa year, he or she may use such a facility.

The Tourist visa shall be granted, regulated, and renewed in the following ways:

The mission or the Immigration Office at the entry point is responsible for issuing entry visas for durations of fifteen days, thirty days, and ninety days within a visa year.
The Director General is responsible for extending the visa term and regulating the visas of foreigners who have already entered Nepal. However, if the departure is within one hundred fifty days, the Immigration Officer may regularize the visa for a maximum period of fifteen days at the departure point.

Non Tourist Visa Process in Nepal

The non-tourist visa shall be granted to the following foreigners and their family members:

Foreigners involved in social or economic development activities approved and financed by the Government of Nepal or foreign-friendly nations.
Foreigners recommended by the Ministry of Foreign Affairs to work for organizations run by foreign missions in Nepal.
Foreign representatives recommended by the Ministry of Information and Communications to work for foreign newspapers and news agencies.
Foreigners recommended by the relevant ministry to serve as attendants for individuals holding diplomatic or official visas.
Foreigners permitted by the Government of Nepal to work for compensation in firms, companies, associations, industries, or enterprises within Nepal.
Foreigners recommended by the concerned ministry to work for international air organizations in Nepal.
foreign importers visiting Nepal from third countries recommended by foreign governmental agencies, federation of commerce and industries, or chambers of commerce of foreign countries.
Foreigners married to Nepali citizens and providing a marriage registration certificate.
Foreigners coming to Nepal for work based on agreements at the governmental or non-governmental level, recommended by the concerned ministry.
Foreigners recommended by the concerned ministry to conduct feasibility studies for industries or enterprises for a period not exceeding six months. They must provide documentation regarding the source of investment, investor qualifications, and relevant experience.
Group leaders of foreigners applying for tourist group tours in Nepal, accompanied by a recommendation from the concerned ministry.
Foreigners recommended by the concerned ministry to work for non-governmental organizations based on agreements with the Social Welfare Council or the concerned ministry.
Foreigners considered suitable by the Government of Nepal.

The Non-tourist visa shall be issued for a period not exceeding one year at a time, and its term may be extended as per necessity.
- The Non-tourist visa shall b qe granted, regulated, and renewed in the following ways:
  1. For foreigners mentioned in clause (g) of Rule 8, the responsible authority is the Nepalese embassy, permanent Nepalese diplomatic mission abroad, or the Director General.
  2. In the case of foreigners as referred to in clause (l) of Rule 8 of Immigration Rule 2051, the Director General with the approval of the Government of Nepal.
  3. In the case of foreigners as referred to in the other clauses of Rule 8 of Immigration Rule 2051, the Director General.

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How to Obtain Business Visa in Nepal?

The business visa shall be granted to the following foreigners and their families on the recommendation of the concerned agency:

Foreigners having obtained a license to make an investment in any business or industrial enterprise within Nepal or authorized representatives of such business or industrial enterprise.
Foreigners having obtained a license to invest to carry on export trade from Nepal.
Foreigners visiting Nepal from a third country who export goods manufactured in Nepal through purchase or who place a purchase order for export.

The Business visa shall be granted, regulated, and renewed by The Director General.

Procedure for Obtaining Business Visa in Nepal:

Business visa for investment up to 20 million rupees: Initially 6 months, extendable based on progress.
Visa must be used only for the intended business purpose.
Dependent family members restricted to business and volunteer service.
Business visa for investments above 20 million rupees: 1 year initially, extendable up to 5 years based on progress.
Business visa validity not affected by passport validity; transferable to new passport with fee.

Documents required for Business visa:

Online Application
Recommendation letter from the Department of Industry or concerned line agency of the Government
Bio-Data (for first-time applicants)
Foreign Investment Acceptance letter from the Department of Industry
Copy of Company Registration Certificate
Copy of PAN/VAT certificate
Copy of Share certificate
Copy of Industry Registration Certificate
Copy of Passport and the latest visa
Latest tax clearance (regular visa)
Industry Monitoring and Supervision report
Progress report of the company or industry (for renewal)
Investor’s personal details, financial source, qualification, and experience.

Procedure for Obtaining Working Visa in Nepal:

Registration of Company/organization
Publication of advertisement
Selection of Candidate
Obtaining a recommendation from the Ministry of Industry
Obtaining a recommendation from the Ministry of Home Affairs
Obtaining a recommendation from the Department of Labor
Obtaining the Visa

Documents required for Working Visa:

Recommendation letter from the concerned Government line agency
Work Permit from the Department of Labor
Work Agreement from the Ministry of Home Affairs
Appointment/contract letter
Tax clearance of hiring organization/institution/agency
Tax clearance of the applicant (for renewal) if taxes have been paid individually
General Agreement with Social Welfare Council (NGOs/INGOs)
Passport and Visa Photocopy
Online form (Working) [Link to Online Visa Application]

4) Study Visa:

Study visas are granted to foreigners and their families who have obtained approval from the Government of Nepal and come to study, teach, or conduct research in any educational institutions in Nepal.
Except for foreigners visiting Nepal under a government scholarship or accepted program, foreigners intending to study and conduct research independently can obtain a study visa based on either demonstrating a source of funds amounting to at least three thousand US dollars per year for the individual or submitting a certificate of foreign currency exchange equivalent to that amount. For their family members, the requirement is at least two thousand US dollars per year.
Study visas are granted for one year at a time. If an extension beyond one year is needed, it is based on the study and research progress report, activities, and other relevant factors. For researchers or students, the extension is granted for the duration of their research or educational degree program.
The recommendation of the Ministry concerned has to be submitted for the study visa.

The Residential visa shall be granted, regulated, and renewed by The Director General.

Documents required for study visa:

Recommendation letter from the Ministry of Education
University/College Admission Receipt (original)
Bank Statement (latest one week) with sufficient funds.
Online Application form [Link to Online Study Visa Application]
Copies of passport and latest Nepalese visa
Marriage Certificate and Birth Certificate (for those applying for their spouse and children as dependents)
Progress report Card (for renewal of Student Visa)
For Researchers applying for a student visa, the following additional documents should also be produced:
Offer/Appointment letter from Academic Institution of Nepal (e.g. – University)
General Agreement between two Academic Institutions (of Nepal and abroad)

5) Residential Visa:

The following foreigners and their families intending to spend life in Nepal shall be granted the residential visa:

Persons with international reputation,
Persons capable of rendering outstanding contributions to the economic, social, and cultural growth of Nepal,
Person who has invested a minimum of one hundred thousand US dollars or convertible foreign currency equivalent thereto in an industrial enterprise of Nepal at once.
Any foreigner intending to spend life in Nepal without carrying on any business.

The Residential visa shall be granted, regulated, and renewed for a period of first one year, the Department with the approval of the Ministry of Home Affairs, and the Department for renewal.

Procedures for obtaining a Residential Visa:

Residential visa for internationally reputed individuals: Issued based on contribution details from Nepalese mission.
Residential visa for special contribution to Nepal’s prosperity: Requires information from relevant Ministry/field and country’s mission recommendation.
Renewal of residential visa without business: Analyze yearly $20,000 social sector contribution.

Documents required for Residential visa:

A foreigner who wants to live in Nepal without doing any business:

Receipt of Online application
Bank statement of USD 20,000
Certificate having a regular income of at least USD 20,000 per year
Character Certificate
No Objection letter from the concerned country’s Embassy
Health certificate issued by TU Teaching Hospital
The evidence of completing 60 years (or) proof of retirement
Copy of valid passport and recent Nepalese visa
For renewal Expenditure Statement of USD 20,000
Nepalese Currency Equivalent to USD 700 per year, USD 1200 for renewal charge, USD 100 for persons who have been residing in Nepal before the amendment to Rules 11 (1) of Immigration Rules in 2058 B.S. (1998 AD)

The Visa for a person and his family who invest a minimum of 100 thousand USD or other equivalent currency in the Industrial Business of Nepal:

Receipt of Online application
Copy of the company registration certificate
Copy PAN/VAT certificate
Copy of the share certificate
Copy of the industry registration certificate
Recommendation from the Department of Industry or Commerce
Copy of passport and recent Nepalese visa
Tax clearance certificate for renewal

6. Non-Residential Nepalese Visa:

If any foreigner of Nepalese origin residing in a foreign country wishes to reside or conduct business, profession or study, teach in any subject in Nepal, a non-residential Nepalese visa may be issued to him and his family.

The Non-residential Nepalese visa shall be granted, regulated, and renewed for the first time, the mission or the Director General, with the approval of the Ministry of Home Affairs, and the Department for renewal. However, the Department on the recommendation of the Department of Industries, in the case of the foreign investors as referred to in clause (d) of sub-rule (1) of Rule 11, and their dependent family members.

7. Diplomatic Visa:

Diplomatic visas are issued to individuals holding a diplomatic passport recommended by the concerned foreign diplomatic mission or considered eligible for diplomatic privileges by the Government of Nepal, including their family members.
Diplomatic visas are issued based on reciprocity, and their duration can be extended as per the assignment period in Nepal.
The Official visa shall be granted, regulated, and renewed by The Ministry of Foreign Affairs, provided that the mission or the Immigration Office at the entry point may issue the diplomatic visa (as an entry visa) for a period not exceeding thirty days.

8. Official Visa:

Official visas are granted to the following individuals and their families based on the recommendation of the respective foreign diplomatic mission:

Administrative, technical, and non-diplomatic officials working in diplomatic missions, consulates, and honorary consuls of Nepal, as well as their family members visiting Nepal from foreign countries.
Consultant experts staying in Nepal under an agreement with the government.
Employees working in the Nepal-based offices of the United Nations and its agencies, as well as individuals holding laissez passes issued by the United Nations.
Employees working in international institutions or regional organizations located in Nepal.
Individuals coming to Nepal to participate in assemblies, conferences, training sessions, or meetings organized by the Government of Nepal, government undertakings, United Nations organizations, regional organizations, or other relevant agencies.

The Official visa shall be granted, regulated, and renewed by The Ministry of Foreign Affairs, provided that the mission or the Immigration Office at the entry point may issue the official visa (as an entry visa) for a period not exceeding thirty days.

9. Marriage Visa:

Foreign nationals married to Nepalese spouses (Nepalese citizens) can apply for a Marriage Visa by producing the following documents:

Marriage Registration Certificate issued by District Administration Office or District Court. If the marriage is registered abroad; a ‘Marriage Registration Certificate’ and verification letter from the concerned embassy (Original and Photocopy)
Citizenship Certificate of the Nepali spouse (Original and Photocopy)
The physical presence of the Nepali spouse
Photocopy of Passport, Latest Nepalese Visa
Online Form (Marriage Visa) [Link to Online Visa Application]

Marriage Visa is issued for a maximum of six months for the first time. It can be extended for a maximum of one year and then after.

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Disclaimer: This article is for informational purposes only and shall not be construed as legal advice, advertisement, personal communication, solicitation or inducement of any sort from the firm or any of its members. The law office shall not be liable for consequences arising out of any action undertaken by any person relying on the information provided herein.

Immigration & Visa Law in Nepal: Immigration Lawyer