Process for Obtaining Work Permit for foreign nationals in Nepal- Immigration lawyer in Nepal

This article briefs details process of acquiring work permit for foreign nationals in Nepal who is willing to work in Nepal with the help of employer.

1. Introduction of work permit:

Work permit is a legal authorization for doing job in a foreign country. If a foreign national wants to do job in Nepal, it is mandatory to get a work permit.

As per Article 22 of Labor Act, 2017, no employer shall employ any foreign citizen as a labor without obtaining the work permit from the Department of Labor.

2. Governing laws for Work Permit in Nepal

• The Labor Act, 2017 (2074).
• Labor Rules, 2018 (2075).
• Foreign Citizen Labor Permission Directive 2019 (2075).

3. Authorities permitting Work Permit in Nepal

1. Ministry of Labor and Occupational Safety, Nepal (DoL) issues work permit
2. Department of Immigration (DoIM) issues working non-tourist visa
3. Ministry of Home Affairs provides no objection letter to applicant for work permit.

4. Circumstances for approving work permit to foreign labor in Nepal

Governing Authorities provide work permit as per Article 22 (2) of Labor Act 2017 on the following circumstances:

1. Unavailability of skilled human Resources in Nepal:
2. Obtaining Work Permit by Direct Recording:

5. Circumstance for issuing Work Permit based on Records Maintained

Department of Labor may, upon maintaining the records, issue the work permit to foreign nationals in the following circumstances:

1. The chief executive of an enterprise with foreign investment or operated with foreign assistance and such number of labors as prescribed to work in that enterprise,
2. Any technician who comes to repair or maintain any machinery objects or installs any new technology or to do similar other unforeseen work for a period of three months or less than three months.

6. Exceptions for not requiring work permit in Nepal

1. Where he or she is entitled to diplomatic immunity.
2. If not required to obtain a work permit under any treaty or agreement concluded with the Government of Nepal (GoN).

7. Process for obtaining Work Permit in Nepal

1. Publish and advertisement of vacancy announcement in national daily newspaper or job protal of Ministry of Labor
2. Submission of application for work permit before DoL along with required documents
3. DoL may ask for a non-objection letter from the Ministry of Home Affairs (MoHA)
4. Issuance of Work Permit by DoL after examination

Note; The advertisement should cover (a) position, number of employees required and their job specification, (b)Minimum education, experience and training requirement, (c) Selection method, (d) Place and last date of submission of application, (e) other documents as per requirement to be attached with the application.

8.Documents required for applying Work Visa

1. Application on DoL format
2. Original copy of advertisement published in national daily newspaper and Job Portal of Ministry of Labor
3. Notarized copy of Passport (having validity of minimum six months)
4. Bio-data
5. Employer’s tax clearance certificate
6. If job application submitted by Nepalese citizen, short brief on their qualification, experience and selection process
7. Action Plan to replace the foreign national by Nepali national
8. A copy of consent of Ministry of Home Affairs, if required

9.Duration of work permit in Nepal

The maximum period of Work permit is for five (5) years for the expert in technical field and for three (3) years for others.

 10.Provisions on extension or renewal of work permit in Nepal

1. The validity period of the work permit is extended in very limited situation.
2. As provided in the Labor Rules, the validity period of the work permit may be extended for further 2 (two) years by the Department of Labor with the approval of the Ministry of Labor in case of foreign nationals who has made notable contribution.
3. The Labor Rules requires foreign nationals to renew the work permit prior to 30 days of its expiry.

11. Documents required for extension or renewal of work permit

1. A copy of consent of Ministry of Home Affairs, if required
2. Progress report of action plan to replace foreign national by Nepali national
3. Receipt of payment done while applying work permit for first time
4. Other documents and details as deemed necessary by the Ministry of Labor

12.Maximum number of foreign employees that can be hired

1. Only up to 5 % of total number of workers required can be hired expect in case of diplomatic immunity and if special agreement is signed with the Government of Nepal.
2. Maximum three (3) foreign nationals including CEO can be given work permit if there is no mention of such in the agreement made between the Government of Nepal and the entity having foreign investment or running from foreign aid.

13.Time required obtaining a work permit in Nepal

The time for obtaining the work permit may generally take between 30 to 45 days.

14. Fees for issuing work permit in Nepal

DISCALIMER: Remember to check the latest information and requirements from the official sources, such as the Department of Labor and Occupational Safety of Nepal as procedures and requirements may change over time.

Please contact us today itself if you are in search of  Immigration Lawyer in Nepal for obtaining work permit for foreign nationals connect us on +9779841933745 or email info@lawinpartners.com

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