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Procedure of obtaining Business Visa in Nepal

1. Background

If a foreign individual or a corporate entity from foreign jurisdiction intends to invest in Nepal, such individuals or representatives of the corporate entity must obtain a business visa in Nepal. This visa is necessary for their stay and for conducting business operations within Nepal. It's important to note that any foreign national wishing to work in Nepal must obtain either a business visa or a work permit in compliance with the country's regulations.

 

2. Law governing business visa in Nepal

The following laws are the primary legislation that govern the business visa in Nepal:
a) Immigration Act, 1992 (2049) (“Immigration Act”),
b) Immigration Rules, 1994 (2051) (“Immigration Rules”) and
c) Foreign Investment and Technology Transfer Act, 2019 (2075) (“FITTA”).

 

3. Governing Authority that provides business visa in Nepal

The Department of Immigration (“Immigration Department”) serves as the authoritative body responsible for the facilitation, regulation, and renewal of business visa in Nepal.

In practice, the issuance of a business visa by the Immigration Department typically involves obtaining a recommendation from relevant government authorities. Recommendation from the Department of Industry is required to receive the business visa in case of foreign investment companies in Nepal.

 

4. Eligibility to obtain business visa in Nepal

As per the Rule Number. 9 of Immigration Rules, the eligibility criteria forobtaining a Business Visa in Nepal are as follows:
i) Foreigners who have obtained a license to make investment in any trade or industrial enterprise in Nepal or an authorized representative of such trade or enterprise;
ii) Foreigners who have obtained a license to make investment in order to carry on export trade from Nepal;
iii) Foreigners who visit Nepal from third countries and who purchase and export goods manufactured in Nepal or make a purchase order for exports.

 

5. Visa for family member of individual investor and representative of company

As per Section 30 (2) of FITTA, the business visa is granted to individual foreign investors or their authorized representatives of corporate entity and family members, tied to maintaining the prescribed investment amount in Nepal. A part from individual investors and corporate entity representatives, individuals who are family members of investors or family members of representatives of company are eligible to apply for dependent visas. "Family member" here refers to spouse, parents, and minor children of the investor or representative. Visa recommendations (for representative and family members) will be processed, within a 2-day timeframe, by the Single Point Service Centre, provided that the following requirements are met:

S.N.Requirements
1.An approval letter for Foreign Direct Investment.
2.A copy of the applicant's passport.
3.Evidence of the appointment of an authorized representative.
4.Proof of the relationship, as validated by the competent authority of the applicant's country of residence or the Nepalese embassy.

 

6. Procedure of obtaining business visa in Nepal

One should follow the following general procedure to obtain business visa in Nepal:

 

7. Timeline to obtain business visa

Generally, it takes approximately 3 to 4 weeks to obtain business visa in Nepal.

 

8. Required Documents

The Department of Immigration issues the visa upon receipt of the following necessary documentation from the applicant:

S.N.Documents
1.A recommendation letter from the Department of Industry or the concerned line agency of the government.
2.The company's certificate of industry registration.
3.Bio Data, if you are a first-time applicant.
4.A Foreign Investment Acceptance letter from the Department of Industry.
5.Copies of Company Registration Certificate, PAN/VAT certificate, Share certificate, and Industry Registration Certificate.
6.Copies of Passport and latest visa.
7.Latest tax clearance certificate.
8.An Industry Monitoring and Supervision report.
9.A Progress report of the company or industry, in case of renewal.

 

9. Government fee required for obtaining business visa in Nepal

Investment Amount (NRP)Visa fee for 1 month (USD)Visa fee for 1 year (USD)Visa fee for 5 years (USD)
Investment amount Less than NRP. 10 millionUSD 35USD 400USD 1000
Investment amount More than NRP. 10 MillionUSD 20USD 200USD 500
Investment amount More than NRP. 100 millionNo chargesNo chargesNo charges

 

10. Time period of visa and renewal

The duration of a business visa spans from a minimum of one month to a maximum of five years. Typically, the Immigration Department grants an initial business visa for a duration of one year, and it is necessary to renew this visa on an annual basis.

 

11. Documentation needed for visa extension

Following documents has to be submitted before Immigration Department for the renewal of visa:

Document Need for Visa Extension in Nepal

 

Date of Publication: 11 September 2023

 

 

Disclaimer: Bhandari Law and Partners is one of the leading law firm in Nepal  with team of best professional lawyers in Nepal.This article published on website of the law firm is just for information purpose only. It shall not be taken as the legal advice, advertisement, personal communication, solicitation or inducement. Bhandari Law and Partners or any of the team members of the firm shall not be liable for the consequence arising of the information provided. As the factual situation may be different on your case, thereof if you need further legal advice on the subject matter, please Contact Us.

 

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