Having a chance to live in Indonesia is such a dream come true for some foreigners. How does it come? The country is where an abundance of natural and cultural charm originates. From the pristine white sand beaches to historical temples, Indonesia offers more attraction than you can shake a stick at for the outlanders deciding to be expatriates.
Unless you can stem the stream of desires of yours to reside in the Emerald of Equator, the point earliest in order is to have an eye for the challenges in regard to obtaining either a visa or a working permit in Indonesia. It is no secret that the expats or foreign workers often face the elaborate bureaucracy as well as regulation that frequently changes in the short term. Still and all, you can make light of your bewilderment by having a go with this set of comprehensible information.
Expatriate Working Permit
Before taking up the expatriate working permit, it is imperative that you figure out the term of an expatriate. At the bottom, an expatriate refers to a visa holder from a foreign country with an intention to make a living in Indonesia. The definition is clearly stipulated in Law no.13 year 2013. How the expat holds the capability to work and earn money in the archipelagic state is, for sure, inseparable from the sponsor company or any Indonesian entities that hire the professionals from abroad.
Generally speaking, both the foreign workers and the hiring company are responsible for obeying the local governments’ guidelines including the permitting requirements and not to mention the restrictions. There are a couple of aspects to put our heads together when it comes to reviewing about an expatriate working permit. Those significant things include foreign manpower utilization plan or better recognized as RPTKA (Rencana Penggunaan Tenaga Kerja Asing), Approval Recommendation Visa and the same is true with the work permit known as IMTA.
What is RPTKA?
Some of you might not be familiar with the RPTKA. The essential element leads to the accessibility of obtaining the working permit in Indonesia. In pursuance of the minister regulation number 12 year 2013 stated in article 5 and 6, employers whose employees belong to the foreign nationals should acquire RPTKA. In English, it basically refers to the foreign manpower employment plan.
There are several types of RPTKA. The general employment plan issued by the Ministry of Manpower has validity with a maximum period of 5 years. It can also be extended. The one with a purpose for contemporary work is only available for 6 months and unluckily can’t be extended. Going with the temporary nature means that your work should be made up at a particular point of time. And the goal of your work is in the field of installation from trial products to machinery.
Unlike the previous sort, an RPTKA with emergency work allows the foreign employees to perform work with a maximum stay of one month. The bad news is that the people can’t extend their stay. In addition to that, the loss leading to the fatality to the corporation might take place if the workers do not treat it straight away. What about an RPTKA used for work dealing with special economic zones? It turns out that it comes with no restriction in terms of specific time. And the last kind is called impresario services business.
What is Approval Recommendation Visa?
In advance of obtaining the working permit or IMTA, the sponsor company hiring you should organize the approval recommendation visa (TA01). This one is fundamentally the basic requirement for foreign workers to gain a working visa in the Directorate General of Immigration of Indonesia. The approval recommendation visa (TA01) is not applied for the renewal – it is designed to equip a new work permit. How long does the validity of TA01? It is around two months. And what is the consequence if the people do not enter the territory of Indonesia? The employer is obliged to send the letter of justification to the related ministry.
How to Apply for Work Permit in Indonesia?
That’s such a common query for most out of foreigners planning to become an expat seeking out a working permit in Indonesia. To stay clear of misconception, it is somehow vital that you look carefully at these following steps pertaining to applying for the concession.
Obtain the RPTKA
Needless to say, your sponsor company in Indonesia is a party responsible for managing the foreign manpower employment plan better known as RPTKA. The entity is required to submit the plan to the Indonesian authority named the Ministry of Manpower. If you go with an RPTKA provided for a contemporary work with a validity period reaching up to 6 months, you need to get the idea of requirements in regard to the foreign worker’s objectives.
Your contemporary RPTKA will be approved if your main job in Indonesia is to carry out an inspection to the production quality of your company’s branch in the country, produce a commercial film, do the machinery installation or go for jobs requiring you to spend a period of time up to 6 months. The necessary documents you are supposed to prepare, including a letter of sponsor and attorney, the ID card copy of sponsor letter’s signatory, the sponsor company’s business license and domicile letter, tax registration or NPWP of the sponsor company, organization chart of the sponsor company and some others.
If your RPTKA is the long-term version with the validity period from 7 to 12 months, you are required to enclose a pile of documents such as a letter of sponsor and attorney, RPTKA’s form, the ID card copy of sponsor letter’s signatory, the business license from your sponsor company, the decree from the ministry of law and human rights, the sponsor company’s domicile letter and NPWP (tax registration), a letter of appointment of the local co-worker, documents related to the personal information of the local co-worker like CV, ID card, and diploma, and some others.
Get the approval recommendation visa (TA01)
Subsequent to obtaining the RPTKA, you have to arrange the approval recommendation visa (TA01). Without this, you definitely have no access to acquire the working permit or IMTA. As explained earlier, TAO1 is merely used for the new working permit (not for the renewal purpose).
Apply for an IMTA
Broadly speaking, an IMTA is a working permit you need to obtain once arriving in Indonesia. If your main purpose is for the short term, then benefit the emergency working permit with the validity period of one month. If the job is not instantaneously performed, it will result in the big loss of your sponsor company.
To apply for this sort, you need to provide a set of documents that include the letter of sponsor and attorney, the recent photo of the expatriate with the size 3 x 4 cm, an urgent work statement letter from your sponsor company, the foreign worker’s valid passport and insurance and not to mention the payment receipt from DPKK.
What about the contemporary IMTA with validity duration from 2 to 6 months? Like the emergency, this kind comes with the similar requirements. On the other hand, the long-term version with a maximum period of 12 months is prone to be complicated. The additional documents you have to make available are the worker’s certificate diploma, the foreign worker’s CV, a letter of reference obtainable from where the expat worked before, the co-worker of the foreign worker’s appointment letter, the worker’s valid passport and insurance, and several other things.
What are KITAS, IMTA and Telex Visa in Indonesia?
As a fresh expat, you must be familiar with KITAS, IMTA, as well as telex visa better known as VITAS. To let everything obvious and understandable, simply check this following brief out.
What is KITAS?
Once both the expatriates and foreign workers gain the working permit or IMTA, the subsequent step they must have is no other than holding the limited residence permit card or simply identified as KITAS. As a matter of fact, this type of visa is capable of being accessed by some ways from getting married to the locals to being hired by the Indonesian companies. If you are about to apply for the temporary stay permit, the validity period is up to 6 months. Meanwhile, the long-term stay permit comes with the validity period from 7 to 12 months.
To acquire KITAS, there is nothing you can do other than preparing a collection of necessary documents. Some of them cover the form of KITAS, a letter of sponsor obtainable from the sponsor company, the sponsor company’s statement letter and attorney letter, a copy of ID card of the sponsor letter’s signatory, and not to mention a copy of limited stay visa (VITAS).
In addition to the requirements of KITAS, there should some additional paper such as a valid passport of the foreign worker, RPTKA (the foreign manpower employment plan), a copy of the working permit called IMTA, and a copy of the receipt of DPKK (this one refers to the fund of state development address to the Indonesian workforce). A domicile letter informing the place where you stay in Indonesia is only applicable for the renewal reason. The copy of marriage certificate (addressed to the foreign individuals who have got married) and the copy of birth certificate (for those going with children) are considered optional.
How about KITAP? Unless you don’t wish to stay for a longer time, you are recommended to apply for KITAP. A KITAP standing for Kartu Izin Tinggal Tetap is a permanent residence permit allowing the visa holders whose foreign citizenship to stay with a maximum period up to 5 years. There are two common conditions when it comes to obtaining the KITAP. Firstly, it is applicable to those who have been working in the similar company for at least 3 years continually. Secondly, the foreign individuals who have married the local for at least 2 years have a right to gain a KITAP.
What is IMTA?
IMTA (Izin Memperkerjakan Tenaga Kerja Asing) is technically a term for the Indonesian working permit. In accordance with the minister regulation specified in Labor Law in the article of 42 and 28, the whole local companies who hire the expatriates are supposed to hold a letter of permission issued by Indonesia’s Minister of Manpower – in that case, it is associated with the working permit. The period of IMTA is no later than one year adjusted with the validity period the employment plan or RPTKA.
Generally, there are 6 types of IMTA you need to know. The general IMTA available for extension has a validity period of one year. The one with a temporary nature lets the expatriates work and stay for about 6 months. An IMTA equipped for the emergency work with the maximum period of one month, unfortunately, can’t be extended. Other types cover an extendable IMTA for working in special economic zones with a maximum period of one year, an IMTA for singing purpose with a validity of 6 months (can’t be extended), as well as an extendable IMTA provided for KITAP holders with a maximum period of one year.
What is Telex Visa?
A telex visa, better known as VITAS (Visa Izin Tinggal Terbatas) is, in essence, a limited stay visa which has a temporary character used before acquiring residence permit (KITAS and KITAP). The body which is responsible for issuing a telex visa is no other than the Indonesian embassy and consulate within spitting distance of the workers’ home in their origin country.
However, keep in mind that getting this kind of visa is not that simple. The evident requirement you can’t miss out on is to submit the letter of visa authorization. To have this type of document, you are urged to get your Indonesian employer to apply for the letter to the Directorate General of Immigration in Jakarta, Indonesia. The process of telex visa might take 5 working days.
2018 Work Permit Regulation in Indonesia
In accordance with the recent Indonesian president’s wish pertaining to the working permit, nowadays’ guideline seems easier than preceding years. With the presence of online system, the immigration law in Indonesia is prone to change in the betterment and the regulation always remains restructured on the day-to-day basis.
Here are a handful of current regulations associated with the most up-to-date working permit in Indonesia:
Regulation in Regard to Foreign Employees Working in Indonesia
The latest clause about the foreign workers is in concert with the Indonesian government regulation no. 35 year 2015 in article 36. It is clearly stipulated that becoming an expat specifically those who plan to perform work in Indonesia should be qualified in terms of education. The employees from abroad come with a skill (indicated by the diploma) and an array of working experiences (at least 5 years).
As the skill of expertise and the foreign employees are nothing but significant; the foreign employees are supposed to provide a letter of statement as well as training reports. These documents emerge to convince the Indonesian authority that the individuals have high competency related to the job they will pick up. Additionally, showing the insurance proof from the local insurance company (it is recognized as BPJS in Indonesia) is a must. Another additional document includes NPWP (number of taxpayer registration).
Sanctions to Those Who Have No a Working Permit in Indonesia
It is not such a secret that some of the foreign workers face the confusion between the working permit and residence permit. IMTA and KITAS are basically two distinctive things – but their correlation can’t be separated. IMTA referring to the Indonesian working permit is the key step to get the KITAS. If you are found that you don’t secure your IMTA, you will run into the unexpected legal problem. It means you unintentionally break the local immigration law.
What is the worst case if you don’t obey the rule? Apart from being fined setting you back around 500 million IDR (roughly 35,000 USD), you will sadly be sent to jail letting you spend the rest of your life for about 5 years. To stave this kind of intricate thing off, you are surely suggested to reach out a credible agency like elson.co.id. The entity will tackle down the core of the matter thoroughly.
The Working Areas Not Eligible to the Foreign Nationals Based on the Latest Regulation
When it comes to acquiring a working permit in Indonesia, it is indispensable that you take into account the working areas which are not eligible for the expatriates. The outlawed job positions, making you unable to apply for, encompass the inspection and quality control, human resources, management of supply chain, legal entity, and the same is true with the safety, health, and environment affairs as well.
To make a long story short, understanding the working permit in Indonesia and provision on how to gain the visa is, without question, central. Don’t forget to contact elson.co.id for the further assistance.