Frequently Asked Questions: #kitas

Yes, foreigners can serve as directors or commissioners in Indonesian companies, including PMA (foreign-owned) companies. However, there are some important considerations:

Directors:

• Foreigners can be appointed as directors in Indonesian companies.
• At least one director must be an Indonesian resident (not necessarily an Indonesian citizen).
• Foreign directors require a valid work permit (KITAS) and stay permit to reside and work in Indonesia.

Commissioners:

• Foreigners can also serve as commissioners in Indonesian companies.
• There is no residency requirement for commissioners.
• If a foreign commissioner performs active duties in Indonesia, they will need a work permit.

Key points to note:

• The composition of the board of directors and commissioners must comply with the company's Articles of Association.
• Some business sectors may have specific requirements or restrictions on foreign directors or commissioners.
• The appointment of directors and commissioners must be approved by shareholders and properly documented.
• Foreign directors and commissioners must have a tax identification number (NPWP) in Indonesia.

Work permit considerations:

• Foreign directors working in Indonesia need to obtain:
  • Limited Stay Visa (VITAS)
  • Limited Stay Permit (KITAS)
  • Work Permit (IMTA)
• The company must sponsor these permits for the foreign director.

Tax implications:

• Foreign directors and commissioners may have tax obligations in both Indonesia and their home country.
• It's advisable to consult with a tax professional to understand the specific tax implications.

Professional support:

• Due to the complexities of Indonesian corporate law and regulations, it's recommended to seek professional assistance when appointing foreign directors or commissioners.
• Okusi Associates can provide guidance on compliance requirements and assist with the necessary documentation and permit applications.

Remember to always check the latest regulations, as requirements may change over time.

#foreignDirectors   #foreignCommissioners   #KITAS   #workPermitRequirements   #corporateGovernance   #PMAcompany  

Okusi Associates can provide comprehensive assistance with visa and work permit applications for foreign employees of PMA companies in Indonesia. Here's how they can help:

Visa and Work Permit Services:

• Guidance on the appropriate visa type based on the employee's role and duration of stay
• Assistance with preparing and submitting all required documentation
• Liaison with relevant government departments, including the Ministry of Manpower and Immigration
• Support throughout the entire application process, from initial submission to final approval

Types of Visas and Permits:

• Work and Stay Permit (KITAS) for long-term foreign employees
• Business Visa for short-term business activities
• Dependent Visa for family members of KITAS holders
• Retirement Visa for eligible foreign retirees

Application Process Support:

• Preparation of the company's Expatriate Placement Plan (RPTKA)
• Obtaining the Expatriate Employment Permit (IMTA)
• Arranging for the Telex Visa approval
• Assistance with in-country visa conversion and KITAS issuance
• Coordination of biometric data collection and other immigration requirements

Ongoing Compliance:

• Monitoring of visa and permit expiration dates
• Assistance with renewals and extensions
• Guidance on maintaining legal status throughout the employee's stay in Indonesia

Additional Immigration Services:

• Support for multiple entry visa applications
• Assistance with police report registrations
• Guidance on obtaining stay permit books (KITAP) for long-term residents

Immigration Advocacy:

• Representation in case of immigration-related issues or disputes
• Advice on complex immigration matters and regulatory changes

By leveraging Okusi Associates' expertise in Indonesian immigration law and procedures, PMA companies can ensure a smooth and compliant visa and work permit application process for their foreign employees, minimizing delays and potential legal issues.

#workPermitRequirements   #visaRequirements   #KITAS   #foreignEmployee   #IMTA  

Yes, a foreign investor can obtain a KITAS (Kartu Izin Tinggal Terbatas, or Limited Stay Permit Card) without a job offer in Indonesia. This is possible through the following methods:

• Investor KITAS: Foreign investors who own shares in a PMA (Penanaman Modal Asing) company can apply for an Investor KITAS. This type of KITAS is not tied to employment but to the individual's status as a shareholder in the Indonesian company.

• Requirements for Investor KITAS:

  • The foreigner must be a shareholder in a PMA company
  • The company must be properly established and registered in Indonesia
  • The investment amount should meet the minimum required by regulations (typically around USD 1 million, but this can vary)

• Benefits of Investor KITAS:

  • Allows the investor to stay in Indonesia for extended periods
  • Provides the ability to act as a director or commissioner of the company
  • Does not require a separate work permit (IMTA) for working in the invested company

• Alternative: Retirement KITAS:

  • For individuals aged 55 or older
  • Allows long-term stay without employment
  • Requires proof of pension or sufficient funds to support oneself

• Process:

  • Establish or invest in a PMA company
  • Prepare necessary documents (company registration, proof of investment, etc.)
  • Apply for the Investor KITAS through the immigration authorities
  • May require assistance from a sponsor company or agent

• Duration:

  • Initially granted for 1 or 2 years
  • Can be extended as long as the investment remains active

• Limitations:

  • Investor KITAS holders are generally restricted from working for companies other than the one they've invested in
  • Regular reporting and compliance with immigration regulations is required

It's important to note that immigration regulations can change, and the process can be complex. Working with a professional service provider experienced in Indonesian immigration matters is advisable to ensure compliance and smooth processing of the Investor KITAS application.

#KITAS   #foreignInvestmentIndonesia   #PMAcompany   #visaRequirements   #investmentIndonesia  

Yes, family members of foreign workers can obtain visas to stay in Indonesia. Here are the key points:

• Dependent KITAS: Family members of foreign workers holding a KITAS (Kartu Izin Tinggal Terbatas, or Limited Stay Permit) can apply for a Dependent KITAS.

• Eligible family members:

  • Spouse (legally married)
  • Unmarried children under 18 years old

• Duration: The Dependent KITAS is typically valid for the same period as the main KITAS holder's permit.

• Application process:

  • The sponsoring company of the main KITAS holder usually assists with the application.
  • Required documents include marriage certificates, birth certificates, passports, and other supporting documents.

• Restrictions:

  • Dependent KITAS holders are not permitted to work in Indonesia.
  • If dependents wish to work, they must obtain their own work permit and KITAS.

• Education: Children on Dependent KITAS can attend schools in Indonesia.

• Healthcare: Dependents can access healthcare services, but it's advisable to have international health insurance coverage.

• Renewal: The Dependent KITAS must be renewed along with the main KITAS holder's permit.

• Multiple Entry Permit: A Multiple Entry Permit (MERP) can be obtained to allow dependents to enter and exit Indonesia multiple times during the validity of their KITAS.

It's important to note that immigration regulations can change, so it's advisable to consult with an immigration specialist or the relevant Indonesian authorities for the most up-to-date information and specific requirements for your situation.

#familyVisa   #KITAS   #dependentVisa   #foreignEmployee  

The process for renewing a Work Permit (KITAS) in Indonesia typically involves the following steps:

• Timing: Begin the renewal process at least 2 months before the current KITAS expires.

• Document Preparation: Gather necessary documents, including:

  • Valid passport with at least 18 months validity remaining
  • Current KITAS card
  • Updated sponsorship letter from the employing company
  • Proof of payment for DPKK (Dana Pengembangan Keahlian dan Keterampilan)
  • Recent color photographs
  • Proof of local health insurance coverage

• Company Sponsorship: The sponsoring company must initiate the renewal process by submitting an application to the Ministry of Manpower.

• Work Permit Renewal: Once approved by the Ministry of Manpower, a new work permit (IMTA) is issued.

• KITAS Renewal: With the new work permit, apply for KITAS renewal at the local immigration office.

• Biometrics: Attend an appointment at the immigration office for biometric data collection (fingerprints and photograph).

• KITAS Collection: Collect the new KITAS card once it's ready, usually within 3-5 working days after biometrics.

• SKTT (Police Report): Update your SKTT (Surat Keterangan Tempat Tinggal) at the local police station with your new KITAS details.

• MERP (Multiple Exit Re-entry Permit): Apply for a new MERP if you plan to travel internationally during your KITAS validity period.

It's important to note that the exact process and requirements may vary slightly depending on the specific immigration office and any recent regulatory changes. Working with an experienced immigration service provider can help ensure a smooth renewal process and compliance with all current regulations.

#KITAS   #workPermitRequirements   #foreignEmployee   #IMTA   #visaRequirements  

Indonesia offers several types of visas for foreign investors and workers:

Business Visa (Visa Bisnis)

• For business-related activities such as meetings, conferences, or market research
• Valid for 60 days and can be extended up to 4 times (maximum stay of 180 days)
• Does not permit employment or receiving income in Indonesia

Investor KITAS (Kartu Izin Tinggal Terbatas)

• For foreign investors in PMA companies
• Valid for 1-2 years and renewable
• Allows the holder to live and work in Indonesia

Work Permit and KITAS

• For foreign employees working in Indonesia
• Includes:
  • KITAS (Temporary Stay Permit Card)
  • MERP (Multiple Exit Re-entry Permit)
  • IMTA (Work Permit)
• Usually valid for 1 year and renewable

Dependent KITAS

• For family members (spouse and children under 18) of KITAS holders
• Allows them to stay in Indonesia but not work

Retirement Visa

• For retirees aged 55 or older
• Valid for 1 year and renewable
• Requires proof of pension/income and health insurance

Key points:

• All visas require sponsorship, either from a company or an individual
• Visa regulations can change, so it's important to check current requirements
• Some visas have specific financial or investment requirements
• Processing times and costs vary depending on the type of visa

For assistance with visa applications and renewals, Okusi Associates offers immigration services for foreign investors and workers in Indonesia.

#visaRequirements   #KITAS   #workPermitRequirements   #foreignInvestmentIndonesia   #businessVisa  

Business Visas and Work Permits (KITAS) serve different purposes for foreigners in Indonesia:

Business Visa:

• Intended for short-term business activities
• Does not allow the holder to work or receive compensation in Indonesia
• Typically valid for 60 days and can be extended up to 180 days
• Suitable for activities such as:
  • Attending business meetings or conferences
  • Conducting market research
  • Negotiating contracts
  • Site visits or inspections

Work Permit (KITAS):

• Required for foreigners who intend to work in Indonesia
• Allows the holder to legally work and receive compensation
• Usually valid for 1-2 years and can be renewed
• Provides additional benefits such as:
  • Multiple entry and exit privileges
  • Ability to open local bank accounts
  • Option to sponsor dependents

Key Differences:

• Purpose: Business Visa for temporary business activities; KITAS for long-term employment
• Work Authorization: Business Visa does not permit work; KITAS allows legal employment
• Duration: Business Visa is short-term; KITAS is for extended stays
• Application Process: KITAS requires more extensive documentation and sponsorship from an Indonesian company
• Restrictions: Business Visa holders face limitations on activities; KITAS holders have more flexibility

It's important to note that misusing a Business Visa for employment purposes is illegal and can result in severe penalties. Always ensure you have the appropriate visa or permit for your intended activities in Indonesia.

#businessVisa   #KITAS   #workPermitRequirements   #visaRequirements   #foreignEmployee  

Okusi Associates can provide comprehensive assistance with visa and work permit applications in Indonesia:

• Visa consultation and guidance - Their experienced visa specialists can advise on the most suitable visa type based on your specific situation and needs. They stay up-to-date on the latest immigration regulations.

• Document preparation - They help gather and prepare all necessary documents for visa/permit applications, ensuring everything is complete and accurate.

• Application submission - Okusi can handle the entire application process, including submitting documents to relevant authorities like the Immigration Office and Ministry of Manpower.

• Sponsorship - For certain visa types, Okusi can act as an official sponsor if needed.

• Work permit (IMTA) and stay permit (KITAS) assistance - They manage the full process of obtaining work and stay permits for foreign employees.

• Visa extensions and renewals - Okusi helps with extending and renewing visas and permits before they expire.

• Troubleshooting - If any issues arise during the application process, their team can liaise with immigration officials to resolve them.

• Ongoing compliance - They provide guidance to ensure you remain compliant with visa/permit regulations during your stay.

• Family/dependent visas - Assistance with obtaining visas for spouses and children.

• Multiple office locations - With offices in Jakarta, Bali, Batam and other cities, they can provide local support.

• Time and cost efficiency - Their expertise helps streamline the process and avoid costly mistakes or delays.

By leveraging their extensive experience and network, Okusi Associates aims to make the complex visa and work permit process as smooth and hassle-free as possible for their clients. Their comprehensive services cover the entire application lifecycle.

#workPermitRequirements   #visaRequirements   #KITAS   #IMTA   #foreignEmployee  

The process for renewing a Work Permit (KITAS) in Indonesia typically involves the following steps:

1. Start early: Begin the renewal process at least 60 days before your current KITAS expires.

2. Prepare documents: Gather all necessary documents, including your passport, current KITAS, and any updated information from your sponsoring company.

3. RPTKA renewal: Your sponsoring company needs to renew the Foreign Worker Utilization Plan (RPTKA) with the Ministry of Manpower.

4. Pay fees: The company must pay the required fees, including the Skills & Development Fund levy (USD 1,200 per year).

5. Submit application: Your company submits the renewal application to the relevant authorities.

6. Biometrics: You may need to visit the local immigration office for biometric data collection.

7. Approval and issuance: Once approved, the new KITAS will be issued.

8. Additional permits: Renew associated permits like the MERP (Multiple Exit Re-Entry Permit) and update your SKTT (Residence Letter) and STM (Police Report).

9. Collect new KITAS: Pick up your renewed KITAS from the immigration office.

It's important to note that the KITAS can typically be extended up to four times, each extension valid for one year. The exact process may vary slightly depending on your location in Indonesia and your specific circumstances.

To ensure a smooth renewal process, it's advisable to work with experienced professionals like Okusi Associates, who can handle the complexities of the application, liaise with relevant authorities, and keep you informed throughout the process.

#KITAS   #workPermitRequirements   #foreignEmployee   #IMTA  

To apply for a Work Permit (KITAS) in Indonesia, the following documents are typically required:

• Passport with at least 18 months validity
• Recent color photograph (4x6 cm with red background)
• Copy of company's deed of establishment and its amendments
• Tax ID number (NPWP) of the company
• Company domicile letter
• Business license (NIB)
• Manpower Utilization Plan (RPTKA) approval
• Expatriate Placement Plan (RPP) approval
• Educational certificates and CV of the foreign worker
• Job description for the position
• Proof of work experience (usually minimum 5 years)
• Recommendation letter from relevant government ministry (if applicable)
• Sponsorship letter from the employing company
• Proof of health/life insurance coverage
• Police clearance certificate from home country
• Copy of local employee's ID card (KTP) who will be understudy

Please note:

• Document requirements may vary slightly depending on the specific position and industry.
• All foreign language documents must be translated into Indonesian by a sworn translator.
• Some documents may need to be legalized or apostilled in the country of origin.
• The immigration office may request additional documents during the application process.

It's advisable to work with an experienced agent or consultant to ensure all requirements are met and the application process goes smoothly.

#KITAS   #workPermitRequirements   #foreignEmployee   #IMTA   #visaRequirements  

A Work Permit (KITAS) in Indonesia is typically valid for 6 months to 2 years, depending on the type of permit issued. It can be extended, subject to certain conditions:

• Initial Validity:

  • Most KITAS are issued for 1 year
  • Some may be issued for 6 months or 2 years, depending on the specific circumstances and type of work

• Extension Process:

  • KITAS can be extended before its expiration date
  • Extensions are usually granted for 1-year periods
  • Multiple extensions are possible, subject to continued eligibility

• Requirements for Extension:

  • Sponsorship from an Indonesian company
  • Proof of continued employment
  • Compliance with Indonesian tax obligations
  • Valid passport with at least 18 months remaining validity
  • Proof of health insurance coverage

• Timing:

  • Extension application should be submitted 30-60 days before the current KITAS expires

• Limitations:

  • There may be a maximum number of extensions allowed, depending on the position and industry
  • Some positions may require re-evaluation of the need for a foreign worker after a certain period

• Important Considerations:

  • Failing to extend a KITAS before it expires can result in fines or difficulties in obtaining future permits
  • The sponsoring company plays a crucial role in the extension process
  • Any changes in employment or position may require a new KITAS application rather than an extension

It's advisable to work closely with your sponsoring company and potentially seek assistance from experienced immigration consultants to ensure a smooth extension process.

#KITAS   #workPermitRequirements   #foreignEmployee   #visaRequirements  

The process for obtaining a Work Permit (KITAS) in Indonesia involves several steps:

1. Employer Preparation

• The Indonesian company must be properly established and have the necessary licenses to employ foreign workers.
• The company needs to prepare a Foreign Manpower Utilization Plan (RPTKA) for approval.

2. Work Permit Application

• Once the RPTKA is approved, the company applies for a Foreign Worker Utilization Permit (IMTA).
• The IMTA serves as the official work permit for the foreign employee.

3. KITAS Application

• After obtaining the IMTA, the company initiates the KITAS (Kartu Izin Tinggal Terbatas) application process.
• The KITAS is a temporary stay permit card that allows the foreign worker to reside in Indonesia.

4. Required Documents

• Passport (with at least 18 months validity)
• Educational certificates and work experience letters
• Job description
• Passport-sized photographs
• Health certificate from an approved medical facility
• Proof of insurance coverage

5. Visa Process

• The foreign worker applies for a VITAS (Visa Tinggal Terbatas) at the Indonesian embassy in their home country.
• Upon arrival in Indonesia, the VITAS is converted into a KITAS.

6. Registration and Reporting

• The foreign worker must register with the local immigration office within 30 days of arrival.
• Additional registrations may be required with the local police and for tax purposes.

7. Family Members

• Dependents (spouse and children under 18) can apply for dependent KITAS.

8. Renewal

• KITAS is typically valid for 1-2 years and can be renewed as needed.

Important Notes:

• The process can be complex and time-consuming. Many companies use professional services to handle KITAS applications.
• Regulations may change, so it's advisable to consult with immigration experts for the most up-to-date information.
• Some positions or industries may have additional requirements or restrictions for foreign workers.

For personalized assistance with obtaining work permits and KITAS in Indonesia, consider consulting with a professional service provider specializing in immigration matters.

#KITAS   #workPermitRequirements   #foreignEmployee   #IMTA   #visaRequirements  

The Skills & Development Fund (SDF) levy is a mandatory contribution required for companies employing foreign workers in Indonesia. Key points about the SDF levy include:

• Purpose: It is designed to support the development of local workforce skills and competencies.

• Applicability: The levy applies to companies employing foreign workers on KITAS (temporary stay permit) visas.

• Payment frequency: The SDF levy is paid monthly for each foreign worker employed.

• Cost: The current rate is USD 100 per month per foreign worker.

• Payment method: The levy is typically paid through the company's BPJS Ketenagakerjaan (workers' social security) account.

• Legal basis: The SDF levy is mandated by Indonesian government regulations as part of the country's efforts to promote skills transfer and local workforce development.

• Non-compliance consequences: Failure to pay the SDF levy can result in difficulties renewing work permits and potential fines or sanctions.

• Exemptions: Some categories of foreign workers may be exempt from the SDF levy, such as diplomatic personnel or those working on specific government-to-government projects.

Companies employing foreign workers should factor this ongoing cost into their budgeting and ensure timely payments to maintain compliance with Indonesian labor regulations.

#skillsDevelopmentFund   #KITAS   #foreignEmployee   #laborLawCompliance  

To obtain a Work Permit (KITAS) in Indonesia, applicants must meet the following eligibility requirements:

• Be employed by an Indonesian company that is authorized to hire foreign workers
• Have a position that cannot be filled by an Indonesian citizen
• Possess the required qualifications and experience for the job
• Be at least 25 years old
• Have a valid passport with at least 18 months validity remaining
• Provide a curriculum vitae detailing work experience
• Hold relevant educational qualifications or certificates for the position
• Have health and life insurance coverage valid in Indonesia
• Not have any criminal record
• Be in good health, as certified by a medical examination
• Agree to transfer knowledge and skills to Indonesian workers

Additional considerations:

• The sponsoring company must have a valid Expatriate Placement Plan (RPTKA) approved by the Ministry of Manpower
• The position must not be on the list of jobs closed to foreign workers
• There are typically ratio requirements limiting the number of foreign workers to Indonesian employees
• Directors and commissioners of PT PMA companies are generally eligible for work permits
• Work permits are usually issued for 6-12 months initially, with the possibility of extension

It's important to note that regulations can change, and specific requirements may vary depending on the industry and position. Consulting with a professional service provider like Okusi Associates can help ensure compliance with the most up-to-date regulations and streamline the application process.

#KITAS   #workPermitRequirements   #foreignEmployee   #IMTA   #employmentEligibility  

Indonesia offers several types of visas for foreign investors and workers:

1. Investor KITAS (Limited Stay Permit)

• Available for 1-2 years for investors who own shares in an Indonesian company
• Requires minimum investment of IDR 1 billion in invested shares
• Allows multiple entries/exits and work as director/commissioner

2. Golden Visa (E28B, E28C, E28D)

• Valid for up to 5-10 years
• For investors, business owners, directors/commissioners
• Requires proof of minimum living expenses of US$5,000
• Allows multiple entries/exits and pathway to permanent residency

3. Work Permit KITAS

• For foreign employees sponsored by an Indonesian company
• Requires approval of Foreign Worker Utilization Plan (RPTKA)
• Valid for 1-2 years, renewable

4. Business Visa

• For business trips, meetings, conferences (not for employment)
• Single or multiple entry options available
• Valid for 60 days per visit

5. Digital Nomad Visa (E33G)

• For remote workers employed by overseas companies
• Valid for up to 1 year
• Requires proof of employment and minimum income

6. Retirement Visa

• For retirees aged 55+
• Valid for up to 5 years
• Requires proof of pension/savings

The specific requirements and benefits vary for each visa type. Consulting with an experienced firm like Okusi Associates is recommended to determine the most suitable visa option based on individual circumstances.

#visaRequirements   #KITAS   #foreignInvestmentIndonesia   #workPermitRequirements   #businessVisa  

The key differences between a Business Visa and a Work Permit (KITAS) in Indonesia are:

• Purpose:

  • Business Visa: Allows entry for business-related activities like meetings, conferences, or training, but does not permit working or earning income in Indonesia.
  • Work Permit (KITAS): Allows the holder to legally work and earn income in Indonesia.

• Duration:

  • Business Visa: Typically valid for 60 days (single entry) or up to 1 year (multiple entry) with maximum 60-day stays per visit.
  • Work Permit (KITAS): Usually valid for 6-12 months and can be extended.

• Eligibility:

  • Business Visa: Generally easier to obtain, requires sponsorship from an Indonesian company.
  • Work Permit (KITAS): Requires employer sponsorship and approval of a Foreign Worker Utilization Plan (RPTKA) by the Ministry of Manpower.

• Application Process:

  • Business Visa: Simpler process, can often be obtained online in about 5-10 working days.
  • Work Permit (KITAS): More complex process involving multiple government agencies, can take 1-2 months.

• Activities Allowed:

  • Business Visa: Attending meetings, conferences, seminars; no work or income-generating activities permitted.
  • Work Permit (KITAS): Allows full employment and income generation in Indonesia.

• Additional Requirements:

  • Business Visa: Generally fewer documents required.
  • Work Permit (KITAS): Requires proof of qualifications, work experience, and payment of a skills development levy (DPKK).

In summary, a Business Visa is for short-term business-related visits without working, while a Work Permit (KITAS) is required for foreigners intending to work and live in Indonesia for an extended period.

#workPermitRequirements   #businessVisa   #KITAS   #visaRequirements  

Yes, there are additional fees beyond the package cost for obtaining a Work Permit (KITAS) in Indonesia:

• Government fees: These are mandatory charges set by the Indonesian government and are subject to change. They include:

  • RPTKA (Foreign Manpower Utilization Plan) fee
  • IMTA (Work Permit) fee
  • KITAS (Temporary Stay Permit) fee
  • Multiple Exit Re-Entry Permit (MERP) fee

• Police report fee: Required for the KITAS application process

• Medical check-up fee: A health examination is mandatory for KITAS applicants

• Visa fee: If the applicant needs to obtain a visa before entering Indonesia

• Translation costs: If any documents need to be translated into Indonesian

• Notarization or legalization fees: For certain documents that may require official certification

• Travel expenses: If the applicant needs to travel to a specific location for document submission or biometric data collection

• Courier or expedited processing fees: If faster processing is requested

• Potential miscellaneous expenses: Such as photographs for the application or photocopying services

It's important to note that these fees can vary based on factors such as the applicant's nationality, the location of application, and any changes in government regulations. For the most up-to-date and accurate information on specific costs, it's advisable to consult directly with Okusi Associates or check their website for current pricing details.

#KITAS   #workPermitRequirements   #visaRequirements   #foreignEmployee