Nepal citizenship law
Encyclopedia
The Constitution of the Kingdom of Nepal regulates provisions for Nepali citizenship in Articles 8, 9 and 10. The Nepal Citizenship Act 1964 was first promulgated on 28 February 1964 and provides for a single citizenship for the entire country. The Nepal Citizenship Act 2006Nepal Citizenship Act 2006(in Nepali) was enacted on 26 November 2006. It repeals the 1964 Act and makes further provisions for acquisition and termination of Nepali citizenship and related matters.
or bloodline. Generally, a person born of parents who are citizens of Nepal will have a claim to citizenship of Nepal on the basis of descent and every minor found in Nepal whose parents' whereabouts is not known will have a claim to citizenship of Nepal on the basis of descent until the whereabouts of the parents is known.
NB: Prior to the passage of the Nepal Citizenship Act 2006 on 26 November 2006, Nepal citizenship was transmissible only through a Nepalese father. Since passage of the new Act, a Nepalese mother can transmit her citizenship to a child, if the child is born after its passage.
certificates or house ownership certificates or their registration number in voters' lists to obtain
of full age and capacity may submit an application to obtain Nepali citizenship if:
A woman who is married to a Nepali citizen may submit an application to become a citizen of Nepal. She shall enclose along with such application evidence of her marriage to a Nepali national, and of having initiated action to relinquish her foreign citizenship.
Any person who is the son, daughter or descendant of any Nepali national may apply to obtain the citizenship of Nepal if:
, the certificate attesting one's lineage, the recommendation of the Village Development Committee or Municipality concerned, the land-ownership certificate in one's name, father's name or mother's name, or the receipt of the house tax.
There is a total prohibition on dual nationality
in Nepal. To lawfully be issued a citizenship certificate, a person must have no other allegiances. If a Nepal citizenship certificate holder, at any time, possesses any other nationality or citizenship the Nepal citizenship certificate issued to him automatically becomes invalid or void.
Section 11 of the Nepal Citizenship Act provides for any person who has relinquished the citizenship of Nepal and desires to again become a citizen of Nepal to reacquire Nepali citizenship. The person must submit an application, along with evidence of his having been a citizen of Nepal previously, and also of having relinquished any foreign citizenships he has held.
Section 10(1) of the act provides that the Nepalese citizenship of "any" Nepalese citizen shall automatically lapse on his acquiring the citizenship of any foreign country. Any citizen of Nepal who by naturalization, registration or by any other act acquires a foreign nationality, immediately ceases to be a citizen of Nepal irrespective of whether they are an adult or minor.
Section 10(4) of the act provides that any Nepalese person who by birth is deemed a citizen of a foreign country and has a claim to citizenship of Nepal jus sanguinis (by blood) must choose a citizenship between sixteen and eighteen years of age. If he fails to do so, his claim to Nepalese citizenship shall automatically lapse on his eighteenth birthday.
who failed to renounce their British nationality before the age of 21 and were previously thought to be citizens of Nepal are in fact solely British. The British Government
has recently accepted that certain Nepalese passport holders born in Hong Kong before 30 June 1976 are British Overseas citizens, and can register for full British citizenship
(with right of abode
in the UK) if they wish to do so.
authorities accepted that "“it is clear from Section 9(2) of the Nepalese Citizenship Act 1964 that anyone who is a dual Nepalese citizen by birth will automatically loose their Nepali citizenship when they reach the age of 21 if they have not renounced their other citizenship. Therefore it would be sufficient for our purposes for an applicant to provide evidence that they are over 21 and hold British status." The British Consulate-General Hong Kong website has been updated to reflect that Nepalese persons in this category are British Overseas citizens and can register as British citizens.
British authorities have also confirmed that anyone wishing to obtain a letter stating that they held British nationality on 4 February 1997 and 30 June 1997 can obtain one by applying to British Consulate in Hong Kong.
Below is a sample of such a letter, which has been issued to a person of Nepalese origin in Hong Kong.
regarding the rights to British nationality of persons of Nepalese origin born in Hong Kong before the handover, on 22 November 2006 a meeting took place between representatives of the Nepalese and British Governments to discuss aspects of Nepalese nationality law
. Representatives from the Nepalese Ministries of Foreign and Home Affairs, the Nationality Directorate of the Home Office, the Consular Directorate of the Foreign & Commonwealth Office, and the Consular Section at the British Embassy in Nepal attended the meeting.
On 6 December, Baroness Scotland
of Asthal QC wrote to Lord Avebury regarding the outcome of this meeting:
Citizenship by virtue of Nepali descent or blood
Nepalese citizenship is based on the principles of jus sanguinisJus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
or bloodline. Generally, a person born of parents who are citizens of Nepal will have a claim to citizenship of Nepal on the basis of descent and every minor found in Nepal whose parents' whereabouts is not known will have a claim to citizenship of Nepal on the basis of descent until the whereabouts of the parents is known.
NB: Prior to the passage of the Nepal Citizenship Act 2006 on 26 November 2006, Nepal citizenship was transmissible only through a Nepalese father. Since passage of the new Act, a Nepalese mother can transmit her citizenship to a child, if the child is born after its passage.
Citizenship by Birth
Prior to 26 November 2006, there was no provision for acquisition of Nepalese citizenship by virtue of birth in Nepal. Under the Nepal Citizenship Act 2006, a person who was born in Nepal before mid-April 1990, has permanent domicile and been continuously resident in Nepal throughout his life can apply to acquire citizenship of Nepal on the basis of birth. Such persons will have to submit either land ownershipLanded property
Landed property or landed estates is a real estate term that usually refers to a property that generates income for the owner without the owner having to do the actual work of the estate. In Europe, agrarian landed property typically consisted of a manor, several tenant farms, and some privileged...
certificates or house ownership certificates or their registration number in voters' lists to obtain
Citizenship by Naturalisation
Any foreign nationalForeign national
Foreign national is a term used to describe a person who is not a citizen of the host country in which he or she is residing or temporarily sojourning. In Canada, a foreign national is defined as someone who is not a Canadian citizen nor a permanent resident of Canada...
of full age and capacity may submit an application to obtain Nepali citizenship if:
- He can speak and write in the national languageNational languageA national language is a language which has some connection—de facto or de jure—with a people and perhaps by extension the territory they occupy. The term is used variously. A national language may for instance represent the national identity of a nation or country...
of Nepali. - He is engaged in any occupation in Nepal.
- He has relinquished his citizenship of another state.
- He has resided in Nepal for at least 15 years.
- He is a citizen of a country where there is legal provision or a custom to provide naturalized citizenship to Nepali nationals: and
- He is of good conduct and character.
A woman who is married to a Nepali citizen may submit an application to become a citizen of Nepal. She shall enclose along with such application evidence of her marriage to a Nepali national, and of having initiated action to relinquish her foreign citizenship.
Any person who is the son, daughter or descendant of any Nepali national may apply to obtain the citizenship of Nepal if:
- He can speak and write in the national language of Nepal;
- He has relinquished the citizenship of another state;
- He has been residing in the kingdom of NepalNepalNepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
for the past two years with the intention of residing in Nepal permanently; and - He is virtuous, of good conduct and character.
Nepal citizenship certificates
In Nepal, a Citizenship certificate (the legal paper denoting citizenship) is issued only to persons who have attained the age of sixteen. A person who is more than 16 years old and who wants to acquire citizenship certificate on the basis of birth or descent is required to apply for the same by including with the application the Nepali citizenship certificate of one's father, mother or the close relative in his lineage, one's birth certificateBirth certificate
A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth...
, the certificate attesting one's lineage, the recommendation of the Village Development Committee or Municipality concerned, the land-ownership certificate in one's name, father's name or mother's name, or the receipt of the house tax.
There is a total prohibition on dual nationality
Multiple citizenship
Multiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...
in Nepal. To lawfully be issued a citizenship certificate, a person must have no other allegiances. If a Nepal citizenship certificate holder, at any time, possesses any other nationality or citizenship the Nepal citizenship certificate issued to him automatically becomes invalid or void.
Relinquishment & Restoration of Nepali citizenship
Relinquishment is covered in Section 10 of the Nepal Citizenship Act 2006. If any Nepali citizen notifies the prescribed authority, in the prescribed manner of his decision to relinquish Nepali citizenship, the prescribed authority may register such notice, and his Nepali citizenship shall cease to exist with effect from the date of such recording.Section 11 of the Nepal Citizenship Act provides for any person who has relinquished the citizenship of Nepal and desires to again become a citizen of Nepal to reacquire Nepali citizenship. The person must submit an application, along with evidence of his having been a citizen of Nepal previously, and also of having relinquished any foreign citizenships he has held.
Automatic Termination of Nepali citizenship
Dual nationality is not permitted under Nepal law. Nepalese authorities have confirmed, as recently as November 2006, that "there is a total prohibition on dual nationality in Nepal". Termination is covered in Section 10 of the Nepal Citizenship Act 2006.Section 10(1) of the act provides that the Nepalese citizenship of "any" Nepalese citizen shall automatically lapse on his acquiring the citizenship of any foreign country. Any citizen of Nepal who by naturalization, registration or by any other act acquires a foreign nationality, immediately ceases to be a citizen of Nepal irrespective of whether they are an adult or minor.
Section 10(4) of the act provides that any Nepalese person who by birth is deemed a citizen of a foreign country and has a claim to citizenship of Nepal jus sanguinis (by blood) must choose a citizenship between sixteen and eighteen years of age. If he fails to do so, his claim to Nepalese citizenship shall automatically lapse on his eighteenth birthday.
Persons of Nepalese origin born in Hong Kong before 30 June 1976
Recent clarification of Nepalese Citizenship law has meant a number of persons born in Hong KongHong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
who failed to renounce their British nationality before the age of 21 and were previously thought to be citizens of Nepal are in fact solely British. The British Government
Politics of the United Kingdom
The politics of the United Kingdom takes place within the framework of a constitutional monarchy, in which the Monarch is the head of state and the Prime Minister of the United Kingdom is the head of government...
has recently accepted that certain Nepalese passport holders born in Hong Kong before 30 June 1976 are British Overseas citizens, and can register for full British citizenship
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
(with right of abode
Right of abode
The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction....
in the UK) if they wish to do so.
British Government Consular Statements
In July 2005, the British Home OfficeHome Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
authorities accepted that "“it is clear from Section 9(2) of the Nepalese Citizenship Act 1964 that anyone who is a dual Nepalese citizen by birth will automatically loose their Nepali citizenship when they reach the age of 21 if they have not renounced their other citizenship. Therefore it would be sufficient for our purposes for an applicant to provide evidence that they are over 21 and hold British status." The British Consulate-General Hong Kong website has been updated to reflect that Nepalese persons in this category are British Overseas citizens and can register as British citizens.
British authorities have also confirmed that anyone wishing to obtain a letter stating that they held British nationality on 4 February 1997 and 30 June 1997 can obtain one by applying to British Consulate in Hong Kong.
Below is a sample of such a letter, which has been issued to a person of Nepalese origin in Hong Kong.
Letter of Baroness Scotland to Lord Avebury dated 6 December 2006
As a result of representations made by Lord AveburyBaron Avebury
Baron Avebury, of Avebury in the County of Wiltshire, is a title in the Peerage of the United Kingdom. It was created in 1900 for the banker, politician and archaeologist Sir John Lubbock, 4th Baronet. He was succeeded by his eldest son, the second Baron. On his death the titles passed to his...
regarding the rights to British nationality of persons of Nepalese origin born in Hong Kong before the handover, on 22 November 2006 a meeting took place between representatives of the Nepalese and British Governments to discuss aspects of Nepalese nationality law
Nationality law
Nationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are acquired, transmitted, or lost. By custom, a state has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory...
. Representatives from the Nepalese Ministries of Foreign and Home Affairs, the Nationality Directorate of the Home Office, the Consular Directorate of the Foreign & Commonwealth Office, and the Consular Section at the British Embassy in Nepal attended the meeting.
On 6 December, Baroness Scotland
Patricia Scotland, Baroness Scotland of Asthal
Patricia Janet, Baroness Scotland of Asthal, PC, QC is a British barrister, and served in many ministerial positions within the UK Government, most notably as the Attorney General for England and Wales and Advocate General for Northern Ireland.-Early life and career:Baroness Scotland was born in...
of Asthal QC wrote to Lord Avebury regarding the outcome of this meeting:
External links
- Constitution of the Kingdom of Nepal
- Nepal Citizenship Act 1964
- Nepal Citizenship Act 2006
- Womens’ rights to Nepalese nationality
- Nepal women's rights law hailed, BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
31 May 2006 - Nepal HoR endorses ‘historic’ proposal on women rights
- Nepal Citizenship Act 2006 is passed on 26 November 2006 - Xinhua