The New Ap­pli­ca­tion Pro­ce­dure for Ex­pa­tri­ate Work Per­mit and Stay Per­mits Ex­plained

Indonesia Expat - - CONTENTS -

Since the is­suance of Presidential Reg­u­la­tion 20/2018 con­cern­ing the use of for­eign work­ers (PR 20/2018) in March this year, there has been a lot of un­cer­tainty about the new pro­ce­dure for for­eign work per­mit ap­pli­ca­tions. Ear­lier this month the Min­istry of Man­power (MOM) and the Direc­torate Gen­eral of Im­mi­gra­tion

(DGI) held a sem­i­nar to dis­cuss the new ap­pli­ca­tion pro­ce­dure with the pub­lic. At the same time the Min­istry of Man­power is­sued Reg­u­la­tion 10/2018 con­cern­ing the pro­ce­dures for the use of for­eign work­ers (MOMR 10/2018), which is an im­ple­ment­ing reg­u­la­tion of PR 20/2018. At the time of writ­ing of this ar­ti­cle the new pro­ce­dures have not yet been im­ple­mented. In this ar­ti­cle we will dis­cuss the ma­jor changes which are ex­pected to take place once the new reg­u­la­tions are im­ple­mented.

Work Per­mit for For­eign Work­ers Cur­rent sit­u­a­tion

Com­pa­nies em­ploy­ing for­eign work­ers now first need to ap­ply for a For­eign Worker Place­ment Plan ( Ren­cana Peng­gu­naan Te­naga Kerja As­ing – RPTKA). The RPTKA is a cor­po­rate li­cence that spec­i­fies the job ti­tles of for­eign work­ers, the num­ber of for­eign work­ers in a com­pany and the du­ra­tion of their as­sign­ment in In­done­sia and is valid for a max­i­mum pe­riod of one year. This plan is used as the ba­sis to ap­ply for a for­eign worker's work per­mit ( Izin Mem­peker­jakan Te­naga Kerja As­ing – IMTA). The IMTA is a cor­po­rate li­cence is­sued for each in­di­vid­ual for­eign worker which spec­i­fies their iden­tity, job ti­tle, work lo­ca­tions and spon­sor com­pany and is valid for a max­i­mum pe­riod of one year. Ba­si­cally, a for­eigner can only work un­der one com­pany us­ing one IMTA, un­less he/she is work­ing as di­rec­tor or com­mis­sioner. The ap­pli­ca­tion of RPTKA and IMTA can take up to three to four weeks, de­pend­ing on how fast the li­cences are pro­cessed by the gov­ern­ment.

What are the main changes?

Un­der the MOMR 10/2018, the fol­low­ing main changes are ex­pected to take place:

• Com­pa­nies will no longer need to ap­ply for an IMTA.

Af­ter com­pa­nies have re­ceived the RPTKA of the for­eign worker, they must ap­ply for a No­ti­fi­ca­tion, which is es­sen­tially a re­place­ment of the IMTA. The PR 20/2018 reg­u­lates that the RPTKA can al­ready be con­sid­ered as work per­mit. How­ever since no de­tailed per­sonal in­for­ma­tion is pro­vided in the RPTKA, we as­sume that in re­al­ity a for­eign worker can only start work­ing in In­done­sia af­ter the com­pany has ob­tained a No­ti­fi­ca­tion from MOM.

• The pro­cess­ing times will be­come shorter.

The ap­pli­ca­tion time may be re­duced to only two work­ing days for the RPTKA (af­ter on­line Skype meet­ing with MOM) and two work­ing days for the No­ti­fi­ca­tion (af­ter pay­ment of the re­quired gov­ern­ment costs). It re­mains how­ever to be seen if these pro­cess­ing times can be met by MOM. Based on our ex­pe­ri­ence, the ac­tual pro­cess­ing times dif­fer sig­nif­i­cantly from the times stip­u­lated in reg­u­la­tions.

• The va­lid­ity pe­riod of the RPTKA will in­crease.

The va­lid­ity pe­riod of the RPTKA may in­crease to up to five years. This means that it may not need to be re­newed ev­ery year, which may sig­nif­i­cantly de­crease the pro­cess­ing times.

• Di­rec­tors and com­mis­sion­ers who are share­hold­ers no longer re­quire a work per­mit.

This group of for­eign­ers is not re­quired to ap­ply for RPTKA and No­ti­fi­ca­tion. More­over, they are not re­quired to make the pay­ment to the Man­power Skill and De­vel­op­ment Fund (DPKK / DKP-TKA) of US$100 per month.

• For­eign­ers are al­lowed to work in mul­ti­ple com­pa­nies in cer­tain sec­tors.

Be­sides di­rec­tors and com­mis­sion­ers, un­der the new reg­u­la­tions for­eign work­ers ac­tive in the vo­ca­tional ed­u­ca­tion and train­ing sec­tor, the oil and gas sec­tor and the dig­i­tal econ­omy sec­tor are al­lowed to work at mul­ti­ple com­pa­nies within the same sec­tor.

• Re­quire­ment to be able to speak the In­done­sian lan­guage.

For­eign work­ers who work in In­done­sia on a long-term as­sign­ment are now re­quired to learn the In­done­sian lan­guage. For­eign­ers on a short-term or emer­gency as­sign­ment, di­rec­tors and com­mis­sion­ers are ex­empted from this re­quire­ment..

Stay Per­mit for For­eign Work­ers and their Fam­i­lies Cur­rent sit­u­a­tion

Af­ter the com­pany has ob­tained the IMTA for its for­eign worker, it can ap­ply for the telex visa at DGI. Once the telex visa is is­sued, the for­eigner can col­lect the lim­ited stay visa ( Visa Ting­gal Ter­batas – VTT) at the In­done­sian em­bassy abroad. The pro­cess­ing time for the VTT de­pends on the In­done­sian em­bassy abroad, and usu­ally takes from two to five work­ing days. With the VTT stamped in their pass­port, the for­eigner can en­ter In­done­sia and start work­ing. Within 30 days from the date of ar­rival, the for­eigner will need to at­tend a bio­met­ric ses­sion at the lo­cal im­mi­gra­tion of­fice. Af­ter com­ple­tion of the bio­met­rics ses­sion the lim­ited stay per­mit ( Izin Ting­gal Ter­batas – ITAS) will be is­sued.Dur­ing the ap­pli­ca­tion process, which will take ap­prox­i­mately one and a half weeks, the for­eigner must hand in his/her pass­port to the lo­cal im­mi­gra­tion of­fice. At the time of writ­ing, the Min­istry of Law and Hu­man Rights has not yet is­sued an im­ple­ment­ing reg­u­la­tion to PR 20/2018.

What are the main changes?

Based on the PR 20/2018 and the sem­i­nar held by DGI and MOM the fol­low­ing changes are ex­pected to take place:

• ITAS is ap­plied for and col­lected be­fore the for­eigner en­ters In­done­sia.

The ITAS may be ap­plied for at the same time as ap­ply­ing for the No­ti­fi­ca­tion. For­eign­ers can then col­lect their ITAS ei­ther at the In­done­sian em­bassy abroad or at the air­port upon en­try into In­done­sia. It is im­por­tant to note that not all In­done­sian em­bassies and not all air­ports will pro­vide the fa­cil­ity for col­lec­tion of ITAS and this should there­fore be checked by the for­eigner or the im­mi­gra­tion con­sul­tant be­fore en­ter­ing In­done­sia.

• Pro­cess­ing time VTT and ITAS re­duced.

As the

VTT and ITAS will be ap­plied for at the same time as the No­ti­fi­ca­tion, we ex­pect the pro­cess­ing time to be sig­nif­i­cantly re­duced. More­over, there will be no fur­ther need to hand in the pass­port for the bio­met­ric ses­sion at the lo­cal im­mi­gra­tion. Cur­rently we are still await­ing the ac­tual im­ple­men­ta­tion of the new sys­tem and the is­suance of the new im­ple­ment­ing reg­u­la­tion of the Min­istry of Law and Hu­man Rights. We will keep you in­formed in case there are any ma­jor up­dates. For more in­for­ma­tion, please con­tact PNB Im­mi­gra­tion Law Firm at +62 21-22792254, or email us at info@pn­blaw­firm.com. Visit our web­site at www.pn­bim­mi­gra­tionlaw­firm.com

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