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What is Citizenship?
Citizenship in Nepal is a fundamental right enshrined in Article 10 of the Constitution of Nepal. It ensures that no individual can be deprived of the right to obtain citizenship. Nepal provides a single federal citizenship system with state identity, guaranteeing equality and access for all eligible individuals.
Types of Citizenship in Nepal
Nepal offers four distinct types of citizenship, each catering to specific circumstances:
- Citizenship by Descent: For individuals whose parents are Nepalese citizens.
- Naturalized Citizenship: For those who meet specific legal criteria for Nepalese nationality.
- Honorary Citizenship: Granted to foreign nationals for exceptional contributions to Nepal.
- NRN (Non-Resident Nepali) Citizenship: Available to non-resident Nepalese, allowing them dual citizenship rights under specific conditions.
Recent Amendments in Nepal’s Citizenship Law
Nepal has amended its citizenship regulations to streamline the process for Non-Resident Nepalis (NRNs) to obtain citizenship certificates. The process now includes:
- Step 1: Obtaining a recommendation from local-level authorities.
- Step 2: Securing a recommendation from the respective Nepalese embassy.
- Step 3: Submitting an application to the District Administration Office with required documents.
Upon approval, a dual citizenship certificate is issued to NRNs, ensuring they maintain ties to Nepal while residing abroad.
How to Obtain Citizenship in Nepal
Individuals seeking Nepalese citizenship must follow these steps:
Eligibility Criteria for Citizenship by Descent
- Must be at least 16 years old.
- Must reside in Nepal and in the district of application.
- At least one parent must hold Nepalese citizenship by descent.
Step-by-Step Process
Determine the Type of Citizenship:
Identify the category under which you qualify (e.g., by descent, naturalization).Submit an Application to the District Administration Office:
Provide required documents, including:- Birth Certificate
- Migration Certificate (if applicable)
- Proof of residence with three witnesses.
Verification and Certification:
District Administration Office officials validate the application and certify witness signatures.Issuance of Citizenship Certificate:
Once verified, a citizenship certificate is issued. Applicants must ensure their name includes a gender identity and the name of a parent.
Documents Required for Citizenship in Nepal
To apply for citizenship, you will need:
- A valid Birth Certificate
- A Migration Certificate (if applicable)
- Proof of Residence signed by three witnesses
Costs and Processing Time
The cost of citizenship varies based on the type:
- Citizenship by Descent or Birth: No specific fee is outlined.
- Naturalized Citizenship: Rs. 100 for descendants of Nepalese citizens, Rs. 500 for other foreigners.
The application process is efficient, often completed on the same day if all documents are in order. Processing typically takes 1-2 hours but may vary depending on the number of applications.
Termination of Nepalese Citizenship
Nepalese citizenship can be terminated in a few ways:
Acquiring citizenship of a foreign country
A Nepalese citizen will automatically lose their citizenship if they voluntarily acquire citizenship of a foreign country.
Acquiring citizenship of both Nepal and a foreign country at birth
A person who acquires citizenship of both Nepal and a foreign country at birth has five years to choose which citizenship to keep after turning 16. If they don't choose, their Nepali citizenship will automatically lapse.
Renouncing citizenship
A Nepalese citizen can renounce their citizenship by submitting an application to the Embassy of Nepal or Consulate General of Nepal in their country. The application must include:
- Original and photocopy of Nepali citizenship certificate
- Original and photocopy of Nepali passport
- Two copies of passport size photo
- Completed application letter
- Reasons for renouncing citizenship
- Applicant must be present in front of the Head of Mission
- Fees
The diplomatic authorities will write to the Ministry of Foreign Affairs (MoFA) within seven days of receiving the documents. The MoFA will then start the process of annulling the citizenship. The termination will take effect from the date of registration.
Penalties Related to Citizenship
Strict penalties are imposed for fraudulent activities related to citizenship:
- Obtaining Citizenship Through False Information: Up to five years of imprisonment, a fine of up to Rs. 10,000, or both.
- Providing False Recommendations: Similar penalties apply to those who provide or facilitate false information during the citizenship application process.
Conclusion
Nepal’s citizenship framework, as defined by its Constitution, ensures a transparent and equitable system. With four categories of citizenship—by Descent, Naturalization, Honorary, and NRN—the country offers options tailored to diverse circumstances.
While the process is straightforward, applicants must meet all eligibility requirements and provide authentic documentation. Whether applying for citizenship or managing dual nationality, understanding Nepal’s laws helps individuals maintain compliance and safeguard their legal status.
This article is for informational purposes only and does not constitute legal advice, advertisement, or solicitation. Notary Nepal and its team are not liable for any consequences arising from reliance on this information. For legal advice, please contact us directly.