Without a working/business visa from the Department of Immigration, no foreigner can work in Nepal. A foreigner who wants to work in Nepal is given a working visa.
In Nepal, there are four major laws that govern working visas.
In order to obtain a working/business visa in Nepal, you must first obtain a labor permit. Centered on these rules, here is a step-by-step guide to obtaining a working/business visa in Nepal.
1. Procedure for obtaining a working visa
The following are the steps to obtaining a working/business visa:
The first step is to register your business or organization.
|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
|Requirement||Contents 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
|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.
Step 4: Obtaining a recommendation from the Ministry of Industry
|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 doplusents submitted by the Nepali applicants and other doplusents pursuant to the advertisement, if any (These doplusents 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 doplusents requested by the concerned authority at the time of obtaining the recommendation
Step 5: Obtaining a recommendation from the Ministry of Home Affairs
|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 doplusents submitted to the Ministry of Industry
Step 6: Obtaining a recommendation from the Department of Labour
|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 doplusents submitted to the line ministries may be required
Step 7: Obtaining the visa
To receive a visa, the applicant must apply the Department of Labor’s recommendation (labor permit) in the final phase.
According to Immigration Act 2051, the following authorities have the authority to issue a working visa.
- A Nepali embassy situated in a foreign land
- The Department of Immigration with the approval of the Nepal government
2. Validity of a working/business visa
The visa must be valid for at least one month and up to one year, and it can be extended annually or for a total of five years. Any foreigner who wishes to extend the validity of his or her visa can do so by writing to the directors of the Department of Immigration and authority-holding officers of Nepal’s Ministry of Foreign Affairs.