Article I: Nepalese Rights and Law regarding Citizenship or Legal Identity
(a) Legal Identity
Legal Identity is defined as the legal relationship between the individual and the country. Legal Identity is known as the fundamental right in the constitution of Nepal. It is conferred by legal identity documents as Citizenship Certificate, Birth Registration Certificate, Relationship Certificate, Passport, License, and Voter’s ID card and so on. But in context of Nepal, all of the legal identity documents are derived from the citizenship certificate.
(b) Citizenship Right In Nepal
Citizenship is a legal bond of nationality between a person and the country (State). It play very important role because it provide the citizen of nation with a sense of identity, enables them to exercise a wide range of basic social, economic, and political rights and gives them protection of their country of nationality when they are in aboard countries. The 2006 Nepal Citizenship Act entitles Nepali Citizens who reach the age of 16 can obtain their Citizenship Certificate. Citizenship certificate is considered the most important initial document, and often required for obtaining other identical documents of Nepal. Without having the citizenship certificates, individuals cannot register on the voters’ list, register marriage or births, buy or sell land, appear in professional exams, bank account. Citizenship Certificate allows a citizen to exercise his/her right ad claim state protection and social benefits.
Article II: Eligibility
Section 2.01: Citizenship by Descent
(a) Parents are not known
A person found in the territory of Nepal whose paternal and maternal whereabouts are unknown shall be citizens by descent until his/her father or mother is identified.
Nepal Citizenship Act, 2006, sec. 3(3)
Applicants must submit an application prescribed in the format referred to in Schedule-1 of the Rule to the District Administration Office with the following documents:
(i) In cases where the person has been raised by a government approved child care center or orphan children protection organization or association or orphanage, the recommendation of that institution. Additionally the person must be certified by the Chief of the institution
(ii) In case where the person has obtained legal guardianship, a copy of the citizenship certificate of the legal guardian.
(b) Parents are known
A person whose father or mother was a citizen of Nepal at the time of birth of person shall be a citizen by decent of Nepal.
Nepal Citizenship Act, 2006 sec. 3(1)
Citizenship certificate can only be acquired after attaining the age of 16 and the person shall need to file an application in the format referred to in Schedule – 1 of the Citizenship Rule to the District Administration Office with the copies of the following documents:
(i) Nepalese citizenship certificate of descendants of relatives within three generations from paternal or maternal or self-side
(ii) A recommendation made by the concerned VDC or Municipality setting out the applicant’s birthplace and relationship or a certificate of birth registration or Academic Document
(iii) In the cases where the citizenship certificate of a relative within three generations has been submitted, a relationship certificate establishing the relationship with that relative also needs to be submit
(Nepal Citizenship Act, 2006, sec. 8(1).
Section 2.02: Citizenship by Naturalization
(a) For Children
Persons born to Nepali women married to foreign men having permanent domicile in Nepal.
Nepal Citizenship Act, 2006, sec. 5(2).
Submit the following documents to the concerned District Administration Office:
(i) Recommendation by the concerned VDC or Ward Office or Municipality
(ii) Copy of the mother’s citizenship
(iii) Evidence to show that the citizenship of the foreign country of the father has not been acquired.
(b) For Foreign female spouse
Foreign female spouse of a Nepali citizen can acquire the naturalized citizenship of Nepal.
Nepal Citizenship Act, 2006, sec. 5(1).
Applicants need to make an application with the following documents to the District Administration Office in the format prescribed in Schedule-7:
(i) A recommendation made by the concerned Local Body specifying the marriage with the Nepali citizen
(ii) An evidence proving that the applicant has initiated an application to renounce the foreign citizenship
Nepal Citizenship Act, 2006, sec. 5(1).
Naturalized citizenship can be granted to foreign citizens who have contributed specifically in the fields of science, art, literature, world peace, human welfare or Nepalese industry, finance or social development who also fulfill the following conditions:
(i) Who has renounced or declared such renunciation of the citizenship of the other country
(ii) Who is engaged in any occupation and domiciled in Nepal
(iii) Who is able to read and write Nepali or any other language in practice in Nepal
(iv) Who has resided in Nepal for a minimum period of 15 years
(v) Who is a citizen of the country where there is provision of the law or practice to grant naturalized citizenship to Nepalese
(vi) Who bears good moral character
(vii) Who is mentally fit and healthy
Nepal Citizenship Act, 2006, sec. 5(4).
Article III : Termination of Citizenship
(i) Any citizen of Nepal who voluntarily acquires the citizenship of any foreign country shall automatically lose the citizenship of Nepal.
(ii) In the case of a person eligible to acquire the citizenships of Nepal and a foreign country at the same time, shall have to choose the citizenship of any one country within two years of attaining the age of 16 years, and the failure to decide within two years will result in the person losing his/her eligibility to acquire the citizenship of Nepal.
Nepal Citizenship Act, 2006, sec. 10.
(i) Concerned person must give information along with the original citizenship certificate in the format prescribed in Schedule-9 of the Rules to the District Administration Office if the applicant is domiciled in Nepal.
(ii) In cases where the person is out of the country, the applicant can submit the application to the Nepalese Embassy or the Chief of the Nepalese Mission or Consulate.
Nepal Citizenship Rules, 2006, rule. 9(1).
Article IV: Resumption of Citizenship
A former Nepali citizen who later acquired the citizenship of a foreign country can acquire the Nepali citizenship again upon renunciation of the foreign citizenship.
Nepal Citizenship Act, 2006, sec. 11
Such an applicant needs to make an application in the format prescribed in Schedule-11 to the District Administration Office along with the proof that the foreign citizenship has been renounced.
Nepal Citizenship Rules, 2006, rule. 11(1).
Article V: Revocation of Citizenship
Citizenship certificate acquired upon submission of false documentation shall be revoked.
Nepal Citizenship Act, 2006, sec. 12.
Citizenship certificate will be revoked by the authority that has issued the certificate.
Nepal Citizenship Rules, 2006, rule. 12.
Article VI: Correction of Citizenship
Only minor changes on the caste or age of the person are allowed.
Nepal Citizenship Act, 2006, sec. 17.
Person desiring to change the legally allowed particulars in the certificate must file an application for the same in the District Administration Office.
Nepal Citizenship Rules, 2006, rule. 14(1)
Article VII: Punishment
(i) Foreign nationals who claim to be a Nepali citizen through false representation, the punishment is imprisonment from one year to five years or a fine of fifty thousand rupees to one hundred thousand rupees or both.
(ii) The person who was involved in the process of verification or recommendation in granting citizenship to a foreign national based on false information shall be sentenced to imprisonment from six months to three years or fined from twenty thousand rupees to fifty thousand rupees or both.
(iii) The person who assists and begets false or forged a Nepali citizenship certificate shall be sentenced to imprisonment from one year to five years or fined twenty thousand rupees to one hundred thousand rupees or awarded both penalties.
Nepal Citizenship Act, 2006, sec. 21.
Article VIII: Downloads
Source: Mero Adhikar (Android Apps)
Download this apps and support developer