What standards were introduced in the past? Which provisions were repealed? What is required when traveling now?
The Ministry of Home Affairs has started efforts to control extortion and malpractices that have flourished due to the 'strict' norms and procedures issued to 'block' the possibility of going abroad on visit visas. To this end, the Ministry of Home Affairs has repealed the 'strict' provisions of the procedures issued two years ago and has implemented 4-point 'traveler-friendly' norms.
Ram Chandra Tiwari, Director General of the Immigration Department, believes that the revised standards will control the activities of middlemen and make it easier for visa holders to travel to their destination countries. In the past, the Ministry of Home Affairs had publicly criticized the government for setting standards and deadlines to discourage the activities of middlemen and organized gangs, saying that the state's own rules/guidelines were an obstacle to smooth travel.
The last time, in June, when Tribhuvan International Airport's immigration chief Tirtharaj Bhattarai was caught by the CIAA on charges of being involved in the business of extorting money from passengers traveling on visit visas, the extent of the extortion business under the guise of visit visas was exposed.
The Department of Immigration has submitted a draft to the Ministry of Home Affairs with an initiative to amend the previously issued standards and procedures and make them more traveler-friendly. Home Minister Om Prakash Aryal has amended the 6-point standards related to visit visas and established 4 points through a ministerial decision on 13 Kartik. We have tried to explain the new provisions related to visit visas in 5 questions and answers.
What were the provisions in visit visas?
Nepali citizens go abroad on visit visas to meet and travel with relatives in different countries. However, there is a tendency to go abroad with a visa for one purpose and stay there for employment after reaching the destination country. Incidents of hiding there on visit visas, some of whom have faced labor and physical exploitation, are also linked to visit visas. However, instead of finding alternatives and means to manage it and increasing the activity of the concerned bodies, the government's policy decisions were made directly at the level of imposing restrictions on travel, and the illegal benefits were being reaped by organized gangs, who were helped by immigration officials.
The then Home Minister Balkrishna Khand had issued 17-point criteria related to visit visas. At that time, the criteria were brought in such a way that the financial status of those going on visit visas was also checked. A controversial 17-point provision was issued to include conditions such as ‘having an annual taxable income of Rs 500,000, half of which should be in the bank, having visited the Gulf twice and once in other countries, having passed 12th standard, being able to speak English, having been ‘sponsored’ by someone from abroad or invited by relatives, having to provide a document proving the relationship, and otherwise mentioning the details of the sponsor’, along with double air tickets and hotel bookings.
Based on this, it was revealed that immigration officials, travel agencies, airline operators/employees, manpower and middlemen were exploiting passengers financially. There was public opposition to this standard. However, when the government forcibly implemented it, some travelers used to pay money to gangs and fly abroad. There were also cases of passengers who were not in the gang's setting being turned back from the airport at the last minute.
Which provisions were removed two years ago?
Most of the previous points were removed in the 17-point provisions introduced when Maoist leader Narayan Kaji Shrestha was the Home Minister. However, some provisions that were inconvenient for passengers were retained. Through a decision at the Home Minister's level, Shrestha implemented provisions such as a passport with a six-month validity, a visa for the destination country, a double air ticket, travelers must carry $500 with them, hotel bookings in the destination country, and submission of three-generation details of the relationship if the traveler is staying with relatives/relatives. There was a demand to remove this provision as well, saying that this provision was also hindering smooth travel and that people were forced to pay money to the gang as an alternative. Last time, in Jestha, the airport immigration chief was caught in the trap of the CIAA in a money-extortion business in a setting with a gang.
Which provisions are in place now? How to make it easier for travelers?
The KP Sharma Oli-led government was dissolved with the Gen-G movement of 23 and 24 Bhadra. After that, former Chief Justice Sushila Karki became the Prime Minister and advocate Om Prakash Aryal became the Home Minister.
During the Oli government, Joint Secretary of the Ministry of Home Affairs Tirtharaj Bhattarai was caught in the trap of the CIAA in the visit visa case. Along with him, other employees of the Immigration and Home Ministry were also drawn into the circle of suspicion. In that case, the then Home Minister Ramesh Lekhak was also questioned from the parliament to the streets, but Lekhak remained in the post of minister. He resigned from his post on the same day after 22 youth/students were killed due to the repression by the opposition in the Genji movement on 23 Bhadra. The next day, Oli was also forced to resign.
Immigration officials say that the new provision will not only stop extortion but also pave the way for easy travel. According to the latest standards issued on Thursday, now a provision has been implemented that requires a 'valid passport with a validity of 6 months, a visa issued by the relevant country for the destination country, this provision is not required in the case of countries with on-arrival visa facilities, a one-way air ticket to the destination country and a self-declaration that the person is going for the purpose of visiting, has the necessary documents for that and is responsible for the consequences created by this'.
What action will be taken if a person who makes a self-declaration has a complaint?
Even after the new provisions, if there is a tendency to pay the money and go abroad, both the payer and the payee will be investigated.
The revised standards related to visit visas have made it easier for travelers. However, in the past, the police used to return the traveler from the airport if there was any objection. There was no detailed investigation into the reason and offense of why the person who was returned was returned in this way. However, immigration officials have informed that now if someone has to be offloaded, he will be handed over to the police from there.
What does the Immigration Department say about the new provisions?
There are Immigration Act, 2049, Immigration Regulations, 2051 and Immigration Procedures, 2065 regarding the management of the departure and arrival of Nepali citizens who want to go abroad for various purposes. In addition to these legal provisions, it seems that efforts have been made to systematize the procedure by amending the procedure and issuing standards and circulars at various times for the purpose of facilitating the departure of Nepali citizens departing on visit visas.
Due to irregularities in visit visas, there is also a matter of making rash decisions based on assumptions, suspicions and status checks, and demanding documents that cannot be verified despite having general information. The Home Administration is continuously discussing with other concerned bodies to find and implement alternative measures that are protective rather than restrictive to make the implementation of the law objective and to protect citizens going abroad.
In this context, the High-Level Study and Investigation Committee on Solving the Problems Seen in the Past Regarding Immigration and Visit Visas, 2082, has also guaranteed the fundamental rights of citizens of Nepal, human rights of the individual, and the right to freedom of movement as provided for in the Constitution of Nepal.
In order to discourage the manipulation of interest groups and control the wrongdoings in the name of visit visas, and promote good governance and professionalism in the immigration administration, the 6-point criteria currently in force, including the provisions related to visit visas issued at various times, have been repealed and 4-point criteria have been implemented.
