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 This provision is no
longer applicable as the application for this type of citizenship must have been made prior to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