indonesia family immigration

OVERVIEW

This summary is designed to provide basic information about the visa and work permit application process in Indonesia. Please remember that, as with any nation, Indonesia's immigration laws may change without notice. The information in this report is of a general nature and does not constitute legal advice. For current and detailed information regarding the state of Indonesia's immigration laws, as well as information pertaining to your specific needs, please contact the legal professional with whom you work at Fragomen Global.


BUSINESS VISITORS

Individuals traveling to Indonesia on business for periods of 60 days or less should find the activity description that best matches the purpose of their trip to determine whether they may travel as business visitors with a visa or whether they need work authorization. If the intended period of stay exceeds 60 days, a work permit is required.

Allowable Activities as a Business Visitor

If you plan to travel to Indonesia for 60 days or less, check the following chart to determine what visa will best suit the purpose of the trip:


Special Note regarding Technical, Short-Term Activities:

There is not a specific visa category to cover short-term, technical activities; therefore, prior to departure, it is best to check with Fragomen Global if a work permit is required.

Maximum Period of Stay as a Business Visitor

While Consulates and immigration officers can exercise discretion in determining the length of stay for any visitor, the normal validity of most business visas is 60 days.


Basic Requirements to Apply for a Business Visa

The following requirements for Business Visitors are subject to change or modification:

1. Business visitors must have a residence and an employer outside of the host country and must be traveling to the foreign country for a defined, limited period of time.
2. Business visitors may not receive compensation from the host country; however, incidental expenses such as accommodation, cost of travel, and meals may be paid by the host.
3. Business visitors must have proof of adequate funds to defray expenses while on the business visit.
4. The Business Visitor must have specific, realistic and pre-set plans for his/her stay in Indonesia.
5. The period of intended stay must be consistent with the intended purpose of the trip.
6. Business Visitors must be the guests of the "director" of the company in Indonesia, and may not hold themselves out as working for the Indonesian company. Activities such as signing letters on the Indonesian company's letterhead, having a temporary office, being listed in the Indonesian company's phone directory, or having business cards indicating affiliation with the Indonesian company are prohibited.

Most Commonly Requested Documents and Processing Time

Please note that the Indonesian Consulate and/or authorities reserve the right to request additional information and/or documents.

1. Application form in duplicate.
2. Two passport-style photographs.
3. A company letter of support stating the purpose of the trip, that the company assumes full financial responsibility for the applicant(s) during their stay in Indonesia and requesting a multiple entry visa.
4. Original passport of each applicant.
5. Itinerary and the airline tickets.
6. Proof of available funds.
7. Application fee.

Normal processing time: The business visa application process takes from three to five business days to complete.


EMPLOYMENT AUTHORIZATION

"Regularization" of immigration status from Visitor/Business status to Work Status

A foreign national employee MAY NOT convert his or her immigration status from a Visitor/Business status to Work status while remaining in Indonesia. The employee can be present in Indonesia while the work permit application is being processed; however, the employee will not have authorization to work. Once the work permit application is approved, the employee will have the work visa endorsed in the passport in country.

The General Process

To work in Indonesia, a Work Permit application must be supported by a sponsoring organization. A work permit will take 4 weeks to process from the date of application. However, if the applicant needs to work immediately in Indonesia or the project will be for less than 6 months, a Temporary Work Permit application can be filed under a new Single Entry 312 Visa.

Basic Requirements to Qualify

Applications for regular work and temporary work permits are filed in Indonesia at the Department of Manpower and require that the employee first obtain a visa from the Indonesian Consulate with jurisdiction over their place of residence.

Temporary Work Permit

Temporary work permits are valid for a maximum of six months and may not be extended. If the regular work permit is not received by the time the temporary work permit expires, it is at the discretion of the Indonesian immigration authorities to accept the filing of a second temporary work permit application. All applications for temporary work permits require that the individual to have a valid Single Entry 312 Visa; therefore, if a second temporary work permit application is considered, the applicant will be required to first obtain a new 312 Visa outside of Indonesia prior to filing the new application.

Documents required obtaining the Single Entry 312 Visa at the Indonesian Consulate:

1. Original application form in duplicate.
2. Two passport-style photographs.
3. Original passport of the applicant.
4. Approval Notice (faxed copy).

The processing time to obtain the 312 Visa is at least two to four weeks. The application will not be processed unless the Consulate receives the approval document sent by the Immigration Department in Indonesia.

Documents required for Temporary Work Permit:

1. Copy of passport (ID pages).
2. Detailed resume of the applicant.
3. Three passport-style photographs (size 4 cm X 6 cm with clear red background).
4. A sponsorship letter from the company in Indonesia.
5. A copy of applicant's 312 Visa endorsement.

The processing time for the temporary work permit is approximately one week.

Please note that for positions below the director level, the Department of Manpower will charge a compulsory fee of US$100 per month for the validity permit of the temporary work permit. This fee must be paid prior to collecting the temporary work permit.

Work Permit

Documents required filing and obtaining a work permit in Indonesia:

Corporate Documents

1. A sponsorship letter from the company in Indonesia.
2. Organization chart of the company in Indonesia.
3. The registration documents of the company in Indonesia.
4. Manpower Utilization Plan (Rencana Penggunaan Tenaga Kerja Asing - "RPTKA").
5. Approved application for a recommendation to employ an expatriate (TA-01).

Home Country Corporate Documents:

None applicable.

Employee and Family Documents

1. Curriculum Vitae or detailed resume for the applicant.
2. Copy of all pages of applicants' passport and accompanying family members. Passports must be valid for one year from the date the work permit is stamped in the passport.
3. Three passport-style photographs (size 4 cm X 6 cm, special colored background, can be taken in Indonesia).
4. Copy of Marriage Certificate (original is required to be presented at the final stage of the application process)
5. Copy of Birth Certificates for dependant children, if any (originals are required to be presented at the final stages of the application process)
6. A copy of applicant's VITAS, Semi-Permanent Resident Visa obtained at the Consulate.

Procedure

The Indonesian sponsoring company initiates the work permit application process by submitting a Foreign Man Power Utilization Plan (RPTK) to the Department of Manpower. The Department of Manpower generally processes the RPTK in ten business days. Once the RPTK application process is complete, the Indonesian sponsoring company must file a TA-01 Work Recommendation Application to the Department of Manpower in Jakarta. The Department of Manpower usually issues an approved Worker Recommendation in four business days.

With the approval of the TA-01, the foreign worker will obtain his or her VITAS (the entry visa required for work authorization purposes) at the Indonesian Embassy or Consulate in his or her country of legal residence or citizenship. If the foreign worker intends to begin working immediately upon entering Indonesia, he or she should not enter Indonesia until the work permit process has been finalized as noted below. Under the old regulation, foreign workers possessing their VITAS were allowed to enter Indonesia to continue the work permit application process in country. According to the new regulation, the Indonesian sponsoring company, or the company's authorized representative, is required to pay a Special Skills Development Fund (DPKK) fee of US$1,200 at the time the Department of Manpower issues the approval of the Worker Recommendation (TA-01). The DPKK is paid to the Department of Manpower.

Once the DPKK fee has been paid, the Department of Manpower will take an additional seven to ten business days to finalize the work permit application. Once the work permit application has been approved, the foreign worker may enter Indonesia with his or her VITAS to begin employment. Under the old regulation, foreign nationals were allowed to enter Indonesia under a VITAS status, but were prohibited from working for up to 30 days until the work permit application process was completed. Upon admission to Indonesia with his or her VITAS, the sponsoring company or immigration supplier in Indonesia should assist the worker in applying for his or her Long-Stay Visa (KITAS) and obtain a Multiple Exit and Re-Entry Permit (MERP). This process can take approximately eight business days to conclude. Please note that the applicant must remain in Indonesia during this time and should not travel internationally until the process is completed.

As the work permit application has been approved prior to the foreign worker's arrival, the foreign worker may begin to work in Indonesia immediately upon arrival. Subsequent to his or her arrival, the foreign worker must lodge an application with the Bureau of Immigration to obtain his or her KITAS (the long-stay visa) and MERP (multiple-exit and re-entry permit).

General Processing Times

As noted in detail above, the overall time to process the entire work permit application process will take a minimum of three to four weeks.

Validity of the Work Permit

When issued, the work permit will be valid for one year, and may be extended upon request.

Registration Upon Arrival

Once the KITAS is received, the employee and his or her family will be required to register with the local police and municipal government, and must obtain the following documents:

Surat Tanda Melapor Diri - "STMD": Registration Book issued by the Aliens Supervisory Division of the Indonesian Police Headquarters, or the local regional police office
Surat Tanada Melapor - "STM": Report Paper from the local sub-district police office in the area of residence
Immigration Book: Issued by the Directorate General of Immigration
Surat Kependudukan: Resident's Registration issued by the local municipal office
MERP Multiple Entry & Re-entry Permit: valid for 6 months per issuance

Both the STM and the Immigration Book state that any change in the data contained therein (i.e., change of address) must be reported to the appropriate authorities within the specified period. The individual for whom the book was issued is responsible for reporting these changes and may be subject to arrest for violating these requirements.

Cancellation of Work Visa and/or Residence Permit with Migrations

Prior to departure from Indonesia, the employee's KITAS, IKTA and SKLD must be cancelled with the authorities, along with each family member's KITAS and SKLD's. The Multiple Exit and Re-entry Permit (MERP) are cancelled and changed to an Exit Permit Only (EPO).

FAMILY AND DEPENDENTS

Spouse and Children

Accompanying spouse and children should follow the same procedures as the principal applicant.

Unmarried Partners (Opposite-Sex)

Unmarried partners of opposite sex cannot obtain dependant status, but they are allowed to apply for a social visit visa. The employed partner must present a sponsor letter when the social visit visa application is submitted to the relevant authorities. There are limits to the length of time allowed in the country based on the type of social visit visa issued.

Unmarried Partners (Same-Sex)

Unmarried partners of same sex cannot obtain dependant status, but they are allowed to apply for a social visit visa. The employed partner must present a sponsor letter when the social visit visa application is submitted to the relevant authorities. There are limits to the length of time allowed in the country based on the type of social visit visa issued.

Ability to Work

Spouses, eligible dependents, unmarried partner of opposite sex or same sex may not be employed in Indonesia without obtaining the appropriate work authorization.