Expatriate (Foreign Worker) Work Permit Indonesia - Part II
In last week’s column we explained which licenses are required by the Ministry of Manpower for expatriates (foreign workers) who wish to obtain a work permit in Indonesia. We explained that the foreign workers (expatriate) who want to work in Indonesia must obtain the following permits which are issued by the Ministry of Manpower: (i) Foreign Manpower Utilization Plan (RPTKA), (ii) Approval Recommendation Visa (TA-01), and (iii) Work Permit (IMTA). Besides these permits, several other permits must be arranged at immigration, which we discuss in this week’s column.
Directorate General Immigration: Limited Stay Visa (VITAS)
According to Article 39 and the Elucidation of Law Number 6 of 2011 Concerning Immigration (Law 6/2011) and Article 102 (1), (2) and (3) of Government Regulation Number 31 of 2013 Concerning Implementation Regulation of Law Number 6 of 2011 Concerning Immigration (GR 31/2013), a Limited Stay Visa (VITAS) is granted to an expatriate who fulfills the following requirements:
1. In case the expatriate has an intention to work in Indonesia, he can obtain a VITAS in case he/she:
a. works as an expert;
b. joins forces to work on a boat, floating equipment, or installations operating in the archipelago waters, territorial sea, or the continental shelf, as well as in the Indonesian Exclusive Economic Zone;
c. has a duty as a clergy;
d. engages in activities related to profession by receiving payment;
e. engages in activities related to a commercial film production and has obtained a permit from the competent institute;
f. engages in activities related to quality control of goods or production;
g. conducts inspection or audit at branch offices in Indonesia;
h. performs after sales activities;
i. installs and repairs machinery;
j. performs non-permanent construction related work;
k. performs arts and music activities;
l. performs professional sport activities;
m. performs medicinal activities; or
n. candidate expatriates who work under a probation period to test their expertise.
2. The expatriate can obtain also a VITAS for activities which are not considered as working activities, in case he/she is:
a. performing activities for foreign investment;
b. participating in training and scientific research;
c. following an education;
d. having a family reunification;
e. repatriating; or
f. a senior tourist.
In order to be able to apply for a VITAS the company or individual must have must obtain an ID as guarantor of the expatriate in the Directorate of General Immigration online system. The company can apply for the VITAS through www.imigrasi.go.id. This process can take up to five working days. After that the Telex VITAS can be taken by the expatriate to the Indonesian Embassy in the designated country abroad.
Immigration Office: Limited Stay Permit Card (KITAS)
Limited Stay Permit Card (KITAS) is issued by the Immigration Office in the area where the expatriate lives. According to the Article 23 (1) a Regulation of the Minister of Law and Human Right Number 27 of 2014 Concerning Technical Procedures For Granting, Extension, Refusal, Cancellation And Termination Of a Visit Stay Permit, Limited Stay Permit, And Permanent Stay Permit And Exclusion Of Liability Of Holding A Stay Permit (Regulation 27/2014), a KITAS can be granted to the expatriates who entered into Indonesian territory with limited stay visa (VITAS).
Based on article 28(1) Regulation 27/2014, the application of KITAS must be submitted to the Immigration Office not later than 30 days after the expatriate entered Indonesia.
Requirements by Police and the Department of Demography and Civil Registration
Next week we will discuss the work permit requirements for Expatriates as set by the Police office and the department of Demography and Civil Registration.
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