17 February 2020 (closed)
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Expatriates which are working in Indonesia require a limited stay permit (KITAS). In order to obtain a limited stay permit several licenses must be arranged. In previous columns we have explained the procedure for obtaining these licenses, which include a foreign manpower utilization plan (RPTKA), a foreign manpower work permit (IMTA) and telex visa. Before being able to obtain a limited stay permit (KITAS), expatriates and their employer must have arranged aforementioned licenses. In this column we will elaborate further about the limited stay permit (KITAS) for expatriates.
Expatriates who are Entitled to Obtain a Limited Stay Permit (KITAS)
Based on article 23 Minister of Law and Human Rights Regulation number 27 of 2014 on Technical Procedures For Granting, Extension, Refusal, Cancellation and Termination of to a Visit Stay Permit, Limited Stay Permit, and Permanent Stay Permit and Exclusion of Liability of Holding a Stay Permit, a limited stay permit (izin tinggal terbatas/KITAS) for an expatriate can be granted to:
1. foreigners who entered into the Indonesian Territory with a Limited Stay Visa;
2. children born in Indonesia Region at the moment of birth the father and/or mother hold a Limited Stay Permit (KITAS);
3. foreigners which were given transfer of status from Visit Stay Permit;
4. captain, crew, or foreign experts on board a ship, floating equipment, or installations that operate in the territorial waters and the Indonesian jurisdiction in accordance with the provisions of legislation;
5. foreigners who are legally married to Indonesian citizens;
6. child of a foreigner who is legally married to Indonesian citizen; or
7. foreigners who entered Indonesian territory by using a Limited Stay Visa on arrival
The majority of expatriates obtain their limited stay permit (KITAS) based on the procedure set out in point 1 above: they obtain a limited stay visa at the embassy of Indonesia in the country outside Indonesia and then enter Indonesia using this visa.
Time Period of the Limited Stay Permit (KITAS)
The limited stay permit (KITAS) can be granted for the following time periods, depending on the reason of entry and other factors, such as type of work, age, type of business field and others:
1. maximum two years;
2. maximum one year;
3. maximum six months;
4. maximum 90 days; or
5. maximum 30 days.
The period of the limited stay permit (KITAS) shall be in accordance with the time period mentioned in the limited stay visa. The limited stay permits as mentioned in point 1 – 4 above are given by the Head of the Immigration Office or the appointed Immigration Officer in the jurisdiction which covers the residence of the expatriate. A limited stay permit as mentioned in point 5 above is a limited stay permit on arrival and is give by the immigration officer at the immigration checkpoint.
This column is provided by PNB Law Firm Jakarta