Immigration Act & Rules
Nepal’s Immigration Act, 2049 and Immigration Rules, 2051 require foreign nationals to hold both a valid visa and a separate work authorization before performing any employment activities. Because labour approvals from DoLOS and working visas from the Department of Immigration are distinct, sequential processes managed by separate ministries, HR professionals must verify compliance before work begins, align expiry dates centrally, manage role or employer changes proactively, and properly handle dependent family visas and offboarding procedures.
Disclaimer:
Unofficial translation and educational summary. This publication is intended to reflect the relevant Nepali legislation and regulatory framework, including amendments and materials reviewed up to 1 September 2026. It is not a certified consolidated translation. If the English wording, section reference or summary differs from the official Nepali text or Nepal Gazette, the official Nepali text prevails.
At a Glance
The Immigration Act, 2049 and Immigration Rules, 2051 govern the entry, stay and departure of foreign nationals in Nepal. They provide the framework for visa categories, conditions of stay and immigration compliance.
For employers, the key consideration is whether a foreign national’s visa status permits their intended work in Nepal. HR must consider immigration requirements alongside applicable labour authorization and keep both aligned throughout the employment relationship.
Why This Matters
A foreign national may have permission to stay in Nepal without permission to work. Employers must therefore check that the individual’s visa status and applicable work authorization support the proposed employment before work begins.
These requirements also need attention when approvals expire or employment circumstances change. Gaps can interrupt employment and create compliance risks for both the employer and the employe
Major Provisions / Issues to Understand
1. Visa Category and Purpose of Stay
Section 3 of the Immigration Act, 2049 establishes the general requirement for foreign nationals to hold a passport and visa to enter and stay in Nepal, subject to applicable exemptions. The Immigration Rules, 2051 prescribe visa categories and their conditions.
HR should confirm that an incoming employee’s visa category permits the intended activities and that any required work authorization is in place before employment begins. Checking visa validity alone is insufficient; permission to stay does not automatically mean permission to work.
2. Work Activity Must Align with Immigration Status
A foreign national’s immigration status must permit the work they intend to perform in Nepal. A tourist visa does not authorize employment, even while a working-visa application is being processed.
Before assigning duties, HR should confirm that the required work authorization and appropriate immigration status are in place. A signed contract, pending application or urgent business need does not authorize an employee to begin work.
3. Labour Approval and Immigration Processes Are Distinct
The Labour Act Section 22 work permit from DoLOS and the Non-Tourist working visa from the Department of Immigration are two separate approvals from two separate ministries, run sequentially — the work permit (plus, typically, a work-agreement recommendation from the Ministry of Home Affairs) is generally a precondition for the visa, not a parallel or interchangeable process. HR should build a single timeline covering both approvals rather than tracking them in separate, disconnected workstreams.
4. Visa Extension and Renewal (Immigration Rules, 2051, Rule 12)
Rule 12 assigns extension/renewal authority differently by visa category (e.g. certain visas renewed by the Director General, others with different delegated authority); extensions must be sought before the current visa expires. HR should calendar every expatriate’s visa expiry date centrally and start the renewal process with enough lead time for normal processing delays, rather than treating renewal as a same-week task.
5. Change of Employer, Role or Visa Status
A working visa is issued on the basis of supporting employment documents and government approvals. HR should not assume that it automatically covers a move to another employer or a materially different role.
Before implementing the change, confirm with the relevant labour authority and the Department of Immigration whether fresh approvals, revised documents or a new visa application are required. Complete the applicable process before the employee starts the new duties.
6. Dependent and Family Visa Status
Where the foreign employee is engaged under FITTA Section 27, the Department of Industry’s visa-recommendation function extends to minor family members as well as the employee; the Immigration Rules separately provide dependent-visa arrangements tied to a principal visa holder’s status. HR should include dependents in the expatriate mobility package planning from the outset rather than treating family visas as the employee’s personal matter to sort out separately.
7. Exit and cancellation (Sections 8, 9)
When a foreign employee’s employment ends, HR should review the immigration arrangements alongside the labour-authorization closeout. Confirm with the Department of Immigration whether visa cancellation, a change of status or other formalities are required, particularly if the individual intends to remain in Nepal.
Section 7 of the Immigration Act, 2049 and Rule 28 of the Immigration Rules, 2051 address visa cancellation powers and grounds, while Section 9 addresses deportation. HR should retain evidence of the applicable notifications, immigration decisions and departure or approved change of status.
What Employers Should Know
Verify before work begins: Check the employee’s passport, visa category and applicable work authorization before assigning duties.
Track approvals together: Maintain one calendar for passport, visa and labour-approval expiry dates, with clear responsibility for renewals.
Review employment changes: Confirm the required approvals before changing the employer, role or basis of stay.
Plan for accompanying family: Check dependent eligibility, supporting documents and renewal requirements separately.
Document the full employment cycle: Retain approvals, renewal records and evidence of the immigration steps taken when employment ends.
What Employee Should Know
Understand your visa category, its conditions and the work you are authorized to perform. Keep copies of your passport, visa, work permit and employment contract, and monitor their expiry dates alongside HR.
Inform HR before changing your role or employer, or making plans to remain in Nepal after employment ends. If family members accompany you, check their visa conditions separately; dependent status does not itself grant permission to work.
International Employer Alert
Overseas employment contracts, group-company arrangements and foreign payroll do not by themselves establish permission to work in Nepal. Before assigning a foreign national to a Nepal operation or project, assess the activities they will perform and the applicable labour and immigration requirements.
Coordinate this review with any relevant tax, corporate, foreign-exchange and sector-specific requirements. Each approval serves a different purpose; one should not be treated as clearance for the entire arrangement.
HR Check — Evidence to Maintain
☐ Passport and current visa copies, including visa category and expiry date
☐ Applicable work permit, work agreement and government recommendations
☐ Employment contract and details of the approved employer and role
☐ Renewal calendar, application records and approval confirmations
☐ Dependent visa records where HR coordinates family immigration arrangements
☐ Records of approvals or guidance obtained for employment changes
☐ Offboarding records, including applicable immigration notifications, cancellation or change-of-status decisions, and departure evidence
Myth vs Law
MYTH: “Renewing the work permit automatically extends the employee’s visa.”
LAW: A work permit and a visa are separate approvals. HR must check and complete the applicable renewal process for each; renewal of one does not automatically renew the other.
Practical Example
A company recruits a foreign specialist who arrives in Nepal on a tourist visa while the required employment approvals are being processed. The manager asks the specialist to begin project work immediately because the assignment is urgent.
HR checks the individual’s status and postpones the start of duties until the required work authorization and appropriate visa are in place. The company then updates its joining process to distinguish the employee’s arrival date from the date they are cleared to begin work.
FAQs
Can a foreign employee start work while their working-visa application is pending?
A pending application does not itself authorize employment. The required work authorization and appropriate immigration status must be in place before work begins.
Does renewing a work permit automatically renew the visa?
No. Work permits and visas are separate approvals, and each requires the applicable renewal process.
Can an employee continue using the same visa after changing employers or roles?
Do not assume so. Confirm with the relevant labour authority and the Department of Immigration whether fresh approvals, revised documents or a new visa application are required before the change takes effect.
Can an accompanying spouse work on a dependent visa?
Dependent status does not itself authorize employment. The spouse must obtain the required work authorization and appropriate visa before starting work.
What should HR do when a foreign employee leaves the organization?
Review the labour and immigration requirements, confirm any necessary notifications, cancellation or change-of-status steps, and retain evidence of the actions taken.
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