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A step-by-step guide to obtaining a working/business visa in Nepal

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No foreigner can work in Nepal without getting a working/business visa from the Department of Immigration. A working visa is issued to a foreigner willing to work in Nepal.

There are four major laws relating to the working visa in Nepal.

  1. Immigration Act 2049
  2. Immigration Rule 2051
  3. Labor Act 2074
  4. Labor Rule 2075

It is a must to obtain a labour permit for a working/business visa in Nepal. Here is a step-by-step guide to obtaining a working/business visa in Nepal based on these laws.

1. Procedure for obtaining a working visa

 The steps to obtain a working/business visa are mentioned as follows:

Step 1: Registration of company/organisation
RequirementRemarks
The company is required to be registered as an Industry at the Department of Industries.The company should be registered in one of these categories: cottage industry, small-scale industry, large-scale industry,
Step 2: Publication of advertisement
RequirementContents of the advertisement
The company is required to publish an advertisement in a national daily newspaper or magazine twice within 15 days at the gap of seven days, looking for workers to work for the company.1. The advertisement should clearly state that the priority should be given to local people for the vacant post.
2. The advertisement should clearly classify and mention the post and its scope of work.
Step 3: Selection of candidate
RequirementRequired documents
1. The company is required to collect the applications. Priority should be given to the local human resources.
There are two conditions for making the decision to appoint a foreign national:
a. If there is no application from the local workers
b. If the application from a Nepali national is not qualified as per the required criteria of the advertisement.
2. The board meeting of the company shall decide to appoint the foreign national stating that the local workforce is not available or the qualification of local national is not sufficient and the company, hence, has resolved to appoint the concerned foreign national in the vacant post.
Board minutes
Step 4: Obtaining a recommendation from the Ministry of Industry
RequirementRequired Documents
The company is required to apply for the recommendation. The application must provide the evidence showing the necessity of the engagement of the foreign nationals and unavailability of the Nepali workforce.1. Application for the approval of foreign employment
2. Passport (valid for at least six months)
3. Company registration certificate, memorandum of association, and articles of association
4. Certificate of the permanent account number (PAN) of the company
5. Tax clearance certificate of the company
6. Employment contract entered between the company and the foreign national recommended to be employed in the company
It can be provided in such an employment contract that it will become effective after receiving necessary approvals from the government authorities.
7. Bio-data of the foreign national, copies of certificates of educational qualification, and training if any      
8. Original copy of the advertisement published in a national level newspaper   
9. Board minute of enterprise resolving the issue related to the appointment of the foreign national for the post due to the unavailability of the Nepali or unavailability of qualified Nepali workers or any evidence showing that the concerned Nepali worker is not eligible for the post
10. Details of the Nepali workers that would be replaced by the foreigner for that post
11. Applications and other documents submitted by the Nepali applicants and other documents pursuant to the advertisement, if any (These documents shall be certified by the company.)
12. Progress report of the company
13. Supervision report of the company
14. Passport-size photos of the foreign national
15. Any other documents requested by the concerned authority at the time of obtaining the recommendation  
Step 5: Obtaining a recommendation from the Ministry of Home Affairs
RequirementDocuments required
The Ministry of Industry provides a recommendation letter to the Ministry of Home Affairs regarding the recommendation to obtain the work permit.1. Recommendation letter obtained from the Ministry of Industry
2. Copy of passport
3. Original copy of updated bio-data (four copies)
4. Other documents submitted to the Ministry of Industry
Step 6: Obtaining a recommendation from the Department of Labour
RequirementDocuments required
The applicant is required to submit the recommendation letter obtained from the Ministry of Home Affairs to the Department of Labour    1. Recommendation letter obtained from the Ministry of Industry
2. Recommendation letter obtained from the Ministry of Home Affairs
3. Voucher of Rs 10,000/- (Rupees ten thousand) paid to the Department of Labor
4. Other documents submitted to the line ministries may be required
Step 7: Obtaining the visa

At the final step, the applicant is required to submit the recommendation from the Department of Labour (labour permit) to obtain a visa.

Following agencies are provided with the authority to issue a working visa as provisioned in the Immigration Rule 2051.

  1. A Nepali embassy situated in a foreign land
  2. The Department of Immigration with the approval of the Nepal government

2. Validity of a working/business visa

The validity of the visa shall be at least a month up to one year and can be renewed yearly or for whole five years at a time. Any foreigner willing to extend the time limit of his/her visa can do so, by writing an application addressing the directors of the Department of Immigration and authority-holding officers of the Ministry of Foreign Affairs of Nepal.

3. Visa fees

Anyone applying for a working visa shall pay 75 USD per month. Further, for a single re-entry facility, an additional 20 USD and for a multiple re-entry facility additional 60 USD are required.

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Regmi is an advocate associated with Associates Hub Law Firm.

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