KH Friend, Limited Stay Permit Card (KITAS) is one of the important documents for Foreign Citizens (WNA) who want to live in Indonesia and to take care of various population management needs. Especially for foreigners who want to work in Indonesia, this KITAS is needed to follow applicable legal procedures and ensure that their work in Indonesia is carried out legally. Nevertheless, there are still many who do not know what exactly is meant by KITAS, including the requirements and procedures for making it. Therefore, in this article, we will discuss more about what KITAS is, the document requirements that foreigners must fulfill, and how to make it. Check out the explanation until the end!
What is KITAS?
As mentioned, KITAS stands for Limited Stay Permit Card, where this residence permit is granted by the Indonesian immigration authorities to foreigners who meet the specified requirements. By having a KITAS, foreigners can live and work in Indonesia for a certain period of time in accordance with applicable regulations. So that it can provide opportunities for foreigners to invest, work, or develop business in Indonesia. This KITAS has a period of time consisting of six months, one year, up to two years. Then the permit can be extended in accordance with applicable regulations.
What is the Importance of KITAS?
KITAS is a legal residence permit that provides legal protection to foreigners who wish to work in Indonesia. Without a valid KITAS, foreigners not allowed to work in Indonesia may face legal consequences, including fines, deportation, or even a ban on re-entry to Indonesia for a certain period of time. In addition, KITAS also provides legal certainty for foreign workers and the companies they work for. By having a valid KITAS, foreign workers can ensure that they are working legally and fulfilling Indonesia’s legal requirements. Similarly, for companies, using foreign workers with valid KITAS can avoid the legal and reputational risks that can arise from using illegal foreign workers.
Legal Basis of KITAS in Indonesia
The government has regulated KITAS in Indonesia by issuing several regulations, including:
- Law No. 13/2003 on Labor (Labor Law)
- Ministry of Law and Human Rights Regulation (Permenkumham) No. 27/2014
- Government Regulation (PP) No. 26/2016 on the Amendment to PP No. 31/2013 on the Implementation Regulation of Law No. 6/2011 on Immigration
- Permenkumham No. 16/2018 on Procedures for Granting Visas and Stay Permits for Foreign Workers (TKA)
- Presidential Regulation (Perpres) No. 20/2018 on the Use of Foreign Workers
- PP No. 24/2018 on Electronically Integrated Business Licensing Services
Types of Indonesian KITAS
The government issues five types of Limited Stay Permit Cards in Indonesia, namely:
KITAS Work Visa
This type of Limited Stay Permit Card must be sponsored by the official company that employs it. The types of companies that can sponsor foreign workers to Indonesia include PT PMDM (Domestic Investment), PT PMA (Foreign Investment), public or private institutions and representative offices. However, these companies must take care of their licenses first by submitting an application to the Ministry of Manpower. If they violate the applicable provisions, the sponsoring company may be subject to fines for foreign workers employed. For this reason, it is better to recognize the Foreign Worker Management Procedure.
KITAS Marriage or Family Visa
The main requirement to obtain this type of Limited Stay Permit Card is to be legally married to an Indonesian citizen (WNI) with proof of a marriage book or official marriage certificate. This is because the Indonesian husband or wife will be the sponsor to obtain this type of Limited Stay Permit Card with a validity period of one year and can be extended by the applicant. A marriage visa KITAS only allows you to stay, but not work in Indonesia. Work is only allowed as a freelancer not a permanent employee in the company.
KITAS Vita Retires
KITAS Retirement Visa is for foreigners over the age of 55 who come to Indonesia and want to retire and spend the rest of their time living in Indonesia. These foreigners can apply for a Limited Stay Permit Card after entering Indonesia for one month using a tourist visa.
Investor Visa KITAS
KITAS Investor is a visa specially created in order to meet the needs of investors doing business in Indonesia. With this Investor KITAS, it makes it easier for investors in matters relating to staying in Indonesia and work permits.
Dependent Visa
Known as Dependent KITAS, a dependent visa is a visa that allows foreigners (WNA) holding IMTA and KITAS work visas to bring their spouses and children under 18 years old. These dependent visa holders are not permitted to work in Indonesia or earn income from Indonesian companies. However, if Dependent Visa holders want to work in Indonesia, they can apply for an IMTA and earn income working part-time, not full-time.
Who can apply for an Indonesian KITAS?
The following parties can apply for an Indonesian Limited Stay Permit Card, among others:
- Foreigners who enter Indonesia with a Limited Stay Visa.
- A child born in Indonesia to a father and/or mother holding a Limited Stay Permit Card.
- Foreigners granted a change of status from an Allowance Stay Permit
- Captains, crew members or foreign experts on board ships, floating devices, or installations operating in Indonesian waters or jurisdiction in accordance with statutory provisions.
- Foreigners who are legally married to Indonesian citizens.
- Children of foreigners who are legally married to Indonesian citizens.
What are the requirements for making a KITAS in Indonesia?
Reporting from the page of the Directorate General of Immigration of the Ministry of Law and Human Rights of the Republic of Indonesia, there are a number of requirements needed for applicants to apply for KITAS in Indonesia. These KITAS processing requirements will be addressed to the Head of the local Immigration Office. The following are the required documents to make a KITAS:
- KITAS application letter from sponsor
- Statement and guarantee letter from the sponsor (stamped Rp10,000)
- Sponsor’s ID card
- KITAS application form
- Original passport and photocopy
- Certificate of domicile from neighborhood association or hotel or apartment
- KITAS approval telex
The provisions for processing KITAS are as follows:
- For Indonesian wife or husband guarantor, attach Marriage Book, sponsor’s ID card, and sponsor’s family card.
- For Indonesian parent guarantors, attach the applicant’s birth certificate with certified Indonesian or English translation.
- For TKA, attach the Plan for the Use of Foreign Workers (RPTKA), marriage certificate, and birth certificate (must be translated into Indonesian or English by a certified translator).
- For Foreign Investment (PMA), attach a recommendation from the Investment Coordinating Board (BKPM) and other company documents.
- For students, attach a letter of recommendation from the relevant institution.
For the record, the above requirements are general provisions. Further requirements may vary according to the provisions of the local Immigration Office where the applicant applies for the KITAS.
What is the Procedure for Making KITAS in Indonesia?
As mentioned, applicants can apply for KITAS at the local Immigration Office according to their domicile. Here is the flow of how to make a KITAS in Indonesia:
- Applicant and sponsor come to the local Immigration Office according to domicile
- Fill out the application form and attach the required documents
- Checking the applicant’s forms and documents by an officer at the Immigration Office.
- Data collection in the form of fingerprints, personal photos, and applicant signatures
- Wait for biometric data processing and final checking of related data according to working days
- KITAS will be printed and signed by the Head of the local Immigration Office.
- The applicant makes payment for making KITAS according to applicable rules.
The fee for making KITAS itself varies, in accordance with Minister of Finance Regulation No. 9 / PMK.02 / 2022 concerning Types and Rates on Types of Non-Tax State Revenue for Urgent Needs for Migration Services that apply to the Ministry of Law and Human Rights and Minister of Law and Human Rights Regulation No. 28/2019. From the explanation above, it can be concluded that KITAS plays a role in providing legal certainty for foreigners in carrying out their activities in Indonesia. By having a valid residence permit, they can carry out activities more safely and without worrying about legality issues.
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Furthermore, KITAS also provides easier access to various public services, such as opening bank accounts, education, and health services. In the era of global competition, having a KITAS can give foreigners an edge in accessing the job market and business opportunities in Indonesia.
KH Contact
This is an explanation of what KITAS is, starting from the definition, types, benefits, to the requirements and procedures for making it. By complying with the applicable provisions and procedures, foreigners can obtain a residence permit that allows them to contribute positively to Indonesia’s social and economic development. To make it easier to make KITAS, KH pals can contact Kontrak Hukum! We can help you to make KITAS easily, quickly, and safely, including other legal documents that foreigners need such as RPTKA, STM SKTTS, and DPKK. For ordering information, please visit our KH Services – KITAS page. If you have questions about immigration and other PMA needs, you can also visit the KH Services – PMA page or consult for free at Tanya KH, as well as direct message (DM) to Instagram @kontrakhukum.
