Nepal 2015 Constitution (reviewed 2016)

Part 2. Citizenship

10. Not to be denied of citizenship

1. No Nepali citizen shall be denied the right to acquire citizenship.
2. There shall be a provision of single federal citizenship with provincial identity in Nepal.

11. To be deemed citizen of Nepal

1. Persons who have acquired citizenship of Nepal at the commencement of this Constitution and persons who are eligible to acquire citizenship pursuant to this Part shall be deemed citizens of Nepal.
2. At the commencement of this Constitution, the following persons who have their permanent domicile in Nepal shall be deemed citizens of Nepal by descent:
   1. A person who has acquired the citizenship of Nepal by descent before the commencement of this Constitution.
   2. Any person whose father or mother was a citizen of Nepal at the birth of such person.
3. A child of a citizen who has acquired the citizenship of Nepal by birth before the commencement of this Constitution, shall acquire the citizenship of Nepal by descent after becoming adult if his/her father and mother are both citizens of Nepal.
4. Every child who is found in Nepal and whose parents’ identity is not known shall, until the father or mother of the child is traced, be deemed citizen of Nepal by descent.
5. A person, born in Nepal to a Nepali citizen mother, who has domicile in Nepal and whose father is not identified, shall be granted citizenship of Nepal by descent.Provided that in case his/her father is proved to be a foreign citizen the citizenship of such a person shall be converted into naturalized citizenship as provided for by the federal law.
6. If a foreign woman married to a Nepali citizen so wishes, she may acquire naturalized citizenship of Nepal as provided for by the federal law.
7. Notwithstanding anything contained elsewhere in this Article, in case of a person born to a Nepali woman citizen married to a foreign citizen, who has permanent domicile in Nepal and has not acquired citizenship of a foreign country, he/she may acquire naturalized citizenship of Nepal as provided for by the federal law.Provided that at the time of acquisition of citizenship, both his/her mother and father are citizens of Nepal such person born in Nepal may acquire citizenship of Nepal by descent.
8. Except provided for in this Article, the Government of Nepal may grant naturalized citizenship of Nepal as provided for by the federal law.
9. The Government of Nepal may grant honorary Nepali citizenship as provided for by the federal law.
10. In case any territory is acquired by Nepal by way of merger, persons having domicile in such territory shall be citizens of Nepal subject to federal law.

12. Citizenship based on descent and gender identity

According to this Constitution, a person who acquires citizenship of Nepal by descent may obtain citizenship certificate of Nepal in the name of his/her mother or father with gender identity.

13. Acquisition, re-acquisition and termination of citizenship

Other provisions relating to the acquisition, re-acquisition and termination of citizenship shall be as provided for by the federal law.

14. Non-resident Nepali citizenship may be granted

A person who has acquired citizenship of a foreign country and who resides in a country other than a country member of South Asian Association for Regional Cooperation and who previously himself or herself or his/her father or mother, grandfather or grandmother was a citizen of Nepal by descent or by birth and who later acquired the citizenship of a foreign country may be granted non-resident citizenship of Nepal allowing him/her to enjoy the economic, social and cultural rights as provided for by the federal law.

15. Other provisions related to citizenship of Nepal

Record keeping of each citizen of Nepal along with his/her identity and other provisions regarding citizenship of Nepal shall be as provided for by the federal law.