KATHMANDU, SEPTEMBER 6

Approval of the new Citizenship Regulations has opened the door for non-resident Nepalis to obtain Nepali citizenship.

The government will make regulations and implement them according to the Citizenship Act which was amended last May.

According to Under-secretary at the Citizenship Department Krishna Bahadur Katuwal, the regulations will be published within a few days in the Nepal Gazette. Citizenship Act, 2006 was amended after President Ramchandra Paudel today approved the bill to amend the Act.

Immediately after promulgation of the Act, the issue of granting citizenship to children of people who took citizenship in Nepal on the basis of birth before 2015 was implemented. But due to lack of regulations, other new provisions were hindered.

Now, the door has opened for implementation of other provisions too. Talking to THT, Katuwal said, 'The Citizenship Regulations have been approved by the Council of Ministers. Now it will be implemented.'

Section 7 of the Act has provisions related to citizenship for non-resident Nepalis. Likewise, section 7 (a) 1 stipulates: 'A person can obtain NRN citizenship if s/he has obtained the citizenship of a foreign country and resided in a country other than member countries of the SAARC and acquired the citizenship of a foreign country if his/her father or mother, grandfather or grandmother was a citizen of Nepal by descent or birth in the past.'

According to the Ministry of Home Affairs, there are more than 1.5 million NRNs in various countries.Those who get such citizenship will not be allowed to vote or participate in politics, nor can they hold government posts. However, they can do business and enjoy the right to property in both countries.

The regulation has clarified the process and criteria for obtaining Nepali citizenship for NRNs. The applicant or his/her parents or grandparents must submit a proof that they were or are citizens of Nepal. If a person has taken Nepali citizenship in the past, proof of relinquishing it and proof of citizenship of a foreign country will be required. Additionally, a provision in the Act and Regulations requires commitment to comply with the constitution and laws of Nepal. An oath must also be taken.

There is also a provision for revoking citizenship if a person who has taken such citizenship acts against the independence, sovereignty, geographical integrity and national interest of Nepal.

The bill also allows the applicant to obtain citizenship in the name of the mother.

Similarly, in case the birth of a Nepali mother and the identity of the father is not revealed, they will be allowed to keep the surname and address of the mother or father.

Although the majority of NRNs are happy at being able to obtain citizenship, some non-resident Nepalis are demanding that the new citizenship should be recognised as that of descent.

They said they would not take citizenship that would break their descendants' relationship with the state.

To get this citizenship, one has to submit a certificate of relinquishment of Nepali citizenship.

Since most of the non-resident Nepalis who have acquired foreign citizenship have not yet renounced their Nepali citizenship, they must first renounce their Nepali citizenship to apply for NRN citizenship.

A version of this article appears in the print on September 07, 2023, of The Himalayan Times.