The Third Amendment to the Nepal Citizenship Regulations, 2063 (2006), published on 4 Ashoj 2080 (21 September 2023), has for the first time in Nepal’s history laid down a clear pathway for Non-Resident Nepalese to acquire NRN Citizenship.
The amendment gives practical effect to rights that already existed on paper. It sets out who qualifies, what has to be filed and where, and what the resulting certificate looks like.
The Amendment at a Glance
| Item | Detail |
|---|---|
| Instrument | Nepal Citizenship Regulations, 2063 (2006), as amended by the Third Amendment, 2080 (2023) |
| Published | 4 Ashoj 2080 (21 September 2023), Nepal Gazette Part 3, Volume 73, Number 28 |
| Enabling provision in the Act | Section 7A, inserted after Section 7 of the Nepal Citizenship Act, 2063 (2006) by the First Amendment to the Nepal Citizenship Act, 2079 (2023) |
| Enabling provision in the Regulations | Rule 8A, inserted after Rule 8 |
| Constitutional basis | Article 14 of the Constitution of Nepal |
| Certificate format | Schedule Nga, reproduced as Annexure A |
The briefing refers to the provision inserted into the Regulations as Section 8A; in the Regulations themselves, and on the certificate, it appears as Rule 8A (नियम ८क).
The Constitutional Basis
Article 14 of the Constitution of Nepal guarantees economic, social and cultural rights to Non-Resident Nepalese. Until this amendment, there was no mechanism through which those rights could actually be exercised. The new provision brings applicability and feasibility to a guarantee that had been largely declaratory.
Who Qualifies
An applicant has to establish an ancestral link to Nepal, and a present nationality outside the region.
- The applicant’s father, mother, grandfather or grandmother was at some point a citizen of Nepal.
- That ancestor later acquired the citizenship of a foreign country which is not a member of the South Asian Association for Regional Co-operation (SAARC).
Applicants meeting these conditions can enjoy their economic, social and cultural rights through NRN Citizenship, under Section 7A of the Citizenship Act, 2063 (2006).
Where to Apply
Under Rule 8A, an application may be submitted to any of the following:
- The Chief District Officer of the District Administration Office that issued the citizenship of the applicant’s ancestor.
- The Embassy in the applicant’s country, where that country falls within its scope.
- The Consulate General.
Documents Required
| No. | Document |
|---|---|
| 1 | Proof that the applicant’s father, mother, grandfather or grandmother was a Nepali citizen in the past. |
| 2 | Where the applicant previously held Nepali citizenship, proof of having relinquished it. |
| 3 | Proof of citizenship of the foreign country. |
| 4 | Proof of residence in a foreign country, other than a SAARC member country. |
| 5 | A copy of the applicant’s current passport, held as a citizen of that foreign country. |
| 6 | A commitment letter undertaking to abide by the Constitution and prevailing laws of Nepal. |
Verification, Oath and Electronic Filing
| Requirement | Provision |
|---|---|
| A relative of the applicant, or a person who can identify the applicant and who is a Nepali citizen, must appear in person for verification before the Chief District Officer or an officer appointed by them. | Rule 8A(2) |
| The applicant must take an oath of loyalty to the Constitution and the prevailing laws of Nepal as a Non-Residential Nepali citizen. | Rule 8A(7) |
| Applications and documents may be submitted through an electronic medium prescribed by the Ministry of Home Affairs. | Rule 8A(8) |
| A successful applicant receives the certificate in the format attached as Annexure A. | Rule 8A(4) |
The Certificate
The prescribed format is Schedule Nga, headed गैरआवासीय नेपाली नागरिकताको प्रमाणपत्र (Certificate of Non-Residential Nepali Citizenship) and issued by the District Administration Office under the Ministry of Home Affairs.
The certificate carries the holder’s photograph and records their name, sex, date and place of birth, the number of their foreign citizenship, their address in Nepal, and their parents’ details. The same particulars are repeated in an English block on the lower half of the form, which states that the certificate has been issued in accordance with the Nepal Citizenship Act.
What It Means for Investment
The amendment opens a gateway for Non-Resident Nepalese to invest directly in businesses in Nepal through their newly acquired citizenship. As the briefing notes, this was not yet in practice at the time of publication, but the legal basis is now in place.
Speak to Our Team
If you are considering an NRN Citizenship application, or want to understand how it affects your ability to invest or hold assets in Nepal, get in touch, or read more about our regulatory and transactional advisory services and our foreign investment and incorporation practice. Our related commentary covers company registration in Nepal and setting up and running a company.
This summary is general information, not legal advice. It reflects the Regulations as amended on 4 Ashoj 2080, and its application depends on your circumstances, so take advice on the facts before acting.
Read the Original Briefing
The full briefing, including the reproduction of Annexure A, is set out below and available to download.