Nepal citizenship law

From Wikipedia, the free 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 2006 was recently enacted. It makes further provisions for acquisition and termination of Nepali citizenship and related matters.

1 Citizenship by virtue of Nepali descent or blood
2 Citizenship by Birth
3 Citizenship by Naturalisation
4 Nepal citizenship certificates
5 Relinquishment & Restoration of Nepali citizenship
6 Automatic Termination of Nepali citizenship
7 Citizenship clarifications issued by the Nepali Authorities
8 Persons of Nepalese origin born in Hong Kong before 30 June 1976
9 British Government Consular Statements
10 Letter of Baroness Scotland to Lord Avebury dated 6 December 2006
11 External links

[edit] Citizenship by virtue of Nepali descent or blood

Nepalese citizenship is based on the principles of jus sanguinis 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.

[edit] Citizenship by Birth

Prior to 26 November 2006, there was no provision for acquisition of Nepalese citizenship by birth in Nepal. Under the new 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 ownership certificates or house ownership certificates or their registration number in voters' lists to obtain citizenship.

[edit] Citizenship by Naturalisation

Any foreign national of full age and capacity may submit an application to obtain Nepali citizenship if:

He can speak and write in the national language 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 Nepal for the past two years with the intention of residing in Nepal permanently; and
He is virtuous, of good conduct and character.

[edit] 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. Persons under sixteen are not formally considered citizens of Nepal, until after reaching sixteen years of age and applying for and being granted a certificate. 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 certificate, 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 becomes invalid or void.

[edit] Relinquishment & Restoration of Nepali citizenship

Relinquishment is covered in Section 8 of the Nepal Citizenship Act 1964. 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 6B 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 8A of the Nepal Citizenship Act 1964 provides that if a woman who is a Nepali citizen marries a foreigner and, by virtue of such marriage, acquires the citizenship of the country of her husband, but later relinquishes the citizenship of such country by reason of divorce from or death of her husband, returns to and resettles in Nepal, and gives a notice to that effect to the prescribed authority, the authority shall register such notice, and the Nepali citizenship of such woman shall be deemed to have been restored from the date of registration of such notice.

[edit] 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 9 of the Nepal Citizenship Act 1964.

Section 9(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 9(2) 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 twenty one years of age. If he fails to do so, his claim to Nepalese citizenship shall automatically lapse on his twenty first birthday.

[edit] Citizenship clarifications issued by the Nepali Authorities

Clarification from Office of the Prime Minister and Council of Ministers of Nepal

On 26 October 2005, the British Government placed in the Library of the House of Lords, a clarification issued by the Office of the Prime Minister and Council of Ministers of Nepal on the status of British Nationals (Overseas) of Nepali ethnic origin from Hong Kong.

Under British law, no person could become a British National (Overseas) automatically by being born in Hong Kong, by descent or by any involuntary means - a Hong Kong born person was required to make an application on the prescribed form to the British authorities, and applicants only became a British National (Overseas) when their application was approved and duly registered under the authority of the Home Secretary. Acquisition of British National (Overseas) status was therefore never automatic or involuntary – by making an application for registration, acquisition of the status had to be a conscious act. To make it involuntary or automatic would have been contrary to the assurances given to the Chinese government which led to the words "eligible to" being used in paragraph (a) of the United Kingdom Memorandum to the Sino-British Joint Declaration.

Accordingly, the clarification of the Nepalese authorities states that a British National (Overseas) passport holder of any age is not capable of meeting the legal requirements to be a citizen of Nepal.

On 14 July 2006, the Ministry of Foreign Affairs of the Government of Nepal issued a Note Verbale to the British Embassy in Kathmandu, explaining the certain provisions of Nepalese citizenship law. The Note Verbale was placed in Library of the House of Lords on 6 October 2006.

Page 1 of Note Verbale from Ministry of Foreign Affairs of the Government of Nepal

Page 2 of Note Verbale from Ministry of Foreign Affairs of the Government of Nepal

[edit] 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 Kong 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.

[edit] British Government Consular Statements

In July 2005, the British Home Office 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.

[edit] Letter of Baroness Scotland to Lord Avebury dated 6 December 2006

As a result of representations made by Lord Avebury 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: