Report on Citizenship Law: Nepal Sub-rule 3 deals with the procedures for persons found within the territory of Nepal. This provision requires that applicants whose father and mother's whereabouts are unknown must submit an application in the format provided in schedule 1 of the rules to the district administration office together with the following documents:52 i. In cases where the person has been raised by a government-approved childcare centre, orphan children protection organisation or orphanage, a recommendation from that institution.53 Additionally the person must be certified by the head of the institution.54 ii. In cases where the person has obtained legal guardianship, a copy of the citizenship certificate of the legal guardian.55 If further inquiry is felt necessary, a recommendation from the local organisation or a police report may be sought from the applicant.56 Such citizenship certificates specifically mention in the relevant columns that the father and mother have not been traced.57 2. Rule No. 4 This Rule concerns the procedure for obtaining citizenship by birth. This provision is no longer applicable as the application for this type of citizenship must have been made prior to the election of the Constituent Assembly.58 It requires that the applicant must submit an application together with the following documents to the district administration officer in the format prescribed in Schedule 1 of the rules:59 i. A recommendation from the Local organisation concerned proving that the applicant was born in Nepal and has been continuously permanently residing in Nepal. ii. A land ownership registration certificate or tenancy right certificate or household certificate in the name of the applicant or in the name of the applicant's family,60 or evidence indicating that the name of the applicant or the applicant's father or mother appears in the electoral roll prepared by the election commission. In the case of failure to submit the evidence listed above, a spot public inquiry can be conducted in the same manner as for rule No. 3(2)(a). However, in the case of citizenship by birth, the decision on citizenship must be made within a month of the date of registration of applications.61 3. Rule No. 5 This rule contains provisions on procedures for obtaining citizenship through naturalisation by marriage. Foreign women married to Nepalese men need to make an application to the 52 53 54 55 56 57 58 59 60 61 Nepal Citizenship Rules, 2006, rule. 3(3). Nepal Citizenship Rules, 2006, rule. 3(3)(a). Nepal Citizenship Rules, 2006, rule. 3(3)(c). Nepal Citizenship Rules, 2006, rule. 3(3)(b). Nepal Citizenship Rules, 2006, rule. 3(4). Nepal Citizenship Rules, 2006, rule. 3(6). Nepal Citizenship Rules, 2006, rule. 4(2). Nepal Citizenship Rules, 2006, rule. 4(1). The explanation in sub-rule 1(b) states that family includes father, mother, step-mother, son, unmarried daughter and daughter-in-law, whether living in an undivided family or living separately. Nepal Citizenship Rules, 2006, rule. 4(4). RSCAS/GLOBALCIT-CR 2017/8 - © 2017 Author 11

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