The Immigration Rules, 2051 (1994)
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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:
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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
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"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 :
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All powers to grant or not to grant visa to any foreigner shall be vested in His Majesty's Government
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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 therefor.
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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
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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,
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Consultant experts who stay in Nepal under an agreement with His Majesty's Government,
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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,
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Employees serving in the international institutions or regional organisations located in Nepal.
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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.
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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 therefor.
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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:
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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.
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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.
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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.
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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:
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The following foreigners and their family members shall be granted the non-tourist visa.
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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;
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Foreigners having obtained recommendation from the Ministry of Foreign Affairs to work in the institutions run by the foreign missions located in Nepal,
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Foreign representatives having obtained recommendation from the Ministry of Information and Communications to work in foreign newspapers and news agencies,
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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:
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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.
- (a) Non-residential Nepalese Visa :
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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-
| Category of visa |
Visa issuing and renewing authority |
| 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.
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| 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.
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| 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.
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| 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.
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| 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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- The Ministry of Foreign Affairs shall, on a monthly basis, furnish the Department with the details setting out the name, nationality, passport number and visa period of the persons to whom visas have been issued under clauses (a) and (b) of sub rule (1).
- The Ministry of Foreign Affairs shall, on a monthly basis, furnish the Department with the details of revenue collected while issuing visas by the mission under the clauses other than clauses (a) and (b) of sub rule (1)
- If the recommendation for visa has been made from the concerned agency, the Visa Issuing Officer shall have to issue visa generally within seven days from the date of registration of such recommendation.
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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:
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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:
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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.
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If he becomes insane or goes mad.
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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.
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If his conduct is found to be suspicious or if he carries out, or causes to be carried out, any undesirable activities.
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If his presence seems to result in adverse impact on the social and culture environment in the Kingdom if Nepal.
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If he violates, or causes to violate, the Act, these Rules and other prevailing law.
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If he carries out any other acts or things not in consonance with the purpose for which the visa has been iss
- 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 :
- he 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 until he departs by another flight.
- In cases where a foreigner is to stay for a period over than that prescribed in the visa due to circumstances beyond his control, or in case of getting it regulated under sub-rule (1) of Rule 29.
31 A. Authority to exempt visa fee:
The following authority may exempt or rebate visa fee in the following condition:
- On the condition as referred to in clause (a) (b) and (c) of Rule 31---------------- Ministry of Foreign Affairs
- On the condition as referred to in clause(e) and (f) of Rule 31--------------------------------- Director General.
- On the condition of clauses (d) and (g) of Rule - 31 Director General on the recommendation of the concerned Ministry.
- On the condition of clause (b) of Rule 31- Immigration Officer
- On the condition of clause (i) of Rule 31
- For one week- Director General or Immigration Officer
- For the period of more than one week- Ministry of Home Affairs.
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