For foreign citizens who do not know Indonesia, it must be difficult to find away. It takes patience and perseverance to foster a business (such as work permits, establishing a company, and finding a place to live) while adjusting to a new culture that is very different from Indonesian culture.
In this article, we will discuss one by one the process of obtaining Working and staying in Indonesia for foreigners, in addition to discussing the regulatory framework in Indonesia and providing other information (related to culture) that a person needs to settle in Jakarta for business or personal.
What is Working and Staying in Indonesia for Foreigners?
If you went Working and Staying in Indonesia for Foreigners, You must have a permit to employ foreign workers (IMTA). Under the IMTA, Indonesian immigration will issue a Limited Stay Visa (VITAS) and a Limited Stay Permit Card (KITAS).
To obtain work and stay permits for foreign nationals, some general requirements must be met.
General Requirements Working and Staying in Indonesia for Foreigners
- General requirements for obtaining Working and Staying in Indonesia for Foreigners, based on Article 36, Government Regulation No. 35 of 2015 are:
- You have a qualifying education for the position for which you are applying
- You have a certificate of competence or at least 5 years of relevant work experience for the position you are applying for
- You will need to present a statement letter and a training report showing that the transfer of knowledge and skills is mandatory, and how it affects employers in Indonesia
- You must have an insurance policy from an insurance company in Indonesia (example: National Health Insurance administered by BPJS)
- You must have a Taxpayer Identification Number (NPWP) and have registered with the National Social Security if you have been working in Indonesia for more than six months
Work Permit Age Requirements Working and Staying in Indonesia for Foreigners
The general requirements for permits to work and live in Indonesia, usually do not specify an age limit. With this in mind, you can qualify for a work permit (IMTA) at any age as long as you have at least 5 years of work experience.
This is different for art workers (impresarios), and foreign workers assuming an urgent or temporary work position. More specific regulations apply depending on the job industry.
For example, if you are going to work in the oil and gas industry, you have to be around 30 to 55 years old. This is regulated in the regulation of the Ministry of Energy and Mineral Resources (No. 31/2013).
However, the age restrictions for Working and Staying in Indonesia for Foreigners do not apply to the highest level positions in your company. Such as director, head of representative office, or commissioner position. This also does not apply if you have “very specific skills, so it is important for your company/institution”.
Residence permit requirements for Working and Staying in Indonesia for Foreigners
“Every foreigner who is in the territory of Indonesia is required to have a residence permit. Working and Staying in Indonesia for Foreigners permit is given to foreigners following the visa they have ”. Stay permit, as referred to in paragraph (1), consists of:
- Diplomatic Stay Permit
- Official Stay Permit
- Visit Stay Permit
- Limited Stay Permit
- Permanent Residence Permit.
Process of Obtaining a Working and Staying in Indonesia for Foreigners
The process of obtaining Working and Staying in Indonesia for Foreigners can of course be very tiring and patience is the key. Here is the general process:
- Your sponsor company receives approval from the RPTKA for its proposal, from the Indonesian Ministry of Manpower.
- Your sponsor company must go through a pre-IMTA / pre-work permit process and will be notified of the duration you can Working and Staying in Indonesia for Foreigners.
- Upfront payment of USD 100 / month to be paid for DKP-TKA.
- With an approved work permit or IMTA, you can now work legally in Indonesia.
- With your work permit, immigration in Indonesia will issue a VITAS for you.
- You must convert your VITAS to KITAS when you arrive in Indonesia.
Fields available to Working and Staying in Indonesia for Foreigners
A foreign national can hold a work permit in all positions which are not restricted according to Article 4 of the Immigration Law, Regulation No. 31 of 2013. Based on these considerations, a foreigner cannot hold a position in the following sectors:
- Human Resources (HR) Department
- Department of Law
- Health, safety, and environmental affairs
- Supply chain management
- Quality inspection and control (Article 4, ESDM Regulation No. 21/2013)
The validity period of a Working and Staying in Indonesia for Foreigners
According to the regulations, the validity period of Working and Staying in Indonesia for Foreigners, ranges from one to 12 months, depending on the type of industry that employs you, or the type of RPTKA obtained from the sponsor company that took care of your departure.
Also, the validity of your Working and Staying in Indonesia for Foreigners permit depends on the position you will have at a company in Indonesia. Overall, if you are not in a non-managerial position, you will get an IMTA that is valid for 6 months.
Work positions qualify for a 12-month Working and Staying in Indonesia for Foreigners :
• Foreign staff at managerial level
• Chairman of the representative office
Types of Working and Staying in Indonesia for Foreigners and their validity period
Urgent Work Permit
This work permit has a validity period of 1 month and is issued for work that is urgent and needs to be done immediately, to avoid consequences for the sponsor company or the community.
Temporary Working and Staying in Indonesia for Foreigners
With a validity period of between 2 and 6 months, temporary work permits are valid for foreigners in industries such as trading, services, and consulting. This work permit also applies to foreign workers in sectors such as maintenance and machine installation.
Long Term Work Permit
Also known as a normal work permit, this work permit is valid for 7 to 12 months for the expatriate who are at higher management levels, such as managers, directors, and commissioners.
Sanctions for not having a permit to Working and Staying in Indonesia for foreigners
You need to remember that if you already have the documents, make sure that the extension of work and residence permits for foreign nationals is done on time and always follows applicable regulations.
Because every violation has legal consequences, especially in cases of work and residence permits in Indonesia for foreign nationals, for example, the penalty if you misuse your residence permit is up to 5 years in prison (Article 122, Immigration Law).
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We understand that for foreign nationals, especially those who have never applied for a Working and Staying in Indonesia for Foreigners permit in Indonesia, it is very draining and even time-consuming.
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BINKA Consulting provides a complete package for valid 100% Approval of Foreign Investment and Private Limited Company Establishment (PT) including work and residence permits for foreigners in Indonesia. We aim to ensure minimum costs and maximum efficiency are provided for all of our clients.
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