Work­ing in In­done­sia with a Stay Per­mit Spon­sored by a Spouse?

Indonesia Expat - - CONTENT -

For­eign­ers wish­ing to work in In­done­sia re­quire a For­eign Man­power Util­i­sa­tion Plan (RPTKA) and work per­mit (IMTA), which are is­sued by the Min­istry of Man­power, and a lim­ited stay per­mit (ITAS) or per­ma­nent stay per­mit (ITAP). The RPTKA and IMTA can­not be spon­sored by spouse and al­ways must be spon­sored by the com­pany where the for­eigner is work­ing. The ITAS and ITAP can be ei­ther spon­sored by the com­pany or by the spouse, when the spouse is an In­done­sian ci­ti­zen. In this ar­ti­cle we dis­cuss whether the ITAS and ITAP spon­sored by a spouse can be used for work pur­poses in In­done­sia.

Lim­ited Stay Per­mit (ITAS) Spon­sored by Com­pany

The ma­jor­ity of the for­eign work­ers in In­done­sia have their ITAS spon­sored by an In­done­sian com­pany. Once all doc­u­ment re­quire­ments are ful­filled, the process is straight­for­ward. Once the ITAS is is­sued, the job ti­tle of the for­eigner will be stated un­der the header “Oc­cu­pa­tion” on the ITAS.

Lim­ited Stay Per­mit (ITAS) Spon­sored by Spouse

For­eign­ers who are mar­ried to an In­done­sian spouse are el­i­gi­ble to ob­tain an ITAS spon­sored by their spouse. Ac­cord­ing to the ex­plana­tory note of ar­ti­cle 39 of the Im­mi­gra­tion Law, there are two types of lim­ited stay visa in In­done­sia:

1. Visa for Work­ing; and

2. Visa for Non-Work­ing The note fur­ther ex­plains that a lim­ited stay visa pro­vided for fam­ily uni­fi­ca­tion (e.g. in case the for­eign worker stay per­mit is spon­sored by spouse) falls un­der the type of a Non-Work­ing Visa. This ex­plana­tory note is fur­ther reg­u­lated in Ar­ti­cle 102 of Gov­ern­ment Reg­u­la­tion num­ber 31 of 2013, which con­firms that fam­ily uni­fi­ca­tion is a NonWork­ing Visa type. On the con­trary, Ar­ti­cle 61 of the Im­mi­gra­tion Law states that for­eign­ers who are spon­sored by their spouse are al­lowed to work in In­done­sia. This is sup­ported by Ar­ti­cle 28 (9) c of the Min­istry of Law and Hu­man Rights Reg­u­la­tion 27 of 2014, which states that a for­eigner who is mar­ried to an In­done­sian spouse and who in­tends to work in In­done­sia by us­ing his/her spouse as spon­sor, needs to at­tach the For­eign Man­power Util­i­sa­tion Plan (RPTKA). In prac­tice, when ap­ply­ing for a spousal stay per­mit, Im­mi­gra­tion Of­fi­cers will re­ject the RPTKA and IMTA as sup­port­ing doc­u­ments for the ITAS ap­pli­ca­tion. The on­line im­mi­gra­tion sys­tem does not sup­port the up­load of RPTKA and IMTA. As a re­sult, when the ITAS is is­sued, it will state un­der the header “Oc­cu­pa­tion” that the for­eigner has no oc­cu­pa­tion. To avoid prob­lems with im­mi­gra­tion dur­ing au­dits, for­eign­ers should no­tify Im­mi­gra­tion of their work sta­tus, and re­quest an amend­ment of the “Oc­cu­pa­tion” header un­der the ITAS. Based on our ex­pe­ri­ence how­ever, spousal ITAS hold­ers are not be­ing ques­tioned by Im­mi­gra­tion on this is­sue. Sev­eral local im­mi­gra­tion of­fices have also con­firmed that they are aware of this is­sue and that they will not take any ac­tion against it.

Per­ma­nent Stay Per­mit (ITAP) Spon­sored by Com­pany

In or­der for a for­eigner to ob­tain an ITAP spon­sored by a com­pany, the for­eigner must ful­fil strict re­quire­ments. A for­eign worker can ob­tain an ITAP when at least one of the be­low re­quire­ments is met:

1. The for­eigner holds the po­si­tion of pres­i­dent direc­tor in a Lim­ited Li­a­bil­ity Com­pany (PT PMA) or holds the po­si­tion of chief rep­re­sen­ta­tive of a For­eign Rep­re­sen­ta­tive Of­fice. In ad­di­tion, the for­eigner has stayed for more than three years con­tin­u­ously in In­done­sia;

2. The for­eigner holds the po­si­tion of ei­ther direc­tor or com­mis­sioner in a Lim­ited Li­a­bil­ity Com­pany (PT PMA) and has in­vested at least Rp1 bil­lion in the com­pany’s share cap­i­tal. In ad­di­tion, the for­eigner has stayed for more than three years con­tin­u­ously in In­done­sia; or

3. The for­eigner is a pure in­vestor and does not hold a direc­tor or com­mis­sioner po­si­tion in a Lim­ited Li­a­bil­ity Com­pany (PT PMA). The min­i­mum in­vest­ment in the share cap­i­tal of the com­pany is Rp10 bil­lion. In ad­di­tion, the for­eigner has stayed for more than three years con­tin­u­ously in In­done­sia. Not many for­eign­ers ap­ply for an ITAP spon­sored by a com­pany due to the strin­gent re­quire­ments set by the In­done­sian gov­ern­ment.

Per­ma­nent Stay Per­mit (ITAP) Spon­sored by Spouse

For­eign­ers who are mar­ried to an In­done­sian spouse can ob­tain an ITAP af­ter two years of mar­riage. Sim­i­lar to an ITAS spon­sored by spouse, the ITAP will not state the oc­cu­pa­tion of the for­eigner on the ITAP. For­eign­ers are there­fore ad­vised to no­tify Im­mi­gra­tion of their work sta­tus. As the ITAP card does not men­tion any oc­cu­pa­tion, for­eign­ers are not re­quired to re­quest an amend­ment of the ITAP card. 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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