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. It makes specific provision for acquisition and termination of Nepali citizenship and related matters.

Citizenship by virtue of Nepali descent or blood

Nepali citizenship is based on the principles of jus sanguinis or bloodline. Section 3 of the Nepal Citizenship Act 1964 provides that a child born to a male citizen of Nepal shall themselves be a citizen of Nepal at birth. There are no provisions for female citizens of Nepal to transmit Nepali citizenship to their progeny, although the Nepalese parliament recently voted in favour of a resolution to end laws which discriminate against women. How the resolution will be translated into action is, however, not clear yet. No change to the law is as yet in effect.

Citizenship by Birth

Nepali law has no provisions for acquisition of Nepali citizenship solely by virtue of birth in Nepal, except in the limited case where a child is found within the territory of Nepal but the whereabouts of whose parents are not known. In such cases, the child shall be deemed to be a citizen of Nepal, jus sanguinis, until the father of the child is traced.

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.

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.

Automatic Termination of Nepali citizenship

Dual nationality is not permitted under Nepal law. 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 is also a citizen 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 Nepalese citizenship shall automatically lapse on his twenty first birthday.

Citizenship clarifications issued by the Nepali Authorities

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.

External links

• Constitution of the Kingdom of Nepal
• Nepal Citizenship Act 1964
• House of Lords statement concerning the status under Nepalese law of British Nationals (Overseas) including letter from the Office of the Prime Minister and Council of Ministers of Nepal
• Womens’ rights to Nepalese nationality
• Nepal women's rights law hailed, BBC News 31 May 2006
• Nepal HoR endorses ‘historic’ proposal on women rights
• House of Lords statement on entitlement of British National (Overseas) children of Nepalese origin to register as British citizens
• Lord Avebury's letter to the South China Morning Post dated 4 July 2006, on BN(O) minors of Nepalese origin entitled to British citizenship

Nationality law | Nepalese law