This Article provides a complete Guide for companies and individuals to obtain work visa/permits to work in Nepal including the requirements and the documents.
What is a Work Visa in Nepal?
A work visa is an official document issued by the Department of Immigration, Nepal that allows foreign nationals to legally work in Nepal. It is a type of non-tourist visa specifically granted for employment purposes. The work visa authorizes the holder to take up paid employment with a specific employer in Nepal for a defined period of time.
Is a Work Visa Compulsory in Nepal?
Yes, a work visa is compulsory for all foreign nationals who wish to work in Nepal. As per Section 3(1) of the Immigration Act 1992, no foreigner is allowed to enter into and stay in Nepal without holding a valid visa. Furthermore, Section 20(1) of the Immigration Regulation 1994 prohibits foreigners on tourist visas from engaging in any paid work. Therefore, obtaining a proper work visa is mandatory before commencing employment in Nepal.
Our Practice Area: Immigration and Visa Law
Requirements to Issue a Work Visa in Nepal
The key requirements for issuing a work visa in Nepal are:
- Recommendation letter from the concerned government ministry/department
- Work permit from the Department of Labour
- Work agreement approval from the Ministry of Home Affairs
- Valid passport with at least 6 months validity
- Completed visa application form
- Passport-sized photographs
- Appointment letter/employment contract from the employer in Nepal
- Tax clearance certificate of the employing organization
- Academic certificates and work experience documents of the applicant
- Police clearance certificate from home country
Can Companies Issue Work Visas to Any Foreigner?
No, companies cannot directly issue work visas to foreigners. Only the Department of Immigration has the authority to issue work visas. However, companies can sponsor and support work visa applications for their foreign employees by providing necessary documents like appointment letters, recommendation letters etc. The actual visa is issued by the Department of Immigration after examination of all required documents.
What Authority Provides Work Visas in Nepal?
The Department of Immigration under the Ministry of Home Affairs is the sole authority for issuing work visas in Nepal. As per Rule 12 of the Immigration Regulation 1994, the Director General of the Department of Immigration is empowered to issue and renew non-tourist visas including work visas.
How to Issue Work Visas from Nepal to Foreign Employees
The process for issuing work visas to foreign employees involves the following key steps:
- Employer applies for labor approval from Department of Labor
- Obtain recommendation from concerned government ministry
- Get work agreement approved by Ministry of Home Affairs
- Foreign employee applies for work visa at Department of Immigration
- Department of Immigration verifies documents and issues work visa
The employer initiates the process by obtaining necessary approvals. The foreign employee then applies for the actual visa with all supporting documents.
Procedure for Obtaining a Work Visa in Nepal
Step 1: Obtain Approval from the Department of Labor
Step 2: Obtain Recommendation from Ministry
Step 3: Approval of the Work Agreement
Step 4: Apply for Work Visa
Step 5: Issuance of Work Visa
Step 1: Obtain Labor Approval
The employer must first obtain labor approval from the Department of Labor. This involves submitting:
- Application form
- Company registration documents
- Tax clearance certificate
- Justification for hiring foreign worker
- Foreign worker’s CV and credentials
The Department assesses if the position can be filled by a Nepali national before granting approval.
Step 2: Get Ministry Recommendation
Next, a recommendation letter needs to be obtained from the concerned government ministry overseeing the employer’s sector. The ministry verifies the need for the foreign worker and recommends visa issuance.
Step 3: Work Agreement Approval
The employment contract or work agreement must be approved by the Ministry of Home Affairs. This ensures the terms comply with Nepal’s labor laws.
Step 4: Apply for Work Visa
The foreign employee submits the work visa application to the Department of Immigration along with:
- Completed application form
- Valid passport
- Photos
- Labor approval
- Ministry recommendation
- Approved work agreement
- Other supporting documents
Step 5: Visa Issuance
The Department of Immigration verifies all documents, conducts necessary checks and issues the work visa if everything is in order. The visa sticker is affixed to the applicant’s passport.
Documents Required to Obtain a Work Visa in Nepal
The key documents required are:
- Completed visa application form
- Valid passport with at least 6 months validity remaining
- Recent passport-sized photographs
- Labor approval from Department of Labor
- Recommendation letter from concerned ministry
- Work agreement approved by Ministry of Home Affairs
- Appointment letter/employment contract
- Academic certificates and experience letters
- Police clearance certificate from home country
- Tax clearance of employing organization
- Copy of employer’s company registration certificate
- Curriculum vitae of the applicant
Government Fees for Obtaining a Work Visa
The government fees for a work visa in Nepal are:
- Visa fee: USD 75 per month
- Single re-entry fee: Additional USD 20
- Multiple re-entry fee: Additional USD 60
These fees are payable to the Department of Immigration at the time of visa issuance.
Also Read: Immigration Law in Nepal Business Visa in Nepal
Time Taken to Obtain a Work Visa in Nepal
The entire process of obtaining a work visa usually takes 4-6 weeks. This includes:
- 1-2 weeks for labor approval
- 1 week for ministry recommendation
- 1 week for work agreement approval
- 1-2 weeks for visa processing at Department of Immigration
However, the actual time may vary depending on the completeness of documents and workload of concerned offices.
Time Validity of Work Visa
The validity period of a work visa corresponds to the duration specified in the labor approval and work agreement, up to a maximum of one year at a time. As per Rule 8(2) of the Immigration Regulation, non-tourist visas including work visas can be issued for a period not exceeding one year at a time.
Can a Work Visa be Renewed?
Yes, work visas can be renewed. The Immigration Regulation allows extension of non-tourist visas as per necessity. Work visas are typically renewed on a yearly basis, subject to continued employment and compliance with visa conditions.
Procedure for Renewing a Work Visa in Nepal
The renewal process involves:
- Submitting renewal application to Department of Immigration
- Providing updated labor approval and ministry recommendation
- Submitting tax clearance certificate
- Paying applicable visa fees
- Verification of documents by Department
- Issuance of renewed visa if approved
Documents Required for Work Visa Renewal
Key documents needed are:
- Completed visa renewal application form
- Valid passport
- Current work visa
- Updated labor approval
- Recommendation letter from concerned ministry
- Tax clearance certificate
- Appointment letter/contract extension
- Other supporting documents as required
Government Fees for Work Visa Renewal
The fees for work visa renewal are the same as for new visas:
- USD 75 per month visa fee
- USD 20 for single re-entry
- USD 60 for multiple re-entry
Time Taken for Work Visa Renewal
Work visa renewals typically take 1-2 weeks to process if all documents are in order. The Department of Immigration aims to decide on visa renewals within 7 working days as per their service standards.
Laws Governing Work Visas in Nepal
The key laws governing work visas in Nepal are:
- Immigration Act, 1992
- Immigration Regulation, 1994
- Labor Act, 2017
- Labor Rules, 2018
These laws provide the legal framework for entry, stay and work of foreigners in Nepal, including provisions related to work visas.
Also Read: Obtaining Student Visa for Nepal
Conclusion
Obtaining a work visa is mandatory for foreign nationals to legally work in Nepal. The process involves multiple steps including labor approval, ministry recommendation and visa application to the Department of Immigration. While the procedure can be time-consuming, it ensures proper regulation of foreign employment in Nepal. Strict adherence to visa rules and timely renewal are essential for foreigners working in Nepal.
FAQs
How to get a Working Visa in Nepal?
To get a working visa in Nepal, first obtain labor approval from the Department of Labor and recommendation from the concerned ministry. Then submit a visa application to the Department of Immigration along with the approved work agreement, valid passport, photos and other required documents. Pay the applicable visa fees. The Department will issue the work visa if all requirements are met.
How can companies issue Work Visas in Nepal?
Companies cannot directly issue work visas in Nepal. However, they can sponsor foreign employees by obtaining labor approval, providing appointment letters and supporting the visa application process. The actual visa is issued by the Department of Immigration based on the company’s sponsorship and other required documents submitted by the foreign employee.
What is a Work Permit in Nepal?
A work permit in Nepal is an official document issued by the Department of Labor that authorizes a foreign national to work for a specific employer. It is a prerequisite for obtaining a work visa. The work permit specifies details like the job position, employer, validity period etc. It ensures the job cannot be done by a Nepali citizen before allowing foreign workers.
How does Visa Law work in Nepal?
Nepal’s visa laws are primarily governed by the Immigration Act 1992 and Immigration Regulation 1994. These laws specify visa categories, application procedures, terms and conditions, fees etc. The Department of Immigration under the Ministry of Home Affairs is responsible for implementing visa laws. Visas are mandatory for most foreigners entering Nepal, with specific visas required for different purposes of stay.
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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.