Citizenship 2081-01-22

1. What is citizenship?

• Citizenship refers to the protection of rights by establishing legal relations with the state through documents. It exists as a bridge between the state and the citizen. Citizenship is membership in a political community. It indicates the status of the relationship between the state and the individual.

2. What types of citizenship are currently distributed in Nepal?

According to the Constitution of Nepal and the Nepal Citizenship Act of 2063, the following types of Nepali citizenship certificates are currently distributed in Nepal:

• Citizenship by descent
• Citizenship by naturalization (including naturalization through marriage)
• Non-residential Nepali citizenship
• Honorary Nepali citizenship

3. Who can obtain Nepali citizenship based on descent?

According to Section 3 of the Nepal Citizenship Act, 2063, the following individuals based on descent can obtain Nepali citizenship:

(1) If someone's father or mother is a Nepali citizen at the time of their birth, then that person can obtain Nepali citizenship through descent.
(2) Even if the conditions mentioned in (1) are not met, a child born to a Nepali citizen woman who marries a foreign citizen is eligible for citizenship under subsection (2) of Section 5.
(3) Any minor born within the territory of Nepal, whose fatherhood or motherhood is unknown until the address of the father or mother is not known, will be considered a Nepali citizen through descent.

4. Who can obtain Nepali citizenship by naturalization?

According to Section 5 of the Nepal Citizenship Act, 2063, individuals falling under the following categories can obtain Nepali citizenship certificates by naturalization:

• Foreign women married to Nepali citizens
• Children born to Nepali citizen women who married foreign citizens (if born in Nepal and have permanent residence in Nepal and if the basis of citizenship is the father's nationality, the child will not obtain foreign citizenship)
• Individuals who have made special contributions in the fields of science, philosophy, arts, literature, world peace, human welfare, or in Nepal's industrial, economic, or social development, as deemed appropriate by the Nepali government
• Children born to parents who have obtained Nepali citizenship by naturalization, but were born before their parents acquired naturalized citizenship themselves, are eligible for Nepali citizenship.

5. Can I obtain citizenship based on birth?

• Before the issuance of the current Constitution of Nepal, Nepali citizenship used to be distributed based on birth. There is no provision in the current constitution regarding obtaining Nepali citizenship based on birth.

6. What arrangements are there regarding verifying details if there are discrepancies in the Nepali citizenship certificate?

In relation to amending the Nepali Citizenship Act, 2063 (2006) in section 17 regarding the verification of details in the Nepali citizenship certificate, the following provisions have been made:

(1) If any individual wants to rectify a discrepancy in their Nepali citizenship certificate related to their name or age, or educational qualification, or if there is a error in the citizenship certificate, they must submit an application along with necessary evidence to the authorized officer for verification.
Clarification: For the purpose of this subsection, "error" means discrepancies such as incorrect names like "Kumari", "Devi", "Bahadur", "Prasad", etc., or additions, omissions, or differences in size, shape, or structure mentioned in the citizenship certificate.
(2) After receiving the application as per subsection (1), the concerned officer, after verifying the evidence and if necessary, taking into account witnesses, may amend the details once verified, by issuing a new citizenship certificate in place of the one previously issued.
(3) In case of divorce or separation, if a woman wishes to amend her name, address, or other details, the authorized officer, after understanding the necessary matters, may issue a new citizenship certificate after amending the name, address, or details based on the previously issued citizenship certificate.

7. What needs to be done to amend the surnames of individuals of Dalit community?

• When there is evidence of discrimination or marginalization based on caste identity in society, and if an individual from the Dalit community requests a change in their surname different from that of their father, and if found eligible, they may apply for a new surname or amend the surname in their citizenship certificate. For this purpose, the individual must submit a recommendation from the local authority along with an application to the authority empowered to provide Nepali citizenship certificates, including the amendment, along with supporting documents.

8. What happens if false information is presented while applying for citizenship, or if citizenship is obtained through false means?

• In the Nepali Citizenship Act, 2063 (2006), in section 12, if any Nepali citizen provides false information and is found to have obtained Nepali citizenship, the authorized officer may cancel such citizenship. If there is such provision, as in section 13, no one can obtain citizenship from more than one source. Similarly, if any foreigner provides false information or statement according to section 14, claiming to be a Nepali citizen, and if such false claim is proven, the Government of Nepal may cancel the Nepali citizenship obtained by the individual and order the removal of Nepali citizenship. Such provision exists.
• In section 21 of the Act, if false information is presented while applying for Nepali citizenship, or if citizenship is obtained through false or double means, the following provisions for punishment are made:

(1) If any foreigner claims Nepali citizenship with false information and obtains Nepali citizenship, they will be imprisoned for one to five years or fined from fifty thousand to one hundred thousand rupees or both. If found guilty of providing false information and obtaining citizenship, the citizenship obtained in such manner shall be automatically cancelled.
(2) If anyone is involved in the act of providing citizenship based on false information to a foreigner or recommends or approves it, they will be imprisoned for three months to three years or fined from twenty-five thousand to fifty thousand rupees or both.
(3) If anyone falsifies or counterfeits a citizenship certificate or uses it in any way, they will be imprisoned for three months to ten years or fined from ten thousand to one hundred thousand rupees or both.
(4) If someone is found guilty of altering the details in a valid citizenship certificate or presenting false information, they will be imprisoned for three months to one year or fined from ten thousand to twenty-five thousand rupees or both.
(5) If someone knowingly makes false claims while applying for citizenship under section 12 or presents false verification under section 17, they will be fined up to fifteen thousand rupees.
(6) If any official or employee knowingly makes false verification or provides citizenship certificate with false details contrary to the provisions of this Act or the Rules made under this Act, they will be subject to departmental action according to prevailing laws.
(7) Under subsections (1), (2), and (3), the punishment for committing an offense for which a penalty is imposed or assisting in committing an offense will be half of the prescribed penalty.

9. What fees are required to obtain citizenship certificates?

• No fees are required to obtain Nepali citizenship certificates.

10. What are the conditions that must be fulfilled by a person obtaining citizenship?

According to the Citizenship Certificate Distribution Procedure, 2063 (2006) and section 62 of the Act, the conditions to be fulfilled by a person obtaining citizenship are as follows:

• Complete details must be filled in the prescribed form and submitted as an application.
• Necessary documents as per the application must be provided.
• Only a Nepali citizen can apply.
• The applicant's name, surname, caste, father's name, address, nationality details must be correctly provided. The form must be filled correctly.

11. Can a person without a mother or father's address obtain Nepali citizenship?

• According to Article 11(4) of the Constitution of Nepal, if the address of parental lineage and maternal lineage is not known, any minor child can obtain Nepali citizenship based on the lineage of their ancestor until both parents' addresses are found. If such provision exists, as in Article 11(5), a person born in Nepal, residing in Nepal, but unable to identify their father and whose father's identity cannot be ascertained, can obtain Nepali citizenship based on their lineage. However, if the father is a foreigner, the citizenship of such person shall be converted into recognized citizenship as per federal law. Such provision exists.

12. Is it possible to obtain Nepali citizenship from the mother's name?

• According to Article 12 of the Constitution of Nepal, this Constitution provides for obtaining Nepali citizenship with the gender identification from the name of the mother or father. If such provision exists, when a person is entitled to Nepali citizenship based on the name of the mother according to the lineage, the Nepali citizenship certificate with gender identification from the mother's name can be obtained.

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