Report on Citizenship Law: Nepal citizenship of Nepal through naturalisation.24 The language used in this sub-section suggests that it supersedes the previous sub-section, as the phrase "Notwithstanding anything in subsection (1)..." is used. This section also includes a provision that addresses the citizenship concerns of foundlings. It states that persons found in the territory of Nepal the whereabouts of whose father and mother are unknown are citizens by descent until their father or mother is identified.25 Section 4 covers the eligibility criteria for acquiring citizenship by birth. It states that any person born before 13 April 1990 in the territory of Nepal with permanent domicile in Nepal is a citizen of Nepal by birth. This provision is no longer applicable in the present as the certificate of citizenship by birth could only be acquired before the Constituent Assembly election was held 26 or within two years of the commencement of the act. 27 With the Constituent Assembly already having been held and more than two years having passed since the act entered into force, the provision is no longer applicable for any person today. 3.1.2. Acquisition by naturalisation (through marriage, ordinary naturalisation etc.) The constitutional provisions further classify citizenship by naturalisation into three types. 1. Citizenship by naturalisation through marriage A foreign female spouse of a Nepalese man can acquire citizenship by naturalisation.28 However, the same does not apply to a foreign male spouse of a Nepalese woman. The provision is also not clear regarding any further conditions that need to be met in order to acquire Nepalese citizenship by naturalisation. 2. Citizenship by naturalisation for children born to Nepalese women and foreign men Children born to Nepalese women and foreign men may acquire the citizenship of Nepal provided that they have permanent domicile in Nepal and have not acquired the citizenship of the foreign country.29 As mentioned above, if at the time of application both the parents of such children are Nepali citizens they can acquire citizenship by descent. 3. Other kinds of citizenship by naturalisation The constitution states that the Government of Nepal can confer other kinds of citizenship by naturalisation on the basis of federal law.30 These legal provisions need to be determined by the citizenship laws. Acquisition of citizenship by naturalisation according to the Nepal Citizenship Act, 2006 Section 5 of this act deals with the kinds of naturalised citizenship certificates. Sub-section (1) even specifies the procedure for obtaining naturalised citizenship through marriage as it states that a foreign female spouse needs to produce her document of a marriage relationship 24 25 26 27 28 29 30 Nepal Citizenship Act, 2006, sec. 3(2). Nepal Citizenship Act, 2006, sec. 3(3). Nepal Citizenship Act, 2006, sec. 4(2). Nepal Citizenship Act, 2006, sec. 4(3). Article 11(6), Constitution of Nepal, 2015. Article 11(7), Constitution of Nepal, 2015. Article 11(8), Constitution of Nepal, 2015. RSCAS/GLOBALCIT-CR 2017/8 - © 2017 Author 7