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Documents
as copied from
His
Majesty's Government
Ministry of Home
Department of Immigration
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THE
IMMIGRATION RULES, 2051 (1994)
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The
Immigration Rules, 2051 (1994)
Date
of publication in the Nepal Gazette : 23 d Jestha 2051
(6 June 1994)
Date of the first amendment: 22nd Jestha 2058 (4 June
2001)
In exercise of the powers conferred by Section 18 of the
Immigration Act, 2049 (1992) His Majesty's Government
has framed the following rules:
CHAPTER
I
PRELIMINARY
1.
Short title and commencement:
These
Rules may be cited as the "Immigration Rules, 2051
(1994).
Clause
(a) (d) of serial no. 1 of Schedule 9 amended by sub-rule
14 of these regulations and sub-rule (5) of the same rule
shall be deemed to have been commenced from the 27th Ashad,
2056 B.S. (11 July 1999) and other rules shall come into
force forthwith.
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2.
Definitions
Unless the subject or the context otherwise requires,
in these Rules
- "Act"
means the Immigration Act, 2049 (1992).
- "Tourist"
means a foreigner who spends at least one night or twenty-four
hours in the Kingdom of Nepal.
- "Family"
means husband, wife, father, mother, and dependent child.
- "Trekking
area" means the area so specified by His Majesty's
Government that permission is required to trek there.
- "Mission"
means any Royal Nepalese Embassy, Royal Nepalese Consulate
General and Royal Nepalese Consulate in any foreign
country, and this term includes any organization or
authority temporarily or permanently representing His
Majesty's Government in any foreign country.
- "Agency"
means a person or an organisation licensed by His Majesty's
Government who provides service to the foreigners during
the period from the arrival and presence of the foreigners
to their departure, and an association making movement
of the foreigners.
- "Visa
year", for the purpose of these Rules, means a
period from I January to 31 December of a year
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CHAPTER
- 2
PROVISIONS
RELATIONSHIP VISA
3.
To grant or not to grant visa is the right of His Majesty's
Government :
- All
powers to grant or not to grant visa to any foreigner
shall be vested in His Majesty's Government
- His
Majesty's Government May allow to enter into the Kingdom
of Nepal to the citizen of any friendly country with
out visa on the basis of reciprocity.
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4.
Diplomatic visa:
- Except
be issued to a person holding a diplomatic passport
issued from any country and recommended from the concerned
foreign diplomatic mission for the diplomatic visa,
to a person considered fit to be granted diplomatic
privileges by His Majesty's Government and the family
members of such person holding the diplomatic passport.
- The
diplomatic visa shall be issued on the basis of reciprocity;
the term thereof may be extended at a time or from time
to time for the term of the assignment in the Kingdom
of Nepal.
- An
application for the diplomatic visa has to be made in
the format as referred to in Schedule 1. Provided, however
that the application as referred to in Schedule 1 is
not required to be submitted if request or recommendation,
accompanied by the details, is made by a foreign diplomatic
mission or a body authorised therefore.
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5.
Official visa:
- The
official visa shall be granted to the persons considered
fit by His the following foreigners and their family
upon recommendation of the concerned foreign diplomatic
mission
- Administrative,
technical and non diplomatic officials serving in
a residential or non residential diplomatic mission,
Consulate for Nepal and incumbent Nepalese honorary
Consul Generals,
- Consuls
and their family who visit Nepal from a foreign
country, Consultant experts who stay in Nepal under
an agreement with His Majesty's Government,
- Employees
serving in the Nepal based offices of the United
Nations or its agencies and the persons holding
the laissez passez granted by the United Nations,
- Employees
serving in the international institutions or regional
organisations located in Nepal.
- Persons
to come to participate in assembly, conference,
training or meeting organized by His Majesty's Government
or His Majesty's Government's undertaking agency
or United Nations
-
Organizations or Regional Organization or other
agencies there under.
- An
application for the official visa has to be submitted
in the format as referred to in Schedule 1.Provided,
however that the application as referred to in Schedule
1 is not required to be submitted if request or recommendation,
accompanied with the details, is made by a foreign diplomatic
mission or a body authorised therefore.
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6.
Tourist visa:
- The
foreign tourist visiting Nepal shall be granted the
tourist visa.
- The
tourist visa shall be granted for a period in maximum
of five months in a visa year.
- A
tourist who has departed before the expiry of the period
specified in the visa issued in a visa year shall not
be allowed to use the visa by adding the remaining period
to another visa year.
- If
any foreigner who has entered into Nepal towards the
end of a visa year desires to spend even the period
during which he may stay in Nepal with the tourist visa
of the other visa year, he may use such facility.
- Provided,
however, that the computation of the fees for such period
shall be made on the basis of the total period of his
stay.
- An
application for the tourist visa has to be submitted
in the format as referred to in Schedule 1.
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7.
Study visa:
- The
study visa shall be granted to the foreigners and their
family who, having obtained the approval of His Majesty's
Government, come to study, teach or conduct research
in any educational institute in the Kingdom of Nepal.
- Except
for the foreigners who visit Nepal under the award of
scholarship by His Majesty's Government or the accepted
programme of His Majesty's Government, the foreigners
intending to study and conduct research at their own
will shall be granted the study visa only on the basis
of the authentic source, in the case of the foreigner,
to make expenses of at least three thousand American
Dollars, grossly or on a monthly instalment basis, per
annum during their stay in Nepal, and in the case of
their family, that of at least two thousand American
Dollars per annum, or on the basis of the submission
of a certificate of the exchange of foreign currency
equivalent thereto.
- The
study visa shall be granted for one year at a time.
In cases the visa has to be granted for a period in
excess thereof, the term of the visa may be extended
by taking into consideration of the study and research
progress report of such person, his activities as well
as other necessary matters. Provided, however, that
in the case of a researcher or student, such extension
of the term shall be only for up to the period of research
or that of educational degree under study.
- The
recommendation of the Ministry of concerned has to be
submitted for the study visa.
An application for the study visa has to be submitted
in the format as referred to in Schedule -2.
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8.
Non-tourist visa:
- The
following foreigners and their family members shall
be granted the non-tourist visa.
- Foreigners
involved in the social and economic development
works approved by His Majesty's Government, under
the expenses to be borne by governmental institutions
of the foreign friendly nations;
- Foreigners
having obtained recommendation from the Ministry
of Foreign Affairs to work in the institutions run
by the foreign missions located in Nepal,
- Foreign
representatives having obtained recommendation from
the Ministry of Information and Communications to
work in foreign newspapers and news agencies,
- Foreigners
having obtained recommendation from the concerned
Ministry to act as helpers of the foreigners having
obtained diplomatic or official visas,
- Foreigners
having obtained approval from His Majesty's Government
to work on remuneration basis in any firm, company,
association, industry or enterprise within the Kingdom
of Nepal,
- Foreigners
having obtained recommendation from the Ministry
concerned to work in any international airlines
organisation located in the Kingdom of Nepal,
- Foreign
importer visiting Nepal from third country on the
recommendation of foreign governmental agency or
Federation of Industries or Chamber of Commerce
of Foreign Country,
- Foreigners
who have marital relation with the citizens of Nepal
and furnish the marriage registration certificate,
- Foreigners
who come to Nepal to work, on the recommendation
of the concerned Ministry pursuant to an agreement
or understanding agreed upon at governmental or
non governmental level,
- Foreigners
having obtained recommendation of the concerned
Ministry to conduct feasibility study of an industry
or enterprise for a period not exceeding 6 months.
- Group
leader of the foreigners making application, accompanied
by the recommendation of the Ministry of concerned,
for making the tourists' tour in group in Nepal,
--(k1) Foreigners who have obtained recommendation
of the concerned Ministry and who have to come to
work in Non-governmental organization as per the
agreement concluded with Social Welfare Council
or concerned Ministry.
- Such
foreigners as may be thought fit by His Majesty's
Government.
- The
non tourist visa shall be issued for a period not exceeding
one year at a time, and its term may be extended as
per necessity.
- The
amount of expenses to be incurred by a foreigner intending
to obtain the non tourist visa during his stay in Nepal
and the authentic source thereof shall be as prescribed
by His Majesty's Government by a notification published
in the Nepal Gazette.
- An
application has to be submitted in the format as referred
to in Schedule 2 to obtain the non tourist visa.
- Provided,
however, that the foreigners referred to in cause (h)
of sub rule (1) are required to submit an application
in the format as referred to in Schedule 2 (a).
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9.
Business visa:
- The
business visa shall be granted to the following foreigners
and their family on the recommendation of concerned
agency:
- Foreigners
having obtained license to make investment in any
business or industrial enterprise within the Kingdom
of Nepal or authorised representatives of such business
or industrial enterprise.
- Foreigners
having obtained license to invest to carry on export
trade from the Kingdom of Nepal.
- Foreigners
visiting Nepal from third country who export goods
manufactured in Nepal through purchase or who place
a purchase order for export.
- Except
as otherwise provided for in these Rules, the business
visa shall be issued for a period not exceeding
five years at a time; and its term may be extended
as per necessity.
- (a)
Notwithstanding anything contained in Sub?rule (2),
a multiple business visa of five years shall be
issued for 90 days at one time for the foreigners
pursuant to Clause (c) of Sub?rule for stay in the
Kingdom of Nepal.
- (b)
If an application has been submitted by the bearer
of visa enclosing therewith the reason and supporting
evidence of non?completion of transaction of business
within the validity of visa period issued for stay
in the Kingdom of Nepal under Sub?rule (2a), the
visa of such person may be renewed on the basis
of efficiency of work up to the period for stay
in Nepal as referred to in Sub?rule 2a.
- Application
for the business visa has to be submitted in the format
as referred to in Schedule 2.
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10.
Transit visa:
- The
transit visa shall be issued from the Airport for forty
eight hours to any foreigner whose air ticket is confirmed
and who has entered into the Kingdom of Nepal on the
way to another country.
- The
visa, generally for a period of one week, shall be issued
to any foreigner who has departed from the Kingdom of
Nepal and whose entry has been rejected and who has
been sent back by any country to Nepal or to any foreigner
travelling in an aircraft having landed in Nepal casually
due to any reason.
- An
application for the transit visa has to be submitted
in the format as referred to in Schedule 3.
10.(a)
Non-residential Nepalese Visa :
- If
any foreigner of Nepalese origin residing in foreign
country wish to reside or conduct business, profession
or Study, teach in any subject in Nepal, non-residential
Nepalese visa may be issued to him and of his family.
- An
application in the format under Schedule 3b may be submitted
through Nepalese mission located in the foreign country
or directly to the Department for the visa pursuant
to Sub-rule (1).
- The
visa pursuant to Sub-rule (1) may be issued for up to
10 years at one time, and such visa may be extended
as per necessity.
- The
format of non-residential Nepalese visa shall be under
Schedule 3b.
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11.
Residential visa:
- The
following foreigners and their family intending to spend
life in the Kingdom of Nepal shall be granted the residential
visa:
- Persons
with international reputation,
- Persons
capable of rendering outstanding contribution to
the economic, social and cultural growth of the
Kingdom of Nepal,
- Person,
who has invested minimum one hundred thousand US
dollars or convertible foreign currency equivalent
thereto in industrial enterprise of Nepal at once.
- Any
foreigner intending to spend life in the Kingdom
of Nepal without carrying on any business.
- The
mission recommending for residential visa to the foreigner
as mentioned in other clauses save the foreigner as
mentioned in clause (d) of sub-rule (1) shall send the
recommendation along with the application filled up
by such foreigner to the Department through the Ministry
of Foreign Affairs.
- Any
foreigner intending to obtain the residential visa under
clause (e) of sub rule (1) has to submit a certificate
showing that he will spend or has spent in Nepal at
least 20 thousand American Dollars at one time or at
several times per year.
- Any
foreigner intending to obtain the residential visa has
to submit to the Department or the concerned mission
an application in the format as referred to in Schedule
4.
- The
format of the residential visa shall be as referred
to in Schedule 4 (a).
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12.
Visa issuing and renewing authority
The
following visa shall be issued and granted by the following
authority Category of visa Visa issuing and renewing authority-
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Category
of Visa
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Visa
issuing and renewing authority
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| a.
Diplomatic visa |
The
Ministry of Foreign Affairs, Provided, however, that
the mission or the Immigration Office at the entry
point may issue the diplomatic visa (as an entry visa)
for a period of up to 30 days. |
| b.
Official visa |
The
Ministry of Foreign Affairs, Provided, that the mission
or the Immigration Office at the entry point may issue
the official visa (as an entry visa) for a period
of up to 30 days. |
| c.
Tourist visa |
(1)
The Immigration Office of the Mission or entry point
for entry visa of sixty days as the first entry visa
in visa year and entry visa of additional thirty days
each in the same visa year. (2) The Director General
for renewal the validity not exceeding 150 days in
visa year of the tourists who have already entered
into Nepal by obtaining entry visa. |
| d.
Study visa |
The
Director General, |
| e.
Non tourist visas |
- In
the case of foreigner pursuant to Clause (g) of
Rule 8, Royal Nepalese Embassy or Permanent Diplomatic
Mission located in the foreign country or Director
General,
- In
the case of foreigner pursuant to Clause (1) of
Rule 8, the Director General with the approval
of His Majesty's Government.
- In
the case of foreigner pursuant to other Clauses
of Rule 8, the Director General.
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| f.
Business visa |
The
Director General, |
| g.
Transit visa |
The
mission or Immigration Officer, |
| h.
Residential visa |
For
first one year the Department by obtaining approval
of the Ministry of Home Affairs and The Department
for renewal.
Provided that the Department on the recommendation
of the Department of Industries to the foreign investor
as per clause (1) of sub-rule (1) of Rule 11 and their
dependent family. |
| i.
Non-Residential Nepalese visa |
For
the first time, the Department with the approval of
the Ministry of Home Affairs and the Department for
renewal. |
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13.
Power to refuse to issue visa or to grant permission to
enter into the Kingdom of Nepal:
Notwithstanding
anything contained elsewhere in these Rules, the Immigration
Officer may, at the every entry point, refuse to issue
a visa to, or to grant permission to enter into the Kingdom
of Nepal, to the following foreigners:
Whose
passports and visas have been found doubtful,
Who
have been expelled for the commission of any acts contrary
to the Act or these Rules, or who have been prohibited
from entering into the Kingdom of Nepal.
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14.
Power to prohibit the departure from the Kingdom of Nepal:
The
Department or Immigration Office may prohibit the following
foreigners from departing from the Kingdom of Nepal:
- Who
have not valid passport and visas to enter into the
country which they have intended to enter into,
- About
whom information, with the reason therefor, has been
received from any authorised official for the prohibition
of the departure from the Kingdom of Nepal.
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15.
Points of entry or exit:
The
points of entry and exit for the purpose of the foreigner
entering into or departing from the Kingdom of Nepal by
obtaining a visa shall be as prescribed in Schedule 5.
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16.
Disembarkation and embarkation form to be filled up:
- Every
foreigner entering into or departing from the Kingdom
of Nepal has to fill up the disembarkation or embarkation
form, as the case may be, as referred to in Schedules
6 and 6(a), respectively, and submit such form to the
Immigration Office.
- The
Immigration Office shall, on a daily basis, prepare,
on the basis of the form submitted under sub rule (1),
the foreigners' arrival records in the format as referred
to in Schedule 7 and their departure record in the format
as referred to in Schedule 7(a), and send such records
to the Department.
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17.
Certification of arrival and departure:
Every
person entering into or departing from the Kingdom of
Nepal shall get his entry and departure certified at his
entry or departure point. In the case of the person who
has not got so registered his arrival or departure, if
he submits an application, along with the reason therefor,
the Department may, if it deems reasonable after investigation
thereabout, certify the arrival or departure.
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18.
Documents to be produced:
In
cases where the officials of the Department or the Offices
thereunder and the authorised Officers of the District
Administration Office in such places where such personnel
are not available, the police officials and border administration
officials require any foreigner to show his passport,
visa, trekking permit and documents relating thereto,
such foreigner has to show such documents immediately.
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19.
Notice of change in address:
If
a foreigner makes change in his Nepal based residential
address mentioned in the application submitted for the
issuance of visa or the extension of the term of visa,
such foreigner shall compulsorily furnish the Department,
Office or local police office with a notice containing
his name, passport number and new address as well, within
seven days.
If
a foreigner having stayed in Nepal for more than 120 days
goes to any other place of the Kingdom of Nepal for spending
more than 24 hours, he has to register with the local
Police Office of such place his presence along with the
detail showing his name, passport number and address as
well.
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20.
Restriction to work:
(1)
A foreigner having obtained a visa as a tourist or his
family member pursuant to these Rules shall not be allowed
to work, with or without receiving remuneration, in any
industry, business, enterprise or organisation during
his stay in the Kingdom of Nepal.
A
foreigner having obtained a visa pursuant to these Rules
shall not be allowed to carry out any work other than
that for which purpose he has obtained the visa.
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21.
Notice for cancellation of visa:
In
cases where a foreigner having obtained a visa of other
category except a tourist visa becomes unable to spend
the term of the visa granted to him due to any reason,
the concerned foreigner or the in charge of the office
concerned with his Work has to give a notice to the visa
issuing authority within 7 days for the cancellation of
the said visa.
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22.
Suspension of visa :
In
case where any foreigner is detained in the course of
proceeding under the prevailing law or any legal action
is initiated against him, the visa obtained by such a
foreigner shall be deemed to have been suspended pending
the settlement thereof and such a foreigner need not obtain
a visa during the period he is so detained or until the
conclusion of legal proceedings. Such a foreigner may
be sent back from the Kingdom of Nepal within 7 days or
his release from detainment or the conclusion of the legal
proceedings.
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23.
Change of visa category :
In
case where a foreigner having entered with a visa of any
category submits, after the discharge of the function
for which he has obtained such visa, an application for
a visa of other category, the authority as referred to
in Rule 12 may, subject to the Act and these Rules, grant
a visa of another category to such a foreigner.
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24.
Recommendation for and issuance of visa provisionally
:
- In
cases where it takes time to make recommendation for
the study, non-tourist and business visa, the concerned
Ministry may, upon assigning the said reason, make recommendation
for the provisional study, non-tourist and business
visa for a period not exceeding three months.
- In
cases where it take time for the foreigner referred
to in sub-rule (1) (h) of Rule 8 to submit the marriage
registration certificate, the Department may, on the
basis of the recommendation of the authority or the
embassy of the concerned country, issue the non-tourist
visa for a period not exceeding three months.
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25.
Issuance of travel permit :
The
Department may issue the travel permits to those foreigners
who are not able to obtain new passports due to the loss,
deface or expiry of the term thereof or due to any other
reasons, in order to enable them to return to their home
countries. Provided, however, that the Ministry of Foreign
Affairs shall issue such permit in the case of the person
holding diplomatic and official passport.
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26.
Transfer of visa :
In
case where any foreigner has obtained the travel permit
under Rule 25 or a new passport due to the loss or expiry
of the term of the old passport, the Department may transfer
the visa to the travel permit or to the passport.
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27.
Application for extension of the term of visa :
An
application has to be submitted in the format as referred
to in Schedule 8 for the extension of the term of a visa
except a diplomatic and official visa.
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28.
Circumstances in which a visa may be cancelled :
- The
Department may cancel a visa of any foreigner in the
following circumstances:
- If
he fails to produce an international health certificate
as and when required to do so.
- If
he becomes insane or goes mad.
- If
he is found to have absconded after committing any
serious criminal offence.
- If
he is fond to be suffering from any contagious or
communicable disease.
- If
his presence seems to cause detrimental effect in
peace and security or the Kingdom of Nepal or in
the mutual fraternity of the people if Nepal.
- If
his conduct is found to be suspicious or if he carries
out, or causes to be carried out, any undesirable
activities.
- If
his presence seems to result in adverse impact on
the social and culture environment in the Kingdom
if Nepal.
- If
he violates, or causes to violate, the Act, these
Rules and other prevailing law.
- If
he carries out any other acts or things not in consonance
with the purpose for which the visa has been issued
- In
the case of cancellation of a visa pursuant to sub-rule
(1), the fees paid therefor shall not be refundable
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29.
Fees :
- The
visa fees or other fees to be charged for the issuance
of a visa for the entry into or presence in the Kingdom
of Nepal, for the extension of the visa or the regulation
of the visa of the foreigner who has over-stayed or
the issuance of the travel permit or the transference
of the visa shall be prescribed in Schedule -9.Provided,
however, that the children below the age of ten years
shall be exempted from visa fees.
- The
visa fees chargeable for the citizens of the countries
which charge fee higher or lower than the fees prescribed
under sub-rule (1) shall be based on reciprocity.
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30.
Provision relating to facility of single entry, multiple
entry :
- While
issuing visas under these Rules, the facility of single-entry
and multiple entry may also be granted.
- The
facility granted under sub-rule (1) shall remain valid
only until the entrance validity period of the visa,
in the case of the visa issued by the mission, and until
the validity period of the visa in the case of the visa
issued by the Official or Department.
Provided, however, the total period of stay of the foreigner
having obtained such facility shall not, except in case
of having obtained other facility or got the term extended,
exceed the period of stay in Nepal mentioned at the
time of issuance of the facility.
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31.
Exemption from visa fee :
While
issuing visas to the following persons for their entry
into or presence in the Kingdom of Nepal or while extending
the term of their visas, they may be exempted or remitted
from the visa fees under the following grounds :
- Foreigners
with diplomatic or official visas.
- Foreigners
coming to participate in a conference, assembly, training
or meeting organised by His majesty's Government, or
a body owned by His Majesty's Government or United Nations
- Organisation
or regional organisations or any other International
Association or organisation, or bodies thereunder.
- Renowned
persons of a country having diplomatic relations with
the Kingdom of Nepal.
- Citizens
of any country on the basis of reciprocity.
- Descendants
upto the age of 16 years holding foreign passports,
of Nepalese parents or either of their parents is a
Nepalese citizen.
- Citizens
of Nepali origin, after having obtained passports for
the first time from a Nepal based foreign mission, until
the period of his departure to a foreign country.
- Persons
coming under the scholarship provided by His Majesty's
Government or coming to participate the programme approved
by His Majesty's Government.
- For
a person being unable to depart from the Kingdom of
Nepal due to the cancellation of flight, for the period
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