Non-Resident Nepali (NRN) Laws in Nepal

Introduction

Nepal is home to a large community of Non-Resident Nepalis (NRNs) who contribute significantly to the country's economy through remittances and investments. As of recent statistics, NRNs have sent over $8 billion to Nepal, underlining their vital role in the nation's financial landscape. However, understanding the legal framework governing NRNs is crucial for leveraging their rights and opportunities in Nepal. This article highlights the essential rights recognized by Nepalese law for NRNs, detailing the processes for obtaining NRN status, the rights attached to it, and the legal nuances every NRN should be aware of.

Governing Laws Related to NRN

In Nepal, several laws govern the status and rights of Non-Resident Nepalis. Understanding these legal frameworks is fundamental for NRNs looking to engage with Nepal legally and effectively. The primary laws include:

1. The Constitution of Nepal - The supreme law of the land that lays the foundation for the rights of all citizens, including NRNs.
2. Non-Resident Nepali Act, 2008 and Non-Resident Nepali Regulations, 2009 - These establish the legal definition of NRNs and outline the rights and responsibilities associated with NRN status.
3. Nepal Citizenship Act, 2006 - This act delineates the laws surrounding citizenship, including provisions for NRNs.
4. Foreign Investment and Transfer of Technology Act, 2019 (FITTA) - This act governs foreign investments, including those made by NRNs, ensuring clarity and security for investors.
5. Immigration Act, 1992 and Immigration Regulations, 1994 - These laws regulate the entry and stay of foreigners in Nepal, including NRNs.

Defining Non-Resident Nepali

According to the Non-Resident Nepali Act, 2008, NRNs are defined as either:

1. Foreign Citizens of Nepalese Origin - Individuals whose ancestors were Nepali citizens at any time and who have since acquired citizenship in a foreign country (excluding SAARC member nations).
2. Nepalese Citizens Residing Abroad - Nepalis who have lived outside Nepal for more than two years and are engaged in various professions or businesses (excluding those in the SAARC region). This definition explicitly excludes individuals working in diplomatic missions or studying abroad.

Process of Receiving NRN Card

Obtaining an NRN Card is essential for foreign citizens of Nepalese origin and Nepalese citizens living abroad. The application process is straightforward but requires attention to detail.

Steps to Apply for an NRN Card:

1. Application Submission: NRNs or their families must submit their applications to either:
   • The Nepali Embassy in their current country, or
   • The Secretary of the Ministry of Foreign Affairs (MOFA) in Nepal.
2. Record Maintenance: Upon successful submission, the applicant's name will be recorded, and an NRN Card will be issued.

Required Documents for NRN Card

For Foreign Citizens of Nepalese Origin:

• A completed application form.
• Naturalization certificate from the foreign country.
• Valid passport's biographic data page.
• Nepali citizenship certificate (if applicable).
• Proof of Nepali ancestry (citizenship certificate of parents or grandparents).
• Documentation of employment or business in the foreign country.
• Recent passport-sized photos.
• Payment of application and card fees.

For Nepalese Citizens Residing Abroad:

• A completed application form.
• Nepali citizenship certificate and passport.
• Documents related to the applicant's business or employment.
• Recent passport-sized photos.
• Payment of application and card fees.

Validity of NRN Card

The NRN Card holds varying validity periods depending on the holder's status:

• Foreign Citizens of Nepalese Origin: Valid for a maximum of ten years.
• Nepalese Citizens Residing Abroad: Valid for two years, with potential extensions subject to foreign state authorities' approval.

Visa Facilities Available to NRNs

One of the most significant benefits of being an NRN is the visa facilities available. NRNs typically receive two types of visas:

1. Tourist Visa: Granted upon arrival in Nepal.
2. NRN Visa: Issued upon applying for an extension through the Department of Immigration Management (DOIM). This visa remains valid as long as the NRN Card is active, for a maximum of ten years.

Required Documents for NRN Visa

To apply for an NRN Visa, you need:

• A completed online visa application form from the DOIM website.
• Original and photocopy of the NRN ID Card.
• Latest Nepalese visa and a valid passport.

Rights of NRNs Relating to Property

One of the most compelling reasons to obtain NRN status is the ability to own property in Nepal. Here's what you need to know:

Property Acquisition

Foreign Citizens of Nepalese Origin can acquire property in Nepal in the following ways:

1. By Purchase: NRNs can purchase land with the following restrictions:
   • Kathmandu Valley: Up to 2 Ropani.
   • Municipalities in Terai District: Up to 8 Katha.
   • Other Municipalities: Up to 4 Ropani.
   • Village Development Committees in Terai: Up to 1 Bigha.
   • Other Areas: Up to 10 Ropani.

   Note: Land ceiling restrictions do not apply to NRNs who owned land while being Nepali citizens.

2. By Inheritance: NRNs can inherit ancestral property without government approval, provided they hold an NRN Card.
3. By Investment: NRNs can invest in Nepal under the FITTA, subject to approval. If investing from their property in Nepal, NRNs can avoid the lengthy FDI approval process by committing not to repatriate profits.

Foreign Investment into Nepal by NRNs

The FITTA categorizes NRN investments as “Foreign Investment,” which requires approval. An NRN can invest directly or through a foreign company in which they hold more than 50% shares. Post-investment, NRNs have the right to repatriate their investments.

However, if an NRN invests using property from Nepal and commits to not repatriating profits, they can bypass formal FDI approval.

Non-Resident Nepalese Citizenship

Recent amendments to the Nepal Citizenship Regulation have opened doors for NRNs to obtain NRN Citizenship. This citizenship grants economic, social, and cultural rights, excluding political rights.

Eligibility for NRN Citizenship

To qualify for NRN Citizenship, applicants must demonstrate:

• Residence outside SAARC member states.
• Ancestry linking them to a previous Nepali citizen.

Process of Obtaining NRN Citizenship

To apply for NRN Citizenship, NRNs or their families must submit an application to the relevant authority:

• Chief District Officer in Nepal.
• Nepalese Embassy or Consulate in their country of residence.

Required Documents for NRN Citizenship

Applicants need to provide:

• Recommendation from the local ward office.
• A letter of commitment (format provided by the CDO).
• Proof of renunciation of previous Nepali citizenship (if applicable).
• Citizenship certificate or passport from the foreign country.
• Proof of residency in the foreign country.
• Two close relatives to confirm identity at the CDO office.
• Documentation proving ancestral ties to Nepal.

Note: The CDO may involve police verification if any doubts arise regarding the applicant's information.

Conclusion

Understanding the NRN laws in Nepal empowers individuals of Nepali origin living abroad to secure their rights and opportunities within the country. Whether it's obtaining an NRN Card, investing in property, or applying for NRN citizenship, navigating these processes can lead to meaningful engagement with Nepal's vibrant landscape.

If you're an NRN or planning to become one, this knowledge is your gateway to making informed decisions that can significantly impact your connection to your roots in Nepal!