Introduction

Non-Resident Nepali citizenship, also known as NRN citizenship, is a legal provision under Nepal’s Constitution and the Nepal Citizenship Act 2006, designed to connect individuals of Nepali origin living abroad with their homeland. This citizenship program grants economic rights, social rights, and cultural rights, enabling NRNs to contribute to Nepal’s development through investment opportunities, knowledge transfer, and cultural engagement. However, political rights like voting or holding public office are excluded. This comprehensive guide details the eligibility criteria, application process, required documents, benefits, and challenges of obtaining NRN citizenship in Nepal.

1. Understanding NRN Citizenship and Eligibility

Definition of NRN

According to the Non-Resident Nepali Act 2008, an NRN is defined as:

• Foreign citizens of Nepali origin: Individuals who, or whose parents, grandparents, or great-grandparents, were once Nepali citizens and have acquired foreign citizenship outside the South Asian Association for Regional Cooperation (SAARC) region. Citizens of SAARC countries (e.g., India, Pakistan, Bangladesh) are not eligible for NRN citizenship.
• Nepali citizens residing abroad: Nepali citizens who have lived abroad for at least two years for professional purposes, business, or employment, excluding those in SAARC countries, students studying abroad, or individuals employed in Nepali diplomatic missions.

Eligibility Criteria

To qualify for NRN citizenship, an individual must:

• Have been a Nepali citizen previously and acquired foreign citizenship (outside SAARC countries), or
• Have parents, grandparents, or great-grandparents who were Nepali citizens, and the applicant holds foreign citizenship (outside SAARC countries).

2. Legal Framework Governing NRN Citizenship

NRN citizenship is regulated by:

• Article 14 of the Constitution of Nepal 2015: Provides for NRN citizenship, granting economic, social, and cultural rights as per federal law.
• Nepal Citizenship Act 2006: Outlines provisions for citizenship, including NRN citizenship.
• Nepal Citizenship Rules 2006: Details the procedural aspects of applying for citizenship.

Despite these provisions, the lack of clear federal legislation has led to implementation challenges, discussed later in this NRN citizenship guide.

3. Step-by-Step Process to Obtain NRN Citizenship

The application process for NRN citizenship can be initiated in Nepal through the District Administration Office (DAO) or abroad via a Nepali embassy or consulate. Below is a detailed step-by-step guide:

Step 1: Submitting the Application

• In Nepal: Apply at the DAO of the district where your or your ancestor’s Nepali citizenship was issued.
• Abroad: Submit the application to the Nepali embassy or consulate with jurisdiction over your country of residence. Many embassies recommend applying directly at the DAO in Nepal, as applications submitted abroad are often forwarded to the DAO, and the certificate must be collected from the DAO.
• Application Form: Obtain the NRN citizenship application form from the DAO or embassy/consulate website.

Step 2: Obtaining a Citizenship Renunciation Certificate

• If you were previously a Nepali citizen and have acquired foreign citizenship, you must formally renounce your Nepali citizenship.
• Submit your original Nepali citizenship certificate to the issuing DAO or the nearest Nepali embassy/consulate to obtain a renunciation certificate.
• This certificate is mandatory for NRN citizenship applications.

Step 3: Obtaining a Recommendation Letter from the Ward Office

• Secure a recommendation letter from the ward office of the local municipality where your or your ancestor’s citizenship was issued or where your family resides. This letter verifies your familial ties to Nepal.

Step 4: Police Record Check (if required)

• The DAO may request a police record check to verify the authenticity of your documents or background. The local police will conduct an investigation and submit a report to the DAO if needed.

Step 5: Identity Verification by Nepali Relatives

• Two close Nepali relatives (or Nepali citizens who know you) must appear at the DAO to verify your identity. They will need to provide their citizenship certificates.

Step 6: Taking the Oath

• Before receiving NRN citizenship, you must take an oath pledging to abide by Nepal’s Constitution and laws. This can be done at the DAO before the Chief District Officer or at an embassy before an authorized officer.

Step 7: Application Review and Issuance of NRN Citizenship

• The DAO or embassy reviews your application and documents. If all requirements are met, the NRN citizenship certificate is issued.
• Processing Time:
  • In Nepal (direct DAO application): 10–12 working days, sometimes as quick as one day if all documents are in order.
  • Through embassies/consulates: 4–10 days, depending on the embassy’s efficiency and coordination with the DAO.

4. Required Documents for NRN Citizenship

To apply for NRN citizenship, prepare the following documents:

• Application Form: Obtained from the DAO or embassy.
• Proof of Nepali Connection:
  • Copy of your original Nepali citizenship certificate (if you were previously a Nepali citizen).
  • Copies of your parents’, grandparents’, or great-grandparents’ Nepali citizenship certificates, along with documents proving your relationship (e.g., birth certificate).
• Proof of Citizenship Renunciation: A copy of the renunciation certificate if you previously held Nepali citizenship.
• Proof of Foreign Citizenship:
  • Copy of your foreign passport.
  • Copy of your foreign citizenship certificate or birth certificate (if born abroad).
• Proof of Residence or Employment Abroad (for Nepali citizens living abroad):
  • Evidence of residing abroad for at least two years (e.g., utility bills, lease agreements).
  • Proof of employment or business (e.g., work contract, business license).
• Recommendation Letter: From the relevant ward office.
• Photographs: 2–3 recent passport-sized photos.
• Signature: A scanned JPEG of your signature on plain paper and the original signed document.
• NRN Card: A copy, if available.
• Citizenship Copies of Relatives: For identity verification by Nepali relatives.
• Commitment Letter: A pledge to abide by Nepal’s Constitution and laws (format provided by the DAO).
• Note: All document copies must be marked “True Copy” with your signature and date.

5. Rights and Benefits of NRN Citizenship

NRN citizenship provides several rights, primarily economic, social, and cultural, including:

• Property Ownership: NRNs can buy and sell property within specified limits (e.g., up to 2 ropani in Kathmandu Valley, 8 kattha in Terai municipalities, or 1 bigha in rural areas). However, restrictions apply if family members already own property.
• Investment and Repatriation: NRNs can invest in businesses and repatriate profits in foreign currency, as per the Foreign Investment and Technology Transfer Act 2019. Recent amendments allow NRNs to invest without prior approval, requiring only notification to the relevant department.
• Bank Accounts: NRNs can open convertible foreign currency accounts in licensed Nepali banks.
• Visa Facilitation: NRNs and their families are eligible for a 10-year non-tourist visa free of charge. However, visa renewal fees persist as a practical issue.
• Inheritance Rights: NRNs can inherit, register, and manage ancestral property in Nepal.

6. Challenges and Limitations of NRN Citizenship

Despite its benefits, NRN citizenship faces several implementation challenges:

• Lack of Political Rights: NRNs cannot vote or hold public office, prompting advocacy from the Non-Resident Nepali Association (NRNA) for dual citizenship and political rights.
• Property Transfer Issues: Ambiguities in land laws and restrictive landholding limits create difficulties for NRNs.
• Visa and Immigration Problems: Some NRNs report being charged visa fees or facing non-recognition of their NRN status at immigration checkpoints.
• Banking Ambiguities: The absence of specific guidelines for NRN bank accounts hinders seamless financial operations.
• Employment Rights: The Constitution limits employment rights to Nepali citizens, leaving NRNs’ eligibility unclear.
• Inconsistent Treatment: Variations in how DAOs process applications lead to unequal treatment across districts.
• Other Issues: NRNs face challenges like paying foreign tourist rates for entry to tourist sites, lack of provisions for obtaining driver’s licenses, and unclear rules for stock market investments.

The Nepal Law Commission has recommended amending approximately a dozen laws to address these issues, but progress remains slow.

7. Benefits for Nepal

NRN citizenship offers significant advantages for Nepal:

• Economic Growth: Encourages investment from the Nepali diaspora in various sectors.
• Capital Retention: Provides a secure framework for NRNs to invest in Nepal, reducing capital flight.
• Skill and Technology Transfer: Leverages the expertise of NRNs to enhance Nepal’s development.
• Job Creation: Investments by NRNs, especially those returning after retirement, can create employment opportunities.
• Emotional Connection: Strengthens the bond between the global Nepali diaspora and their homeland, fostering a sense of belonging.

8. Practical Tips and Resources

• Prepare Documents in Advance: Ensure all documents are complete and notarized to avoid delays.
• Consult Legal Experts: For complex cases, seek assistance from legal firms like:
  • Imperial Law Associates: +977 9803888924, [email protected].
  • Gandhi & Associates: +977-1-4102888 or +977 9709035477.
• Contact Embassies: Nepali embassies, such as the Embassy of Nepal in Denmark, can provide guidance.
• Check Official Websites: Visit the Ministry of Home Affairs (www.moha.gov.np) or the Department of Immigration (www.immigration.gov.np) for updates on NRN policies.

Conclusion

NRN citizenship is a vital link for the Nepali diaspora to contribute to Nepal’s development while maintaining economic, social, and cultural ties. However, its implementation is hindered by legal ambiguities and procedural inconsistencies. By following the outlined steps and preparing the necessary documents, eligible individuals can successfully obtain NRN citizenship. Addressing the existing challenges through legislative reforms will further enhance its effectiveness, ensuring that “once a Nepali, always a Nepali” becomes a reality.

For further assistance, reach out to the nearest DAO, Nepali embassy, or legal professionals specializing in citizenship matters.

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