Part 1 – Laws

1. Short Title and Commencement

(1) This Act may be called “Nepal Citizenship Act 2063 (2006)”.

(2) This Act shall come into force immediately.

2. Definition:

Unless the subject or context otherwise requires, in this Act:

(a) “Minor” means a person who has not attained the age of 16 years.

(b) “Person” means natural person.

(c) “Prescribed” or ” as Prescribed” means prescribed or as prescribed in the Rules made under this Act.

3. Acquisition of Nepali Citizenship by Descent:

(1) A person born at the time when his/her father or mother is a citizen of Nepal, shall be a citizen of Nepal by descent.

(2) Notwithstanding anything contained in sub-section (1), in case of a child born to a Nepali citizen woman married to a foreign citizen, sub-section (2) of Section 5 shall apply.

(3) Every child found in the territory of Nepal, whose paternity and maternity is not known shall, until the father or mother of the child is traced, be deemed a citizen of Nepal by descent.

4. Acquisition of Nepali Citizenship by Birth:

(1) Any person born before 2046 Chaitra 31, Bikram Sambat (i.e. 13, April, 1990 A.D.) within the territory of Nepal and having domiciled permanently in Nepal shall be deemed a citizen of Nepal by birth.

(2) A person desiring to obtain citizenship certificate pursuant to Sub-section (1) shall have to apply before holding of the election for Constituent Assembly and the procedure for granting of the Citizenship Certificate shall be as prescribed.

(3) In case a person, due to certain reasons, could not submit his application within the period specified in sub-section (1) may apply as prescribed within two years from the commencement of this Act.

5. Acquisition of Citizenship by Naturalization:

(1) A foreign women married to a citizen of Nepal desiring to obtain citizenship of Nepal shall have to submit an application in
the prescribed form to the designated officer. On submitting such application, she has to produce the marriage relationship document with the citizen of Nepal and also evidence to show the initiation of procedure for renunciation of own’s foreign citizenship.

(2) A child born to a Nepali female citizen from marriage with a foreign citizen in Nepal and having permanent domicile in Nepal may be granted naturalized citizenship as prescribed, provided the child has not acquired the citizenship of the foreign country on the basis of the citizenship of his/her father.

(3) A person desiring to acquire naturalized citizenship pursuant to Subsection (2) shall have to submit an application with the following documents to the designated authority:

(a) Duplicate copy of the citizenship certificate of the mother,

(b) Recommendation by concerned Municipality or Village Development Committee certifying the birth and permanent residency in Nepal,

(c) Evidence to show that foreign citizenship has not been acquired based on the citizenship of the father.

(4) The Government of Nepal may grant naturalized citizenship as prescribed to those foreign citizens, who have contributed specially for the upliftment of science, philosophy, art, literature, world peace, human welfare or Nepalese industry, finance or social development and have fulfilled the following conditions or status:

(a) who is able to read and write Nepali or any other language in practice in Nepal.

(b) who is engaged in any occupation and domiciled in Nepal.

(c) who has renounced or declared such renunciation of the citizenship of the other country.

(d) who has resided in Nepal for a minimum period of 15 years.

(e) who is a citizen of the country where there is provision of the law or practice to grant naturalized citizenship to Nepalese.

(f) who bears good moral character

(g) who is mentally fit and healthy.

(5) Whatever may have been written is Sub-section (4), from among the issues of the person, the child born to the person prior to that person having acquired citizenship by naturalization may also acquire Nepalese citizenship by naturalization as prescribed form.

(6) Any person acquiring citizenship by naturalization under this Section shall take an oath as mentioned in the schedule and awarded the Nepalese citizen certificate in the prescribed form and such person shall be naturalized citizen of Nepal from the date of receiving such certificate.