Do you know about Business Visa and  Working Visa in Nepal

Do you know about Business Visa and Working Visa in Nepal

The Foreign Investment and Technology Transfer Act, 2019 has provided a way to invest by a foreign nationals. It has said that a foreign investor may make foreign investment in any industry and derive gains from such investment. Technology Transfer is major component for the investment by the foreign nationals from which he/she can get the business visa.

Visa (Visitors International Stay Admission) is an official document which allows you to enter or leave a particular country. Visa is considered as one of the important document when person is travelling to some other country.

This article intends to provide the basic information about the procedure to grant the business visa and working visa to the foreign nationals.

Department of Immigration is competent authority assigned with the responsibility of monitoring, controlling and regulating entry, exit and stay of foreign nationals in Nepal.

Here, are some of the frequently asked question related to procedure to grant the business visa and working visa in Nepal.

Q.1) What is Business Visa?

Ans) Business visa is a government issued document that allows foreign nationals to enter in the country for a business purpose. A country can issue business visa for different types of business purpose, for example investors, business event attendees, researchers, commercial and industrial service engineers.

Q.2) What is working visa?

Ans) A visa that allows to take a job in a country other than the one which is a citizen is working visa. It is a permission to take a job in foreign nation.

Q.3) What are the governing laws of the business visa and working visa in Nepal?

Ans) The governing laws of the business visa and working visa in Nepal are as follows,

1. Immigration Act, 2049

2. Immigration Rules, 2051

3. Immigration procedure, 2065

4. The Foreign Investment Technology Transfer Act, 2019

Q.4) What are the procedure to obtain business visa in Nepal?

Ans) Immigration Rules, 2051 has stated the types of visa and business visa is one of the types of visa. The procedure to obtain business visa are as follows;

1st step - An application to be made as per the format for the business visa. Application must include following documents;

1. Online application

2. Recommendation letter from Department of Industry or Concerned line agency of government

3. Bio Data (for the first time applicants)

4. Foreign investment acceptance letter from the Department of Industry

5. Copy of Company Registration Certificate

6. Copy of Passport and latest visa

7. Latest tax clearance

8.  Industry monitoring and supervision report

9. Progress report of company or industry

2nd step – Application along with the above mentioned documents need to be submitted to the Department of Immigration.

3rd step - DOI makes an enquiry upon the Application.

4th step – DOI decides whether to grant visa or not.

Q.5) Who can get the business visa?

Ans) A business visa shall be granted to the following foreigners with the recommendation of concerned agency;

1. Foreigners who has obtained a license to make investment in any trade or industrial enterprises in Nepal,

2. Foreigners who have obtained license to make investment in order to carry on export trade in Nepal.

3. Foreigners who visit Nepal from third countries and who purchase and export goods manufactured in Nepal.

Q.6) Is working visa permissible in Nepal?

Ans) working visa in Nepal lies in the category of Non-tourist visa. According to the Immigration Rule, 2051 Non-tourist visa is granted to those foreigners having obtained permission from the government of Nepal to work on remuneration basis in any firm/company/association/industry or enterprise within Nepal and also foreigners who come to Nepal to work, on the recommendation of concerned ministry, pursuant to an agreement or understanding agreed upon at the governmental or non-governmental level. So, with this we can say that working visa is permissible in Nepal.

Q.7) What are the procedure to obtain the working visa in Nepal?

Ans) The procedure to obtain working visa are as follows;

1st step - An application to be made as per the format for the working visa. Application must include following documents;

1. Recommendation letter from the concerned government line agency

2. Work permit from department labor

3. Work agreement from ministry of Home Affairs

4. Appointment/contract letter

5. Tax clearance of hiring organization/institution/agency

6. Tax clearance of applicant (for renewal) if taxes has been paid individually

7. General agreement with social welfare council (NGO/INGOs)

8. Passport and visa photo copy

9. Online form (working) link to online visa application.

2nd step – Application along with the above mentioned documents need to be submitted to the Department of Immigration.

3rd step - DOI makes an enquiry upon the Application.

4th step – DOI decides whether to grant visa or not.

Q.8) can visa be refuse to issue or to grant permission to enter into Nepal?

Ans) visa can be refuse to be issued or grant permission in following conditions;

1. Whose passport and visa seem to be doubtful,

2. Who have been deported from or who have been prohibited to entering in Nepal for having committed any act contrary to the Act of these Rules.

3. Who have already spent the period allowed for their stay pursuant to these Rules,

4. Who travel seem to be doubtful of those foreigners who intend to enter in Nepal.

Q.9) what are the fees of business visa and working visa?

Ans) Business visa fees

Business visa processing varies with the amount of investment made,

Investor investing less than 10 million (NRS)

USD 35/month, USD 400/year, USD 1000 for five years

Investor investing less than 10 million (NRS)

USD 20/month, USD 500 for five years

Investor investing less than 10 million (NRS)

No charges

If business visa applicant has made investment of more than 10 million (NRS), 'share Details' is mandatory along with other necessary documents for visa processing.

Working visa fees

Visa fee: 75 USD/month

Single Re – entry facility: Additional 20 USD

Multiple Re - entry facility: Additional 60 USD

This aricle is prepared by the Atish Maharjan, who is legal intern in the SADA Associates. Atish is currently working as a Research Assistant. Atish is pursuing Bachelor in law (B.A. LL.B.)  in kathmandu school of law. 

Above picture is taken from https://www.nowshenzhen.com/activities/the-difference-between-tourist-visa-business-visa-and-work-visa-in-china/ 

Please note that this guide is published for general information only and should not be considered as legal advice. You are requested to seek legal advice for specific factual situations. Please note that copyrights for this article vests on Sada Associates. 

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