What is KITAS
A Limited Stay Permit Card or commonly abbreviated as KITAS, is a document to indicate that a foreign citizen has been allowed to stay temporarily in Indonesia for certain purposes. This document was previously called the Temporary Resident Permit Card or KIMS. KITAS has a validity period of 2 years, and foreigners may extend the validity period if they wish to continue to use it. Having a KITAS for foreigners is mandatory because if not, the person concerned will be sentenced to 5 years in prison or a fine of Rp. 500,000,000 or $37,000.
KITAS Legal Basis
The Indonesian government uses several legal bases to enforce the rules regarding KITAS. The legal basis is the following points:
- Law No. 13 of 2003 Concerning Workers.
- PP No. 31 of 2013 Concerning Implementing Regulations of Law No. 6 of 2011 in the Migration Law.
- PP No.26 of 2016 concerning Amendments to Regulation of PP No.31 of 2013 Concerning Implementing Regulations of Law No.6 of 2011 in the Migration Law.
- Ministry of Law and Human Rights Regulation Number 16 of 2018 concerning Procedures for Granting Visa and Stay Permits for Foreign Workers.
- Presidential Decree No. 20 of 2018 Covers the use of Foreign Workers.
- PP No. 24 of 2018, Which Includes Electronic Integrated Business Licensing Services.
Who is Entitled to a Limited Stay Permit
Limited Stay Permit will be given to foreigners to stay in the territory of Indonesia for a limited period for specific purposes based on the regulation in Indonesia.
Limited Stay Permits can be granted to:
- Foreigners who legally marry Indonesian citizens.
- A child born in Indonesia to a father/mother holding a Limited Stay Permit.
- Children born to foreigners who are legally married to Indonesian citizens.
- Foreigners who enter the territory of Indonesia with a Limited Stay Visa.
- A foreign crew member or expert who operates under the provisions of Indonesian legislation in the territorial waters or jurisdiction of Indonesia.
Penalty for Violation of KITAS Regulations
A penalty will be imposed on those who violate KITAS regulations. The data on the foreigner’s permit provided must be correct. If not, then the person concerned will be asked to change the data by the applicable regulations. The penalty is given after a warning.
The penalty given related to immigration violations is based on Law 6 of 2011 article 122A, which is in the form of five years in prison and a fine of Rp. 500,000,000. If the foreigner exceeds the time limit of the residence permit granted (overstay) or violates Article 75, the penalty is in the form of deportation.
Types of KITAS
Overall, there are three types of KITAS determined by the Government of Indonesia: Work Permit, Marriage Visa, and Retirement Visa.
1. Work permit
For the first type, additional letters are needed. This is because a work permit can only be given to a person who has received a guarantee from the company that employs him and acts as a guarantor of the foreigner.
Several types of companies can provide guarantees or bring foreign workers to Indonesia, such as PT, PT PMA, Representative Offices, and Public or Private Institutions.
These foreign workers will be asked for a work permit or a Permit to Employ Foreign Workers (IMTA). IMTA can be obtained from the company that employs it. The document will explain what work will be done in Indonesia and what the position will be.
Some companies are allowed to bring in foreign workers. However, the company must complete the licensing first.
The way to get it is by applying to the Ministry of Manpower and selecting according to the qualifications that have been determined.
This permission is not granted easily because the company, as the guarantor, must be responsible for the foreign workers employed if they violate the applicable regulations.
2. Marriage Visa
If the company guarantees the Work Permit as the person in charge, for this KITAS, it is the wife or husband of the Indonesian citizen who acts as the guarantor. In Indonesia, the government does not prohibit its citizens from international marriages.
However, various kinds of administration must be fulfilled, including living together in Indonesia. Having a KITAS is an administration that must be completed. The most mandatory requirement for obtaining this document is an official marriage certificate.
Foreigners who have obtained this KITAS will be allowed to start a family. However, they will not be allowed to have a permanent job.
Foreigners with a Marriage Visa are only allowed to have the status of a freelancer. If the foreigner still wants a permanent job, the person will be asked to apply for a Work Permit.
3. Retirement Visa
The last type is the Retirement Visa. This KITAS is needed by foreigners who come to Indonesia to retire and want to spend their time living in Indonesia. Applications for this type of KITAS can be submitted after one month of entering the territory of Indonesia using a travel visa. Although temporary, this KITAS has a more extended validity period than other KITAS.
The requirements for applying for a Retirement Visa are as follows:
- Not currently running a business that has branches in the territory of Indonesia.
- Have at least 55 years of age because that age is the average retirement age of Indonesian citizens.
- Even though they are not allowed to have a business or work in the territory of Indonesia, retired foreigners are still allowed to open a local bank account.
KITAS Validity Period
The validity period of the KITAS is two years and can be extended for another two years. Therefore, the maximum stay permit in Indonesia cannot be more than six years using a KITAS. Especially for foreigners who make working visits in Indonesia, 90 days are also valid and can be extended. However, the total number of stay permits in Indonesia for working visits is no more than 180 days.
Terms of Submitting a KITAS Application
Before you apply, make sure you meet the required requirements. These requirements are divided into 2, namely General Files and Special Files.
The two documents that must be met include:
General File
Foreigners can submit a letter of application to the Head of the Immigration Office, which is determined according to the domicile area where they reside. The applicant can apply himself or be represented by the guarantor.
- Filled out the form.
- Copy and original nationality Passport or travel document and Visa proof.
- A copy and original of the old KITAS for those who already have a previous KITAS.
- Application Letter from your guarantor addressed to the Head of the Immigration Office.
- A guarantee Letter from the guarantor with stamp duty.
- Identity card from guarantor.
- Residence certificate.
- Power of attorney if represented by guarantor.
Special Files
The following requirements are additionally based on profession or filing requirements, often referred to as Special Files.
1. Investor
- Deed of Approval of the Company and Deed of Establishment of the Company.
- Investment Approval Letter.
- Permanent Business License.
- Company Business License or.
- Certificate of Company Registration.
- Taxpayer Identification Number of The Company.
2. Experts in a Niche Industry
- Recommendations for using foreign workers or RPTKA and Permit to Employ Foreign Workers (IMTA) from the Ministry of Manpower and Transmigration.
- Deed of Approval of the Company and Deed of Establishment of the Company.
- Permanent Business License.
- Company Business License or.
- Company Registration Certificate or.
- Taxpayer Identification Number of The Company.
3. Ship Specialist
- RPTKA and IMTA recommendations.
- Recommendations from relevant agencies.
- Permanent Business License.
- Company Business License or.
- Certificate of Company Registration.
- Taxpayer Identification Number of The Company.
- Deed of Establishment of the Company.
4. Clergy
- Recommendation from the Ministry of Religion.
- RPTKA and IMTA recommendations.
- Deed of Establishment of Clerical Foundations/Institutions.
5. Attending Education And Training
- Recommendations from the Ministry of Culture/Ministry of Religion/government agencies in charge of education.
- Recommendation from the State Secretariat for foreign scholarship recipients from the Republic of Indonesia.
6. Individual
Mixed Marriage
- Marriage Certificate.
- Family ID.
- Proof of Marriage Report obtained from the Civil Registry.
- Husband/wife RPTKA for Foreign Expert Workers
- Husband/wife’s KITAS.
7. Children born in Indonesia and following their parents’ residence permit
- Birth Certificate from the Hospital.
- Nationality Passport of father/mother.
- Father/mother’s KITAS.
- Marriage certificate of the child’s parents.
- Birth Report Certificate obtained from the Immigration Office.
8. Children Under 18 Years Old Or Not Married From KITAS Holder Parents
- Birth Certificate.
- Marriage certificate.
- Family ID.
- Father/mother’s KITAS.
How to Get KITAS
To get a KITAS, there are several steps you can take, namely:
- Submit a letter of application to the Head of the Immigration Office or Immigration Officer according to the area where the applicant lives. Applications can be submitted by foreigners themselves or represented by their guarantor.
- Complete the requirements, both General Files and Special Files, as needed.
- KITAS application no more than 30 days after the entry sign. A fine or expense will be imposed according to the applicable provisions if proven to have passed.
- After all the requirements submitted are checked and confirmed, the Head of the Immigration Office or Immigration Officer will issue a KITAS no more than four working days.
Process of Obtaining Work Permit
1. Pre-approval of work permit
- The employer or person on behalf of the company applies to use foreign workers to the Ministry of Manpower.
- Describes an interview from the Ministry of Manpower.
- The Indonesian Ministry will approve subsequent proposals of Manpower.
- Process for Pre-approval of work permits. You will be notified of your stay in Indonesia.
2. Work Permit Approval
- Before obtaining a work permit approval, the payment of the Compensation Fund for the Use of Foreign Workers, abbreviated as DKP-TKA further in the amount of 100 USD per month, must be paid.
- Work Permit approved, so you are legal to work in Indonesia.
3. VITAS Approval
- Apply for a Telex visa as VITAS before approval.
- The VITAS approval issued by the Indonesian Immigration Office will be telexed to Indonesian embassies abroad.
- The VITAS approval process will take at least five working days.
- VITAS will be published by the Indonesian side abroad.
- Provide VITAS directly before traveling to Indonesia.
Converting VITAS to Work Permit KITAS
VITAS will automatically be converted into KITAS upon the arrival of foreign workers in Indonesia. Therefore, TKA only needs to show VITAS for the biometric scan at the immigration counter, then KITAS will be sent to the registered foreigner’s email.
Civil Registration and Reporting
- This step is mandatory and must be processed 14 days after the KITAS is issued.
- Prepare all the documents needed to live in Indonesia.
- Conduct attendance in the civil administration department.
- You will then get the required civil certificate.
Marriage Visa KITAS Process
VITAS Approval
- Prepare a valid document or passport and a copy of your passport, marriage certificate, copy of your partner’s ID card and family ID with the status “married,” a copy of the latest statement from the Indonesian partner’s bank account, and a guarantee letter.
- The steps will be repeated as the VITAS Approval in the Work Permit Process.
Converting VITAS to KITAS
The applied process will be the same as converting a VITAS into a KITAS Work Permit. After entering the territory of Indonesia, you only have seven days to convert your VITAS into a KITAS.
Keep in mind, however, that you are not allowed to convert your KITAS Marriage Visa into a work permit or MERP until you get a job in Indonesia with a guarantor.
Civil Registration and Reporting
- Prepare the required documents.
- Conduct attendance in the civil administration department.
- You will get a Certificate of Temporary Resident Family Structure abbreviated as SKSKPS and a Reporting Certificate or STM.
You can consider changing your KITAS to KITAP after two years of being married to your Indonesian partner. Permanent Stay Permit Card, commonly abbreviated as KITAP, is a document entitled to be obtained by foreigners holding KITAS.
In addition, KITAP can also be given to foreigners who were previously residents of Indonesia or have dual citizenship, which makes the designation different from KITAS.
The validity period of the KITAP is for five years, and if after five years there is no change in the status of the ex-pat, the KITAP will be automatically extended. KITAP has no limit on the number of extensions.
Having a KITAP means you no longer need to visit the immigration office yearly, no more expensive visa extensions, and no need to process documents. That is why strict regulations apply to KITAP applications.
KITAS Application Takeaway
That was a more in-depth explanation about KITAS that you should know. If you want to apply for this document, don’t forget to complete the requirements first!
Obtaining residency status in Indonesia can be very complicated and time-consuming as regulations change from time to time. To avoid these difficulties, using the services of an agent will be very helpful in making the process more efficient.
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