Immigration law in Bhutan

The central legal bases are the Immigration Act of the Kingdom of Bhutan of 2007 and the Immigration Rules and Regulations 2023. Visa and permit applications are handled by the immigration authority (Department of Immigration); regional Immigration Offices, control points, and the Immigration Office in Paro perform additional tasks depending on the case. The labour authority (Department of Labour), the Ministry of Foreign Affairs and External Trade, educational institutions, and other competent authorities participate in certain applications. Foreign nationals generally need a visa unless a bilateral exemption applies. Indian nationals enter with an Entry Permit based on a passport or voter card; minors under 18 need a passport or birth certificate together with proof of parental or guardianship status. Nationals of Bangladesh and the Maldives are eligible for a visa on arrival. Thai and Swiss nationals holding diplomatic or official passports may also obtain a visa on arrival. A passport should be valid for at least six months beyond the planned departure. The authorities may require biometric data, sufficient personal funds, and further evidence. An electronic visa alone guarantees neither entry nor the entire requested duration of stay. Tourists may remain in Bhutan for the actual approved period, but for no more than 90 days. A permit issued at the point of entry is valid for the actual period or for no more than 30 days. Tourists may neither work nor conduct business and must secure their departure and the cost of onward or return travel. The visa fee is 40 US dollars; additional tourism fees may apply. For non-tourist stays, a competent recommending body submits the application to the Department of Immigration. This includes, among others, foreign workers, students, monks and nuns, teachers, dependents, traders, investors, diplomats, media workers, athletes, crew members, personal guests, and certain volunteers. The competent body depends on the category; applications may be submitted online, through the Visa Division in Thimphu, the Service Division of the Department of Immigration, a Regional Immigration Office, or Paro. The rules generally specify at least five working days for visas; individual notices from the Department of Immigration specify three working days for certain non-tourist procedures. The processing time should therefore be confirmed for the specific category. Fees are generally non-refundable and non-transferable. Non-tourists generally must register at the nearest police station within ten days after entry. A change of address must be reported to the Department of Immigration within ten working days. A visa or residence extension is possible only after registration. Depending on the status, a Foreigners Registration Card is issued. The purpose of stay, employer, place of work, occupation, and authorized areas must be observed; employers, hosts, and transport companies have additional duties. For employment, the foreign worker first needs approval from the Department of Labour. The employer then applies to the Department of Immigration for a Work Permit. The permit is valid only for the named employer, occupation, district (Dzongkhag), place of work, and period. The minimum age is 18; the permitted maximum age is 55, 60, or 65 depending on the activity. The initial fee is 300 Ngultrum. For extensions, the fee increases by 100 percent compared with the previous extension and remains constant from the fourth extension onward. A lost or damaged permit costs 500 Ngultrum. Construction workers must live near the place of work; border-community workers must leave the country daily. Non-professional workers must leave after three months and remain outside Bhutan for 30 days. A Student Permit requires admission to a recognized educational institution, including schools, higher-education institutions, a monastic school (Shedra), or a monastic institution (Drupdey). Regular attendance and sufficient academic progress are required for an extension. The permit is valid for no longer than the course duration or five years, whichever is shorter. It does not grant an automatic right to work and does not automatically lead to permanent residence or citizenship. Family-related and economic permits have their own requirements. Dependents may be admitted, among others, of professional workers with an employment period of at least three months, recognized FDI investors, or certain DANTAK and IMTRAT employees. Personal guests need a host residing in Bhutan who has lived there for at least one year; additional evidence of the relationship or acquaintance and approval from the competent committee may be required. Parents, parents-in-law, and adult children usually receive residence only for the actual period or for no more than 30 days. An Investor Permit requires a government-approved investment and a genuine investment or service need. Traders need a valid trade license for an extension. An Immigration Card is mainly available to foreign spouses of Bhutanese nationals married after 10 June 1985 and to children of such parentage. Required documents include, among others, the Department of Immigration form, a marriage certificate from the Royal Court of Justice, the CID card of the Bhutanese spouse, and passport and identity documents. The cardholder may not work without prior approval from the Department of Immigration. Visitors, dependents, workers, and students must leave Bhutan at least one day before applying for an Immigration Card. After divorce or the death of the Bhutanese spouse, residence status may be lost if there is no joint child. The law also recognizes Special Residence Permits and statutory categories such as the Green Card, Refugee Card, and Trader Card. The reviewed provisions do not establish a general, stand-alone permanent residence regime. A non-immigrant status expressly creates no entitlement to permanent residence or naturalization. Naturalization requires, among other things, a minimum age of 21, or 15 where the applicant has a Bhutanese parent; a registered residence period of 15 years for certain groups or 20 years for other applicants; knowledge of Dzongkha; knowledge of culture, traditions, and history; good character; an oath; and official examinations. The competent ministry's decision is final, and the government may reject an application without giving reasons. Citizenship begins with the royal decree (Kashog). Acquiring a foreign nationality results in loss of Bhutanese citizenship. The reviewed Bhutanese provisions do not establish an independent procedure for general asylum or a regular determination of refugee status. The Refugee Card is described there as a special residence card for Tibetans who chose to remain in Bhutan. Case-by-case admission by the Department of Immigration is not a general protection arrangement and does not guarantee such a procedure. Entry or residence may be refused or terminated, among other reasons, because of an invalid passport, missing documents, false statements, a previous deportation, serious criminality, threats to public health or security, insufficient personal funds, unauthorized political activity, or breaches of residence conditions. In removal proceedings, the authority must generally serve notice stating the allegations and legal bases and provide an opportunity to submit evidence. In the case of inadmissible entry, however, removal may take place without a further hearing or review unless another law provides otherwise. Before criminal proceedings, voluntary departure may be possible under certain conditions at the person's own expense within no more than 15 days and against security. The reviewed provisions do not expressly provide a general statutory appeal or review body for immigration decisions.