1. Date of publication
in the Nepal Gazette : 23 d Jestha 2051 (6 June
1994)
2. Date of the first amendment: 22nd Jestha
2058 (4 June 2001)
In exercise of the powers
conferred by Section 18 of the Immigration Act,
2049 (1992) Government has framed the following
rules:
Chapter I
PRELIMINARY
1 Short title and commencement:
(1) These Rules may be cited as the "Immigration
Rules, 2051 (1994).
(2) Clause (a) (d) of serial no. 1 of Schedule
9 amended by sub-rule 14 of these regulations
and sub-rule (5) of the same rule shall be deemed
to have been commenced from the 27th Ashad,
2056 B.S. (11 July 1999) and other rules shall
come into force forthwith.
2. Definitions Unless the subject or the context
otherwise requires, in these Rules
(a) "Act" means the Immigration Act,
2049 (1992).
(b) "Tourist" means a foreigner who
spends at least one night or twenty-four hours
in the Kingdom of Nepal.
(c) "Family" means husband, wife,
father, mother, and dependent child.
(d) "Trekking area" means the area
so specified by Government that permission is
required to trek there.
(e) "Mission" means any Nepalese Embassy,
Nepalese Consulate General and Nepalese Consulate
in any foreign country, and this term includes
any organization or authority temporarily or
permanently representing Government in any foreign
country.
(f) "Agency" means a person or an
organisation licensed by Government who provides
service to the foreigners during the period
from the arrival and presence of the foreigners
to their departure, and an association making
movement of the foreigners.
(h) "Visa year", for the purpose of
these Rules, means a period from 1 January to
31 December of a year.
Chapter 2
PROVISIONS FOR RELATIONSHIP VISA
3. To grant or not to grant visa is the right
of Government :
(1) All powers to grant or not to grant visa
to any foreigner shall be vested in Government
(2) Government may allow to enter into the Kingdom
of Nepal to the citizen of any friendly country
with out visa on the basis of reciprocity.
4. Diplomatic visa:
(1) Except in cases where a special order has
been issued by Government, the diplomatic visa
shall be issued to a person holding a diplomatic
passport issued from any country and recommended
from the concerned foreign diplomatic mission
for the diplomatic visa, to a person considered
fit to be granted diplomatic privileges by Government
and the family members of such person holding
the diplomatic passport.
(2) The diplomatic visa shall be issued on the
basis of reciprocity; the term thereof may be
extended at a time or from time to time for
the term of the assignment in the Kingdom of
Nepal.
(3) An application for the diplomatic visa has
to be made in the format as referred to in Schedule
1.
Provided, however that the application as referred
to in Schedule 1 is not required to be submitted
if request or recommendation, accompanied by
the details, is made by a foreign diplomatic
mission or a body authorised therefore.
5. Official visa:
(1) The official visa shall be granted to the
persons considered fit by Government and their
family and to the following foreigners and their
family upon recommendation of the concerned
foreign diplomatic mission:
(a) Administrative, technical and non diplomatic
officials serving in a residential or non residential
diplomatic mission, Consulate for Nepal and
incumbent Nepalese honorary Consul Generals,
Consuls and their family who visit Nepal from
a foreign country,
(b) Consultant experts who stay in Nepal under
an agreement with Government,
(c) Employees serving in the Nepal based offices
of the United Nations or its agencies and the
persons holding the laissez passez granted by
the United Nations,
(d) Employees serving in the international institutions
or regional organisations located in Nepal.
(e) Persons to come to participate in assembly,
conference, training or meeting organized by
Government or Government's undertaking agency
or United Nations Organizations or Regional
Organization or other agencies there under.
(2) An application for the official visa has
to be submitted in the format as referred to
in Schedule 1.
Provided, however that the application as referred
to in Schedule 1 is not required to be submitted
if request or recommendation, accompanied with
the details, is made by a foreign diplomatic
mission or a body authorised therefore.
6. Tourist visa:
(1) The foreign tourist visiting Nepal shall
be granted the tourist visa.
(2) The tourist visa shall be granted for a
period in maximum of five months in a visa year.
(3) A tourist who has departed before 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.
(4) If any foreigner who has entered into Nepal
towards the end of a visa year desires to spend
even the period during which he may stay in
Nepal with the tourist visa of the other visa
year, he may use such facility.
Provided, however, that the computation of the
fees for such period shall be made on the basis
of the total period of his stay.
(5) An application for the tourist visa has
to be submitted in the format as referred to
in Schedule 1.
7. Study visa:
(1) The study visa shall be granted to the foreigners
and their family who, having obtained the approval
of Government, come to study, teach or conduct
research in any educational institute in the
Kingdom of Nepal.
(2) Except for the foreigners who visit Nepal
under the award of scholarship by Government
or the accepted programme of Government, the
foreigners intending to study and conduct research
at their own will shall be granted the study
visa only on the basis of the authentic source,
in the case of the foreigner, to make expenses
of at least three thousand American Dollars,
grossly or on a monthly instalment basis, per
annum during their stay in Nepal, and in the
case of their family, that of at least two thousand
American Dollars per annum, or on the basis
of the submission of a certificate of the exchange
of foreign currency equivalent thereto.
(3) The study visa shall be granted for one
year at a time. In cases the visa has to be
granted for a period in excess thereof, the
term of the visa may be extended by taking into
consideration of the study and research progress
report of such person, his activities as well
as other necessary matters.
Provided, however, that in the case of a researcher
or student, such extension of the term shall
be only for up to the period of research or
that of educational degree under study.
(4) The recommendation of the Ministry of concerned
has to be submitted for the study visa.
(5) An application for the study visa has to
be submitted in the format as referred to in
Schedule -2.
8. Non-tourist visa:
(1) The following foreigners and their family
members shall be granted the non-tourist visa.
(a) Foreigners involved in the social and economic
development works approved by Government, under
the expenses to be borne by governmental institutions
of the foreign friendly nations;
(b) Foreigners having obtained recommendation
from the Ministry of Foreign Affairs to work
in the institutions run by the foreign missions
located in Nepal,
(c) Foreign representatives having obtained
recommendation from the Ministry of Information
and Communications to work in foreign newspapers
and news agencies,
(d) Foreigners having obtained recommendation
from the concerned Ministry to act as helpers
of the foreigners having obtained diplomatic
or official visas,
(e) Foreigners having obtained approval from
Government to work on remuneration basis in
any firm, company, association, industry or
enterprise within the Kingdom of Nepal,
(f) Foreigners having obtained recommendation
from the Ministry concerned to work in any international
airlines organisation located in the Kingdom
of Nepal,
(g) If any foreign passport holder upspring
of Nepalese parents or foreigner of Nepalese
origin has to come to visit any relatives in
Nepal,
(h) Foreigners who have marital relation with
the citizens of Nepal and furnish the marriage
registration certificate,
(i) Foreigners who come to Nepal to work, on
the recommendation of the concerned Ministry
pursuant to an agreement or understanding agreed
upon at governmental or non governmental level,
(j) Foreigners having obtained recommendation
of the concerned Ministry to conduct feasibility
study of an industry or enterprise for a period
not exceeding 6 months.
(k) Group leader of the foreigners making application,
accompanied by the recommendation of the Ministry
of concerned, for making the tourists' tour
in group in Nepal,
(k1) Foreigners who have obtained recommendation
of the concerned Ministry and who have to come
to work in Non-governmental organization as
per the agreement concluded with Social Welfare
Council or concerned Ministry.
(l) Such foreigners as may be thought fit by
Government.
(2) 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.
(3) The amount of expenses to be incurred by
a foreigner intending to obtain the non tourist
visa during his stay in Nepal and the authentic
source thereof shall be as prescribed by Government
by a notification published in the Nepal Gazette.
(4) An application has to be submitted in the
format as referred to in Schedule 2 to obtain
the non tourist visa.
Provided, however, that the foreigners referred
to in cause (h) of sub rule (1) are required
to submit an application in the format as referred
to in Schedule 2 (a).
9. Business visa:
(1) The business visa shall be granted to the
following foreigners and their family on the
recommendation of concerned agency:
(a) Foreigners having obtained license to make
investment in any business or industrial enterprise
within the Kingdom of Nepal or authorised representatives
of such business or industrial enterprise.
(b) Foreigners having obtained license to invest
to carry on export trade from the Kingdom of
Nepal.
(2) Except as otherwise provided for in these
Rules, the business visa shall be issued for
a period not exceeding five years at a time;
and its term may be extended as per necessity.
(3) Application for the business visa has to
be submitted in the format as referred to in
Schedule 2.
10. Transit visa:
(1) The transit visa shall be issued from the
Airport for forty eight hours to any foreigner
whose air ticket is confirmed and who has entered
into the Kingdom of Nepal on the way to another
country.
(2) The visa, generally for a period of one
week, shall be issued to any foreigner who has
departed from the Kingdom of Nepal and whose
entry has been rejected and who has been sent
back by any country to Nepal or to any foreigner
travelling in an aircraft having landed in Nepal
casually due to any reason.
(3) An application for the transit visa has
to be submitted in the format as referred to
in Schedule 3.
11. Residential visa:
(1) The following foreigners and their family
intending to spend life in the Kingdom of Nepal
shall be granted the residential visa:
(a) Persons with international reputation,
(b) Persons capable of rendering outstanding
contribution to the economic, social and cultural
growth of the Kingdom of Nepal,
(c) Persons who have renounced the citizenship
of Nepal, and hold foreign passport with or
without having obtained foreign citizenship
and intend to settle down in Nepal,
(d) Person, who has invested minimum one hundred
thousand US dollars or convertible foreign currency
equivalent thereto in industrial enterprise
of Nepal at once.
(e) Any foreigner intending to spend life in
the Kingdom of Nepal without carrying on any
business.
(2) The mission recommending for residential
visa to the foreigner as mentioned in other
clauses save the foreigner as mentioned in clause
(d) of sub-rule (1) shall send the recommendation
along with the application filled up by such
foreigner to the Department through the Ministry
of Foreign Affairs.
(3) Any foreigner intending to obtain the residential
visa under clause (e) of sub rule (1) has to
submit a certificate showing that he will spend
or has spent in Nepal at least 20 thousand American
Dollars at one time or at several times per
year.
(4) Any foreigner intending to obtain the residential
visa has to submit to the Department or the
concerned mission an application in the format
as referred to in Schedule 4.
(5) The format of the residential visa shall
be as referred to in Schedule 4 (a).
