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Get to Know KITAS-KITAP and the Procedure

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KITAP and KITAS are residence documents that are often required by certain administrative authorities/agencies to identify a citizen, especially a foreign citizen who chooses to reside in the jurisdiction of the Republic of Indonesia. These two licensing documents are mandatory prerequisites for foreigners working or living in Indonesia, or for companies planning to use professional foreign workers to carry out business activities for a long time as expatriates so that they can legally carry out their activities, and are not legally impaired. 

 

A. Definition of KITAS

In general, a Limited Stay Permit Card (Kartu Izin Tinggal Terbatas, “KITAS”) is a permit card given to Foreign Citizens who will stay in Indonesia for a certain period of time. KITAS is regulated in Regulation of the Minister of Law and Human Rights Number 29 of 2021 on Visas and Stay Permits (“RMLHR 29/2021”) in Article 1 number 18 with the term Limited Stay Permit, which explains that:

 

“Limited Stay Permit is a permit granted to a Foreigner to stay and be in the Indonesian Territory for a limited period.”

 

In order to obtain that document, in general, the applicant must have a job in Indonesia and be sponsored by the company where the foreign citizen works.

 

B. Eligible Parties to Obtain KITAS

Based on Article 52 of Law Number 6 of 2011 on Immigration (“Law 6/2011”), KITAS is given to:

 

  1. Foreigners who enter the Indonesian Territory with a Limited Stay Visa;
  2. Children whose father and/or mother are KITAS holders at the time of their birth in the Indonesian Territory;
  3. Foreigners who are granted a status transfer from a Visit Stay Permit;
  4. The captain, crew, or foreign experts on ships, floating equipment, or installations operating in Indonesian waters and jurisdictions in accordance with the provisions of laws and regulations;
  5. Foreigners who are legally married to Indonesian citizens; or
  6. Children of foreigners who are legally married to Indonesian citizens.

 

The granting, extension, and cancellation of KITAS to these parties is carried out by the Minister of Law and Human Rights or a designated Immigration Officer.

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C. KITAS Validity Period

KITAS has various durations as stipulated in Article 75 of RMLHR 29/2021 so that the card holders do not need to extend their Visa every month, as follows:

  1. a maximum of 5 (five) years;
  2. a maximum of 2 (two) years;
  3. a maximum of 1 (one) year;
  4. a maximum of 180 (one hundred eighty) days; or
  5. maximum of 90 (ninety) days.

 

A KITAS with a validity period of 5 (five) years is given to foreigners who make Indonesia their second home.

 

A KITAS with a validity period of 1 (one) to 2 (two) years is given to:

  • foreigners who are legally married to Indonesian citizens;
  • children of foreigners who are legally married to Indonesian citizens;
  • repatriation;
  • former Indonesian citizens;
  • foreign elderly tourists; or
  • experts, investors, clergies and students attending education.

 

Meanwhile, a KITAS with a validity period of 90 (ninety) days to 180 (one hundred eighty) days is granted to foreigners:

  • carrying out activities related to the profession by receiving payment;
  • carrying out activities in the context of making commercial films and have obtained permission from the competent authority;
  • carrying out quality control of goods or production;
  • performing inspections or audits on company branches in Indonesia;
  • performing after-sales services;
  • installing and repairing machines;
  • performing non-permanent work in the context of construction;
  • holding art, music and sports performances;
  • holding professional sports activities;
  • carrying out treatment activities; or
  • as prospective foreign workers who will work in the framework of testing expertise.

 

D. KITAS Application Procedure

The application for the grant of a Limited Stay Permit must be submitted no later than 30 (thirty) days from the date the Entry Mark is issued. The application is submitted by the Guarantor or Person in Charge by filling out a data application and attaching the following requirements:

  1. Nationality Passport that is still valid and contains an Entry Sign; and
  2. guarantee letter from the Guarantor

 

In addition to attaching the requirements as described above, a foreigner qualified as follows:

  • a person who work as an expert;
  • a person who conduct scientific research;
  • a person who attend education and training;
  • a person who perform duties as a clergy;
  • eldery travelers from abroad;
  • a foreigner as a former Indonesian citizen;
  • a foreigner in the context of investment;
  • a foreigner joining a husband or wife holding a KITAS;
  • children who are foreign nationals joining the father and/or mother and having a legal family relationship with the father and/or mother who are Indonesian citizens; and
  • children under 18 (eighteen) years of age and unmarried joining the father and/or mother holding a KITAS or KITAP

 

is required to attach additional requirements, which generally include:

 

  1. For Investors and Labor
    Recommendations for the Use of Foreign Workers (Rencana Penggunaan Tenaga Kerja Asing, “RPTKA”) and Permits to Employ Foreign Workers (Izin Menggunakan Tenaga Kerja Asing, “IMTA”) from the Ministry of Manpower

  2. For Clergy
    • Recommendation from the Ministry of Religion; and
    • Deed of establishment of a clerical foundation or institution.

  3. For those who attend education and training
    • Recommendations from the Ministry of Education and Culture/Ministry of Religion/government agencies in charge; and
    • Recommendation from the state secretariat for foreign recipients of Indonesian scholarships.

  4. With regards to population matters
    • Birth certificate
    • Marriage certificate
    • Family card
    • KITAS/KITAP from father/mother

 

After fulfilling the above requirements, the Head of the Immigration Office or Immigration Officer completes the application for a Limited Stay Permit through the following mechanisms:

  1. inspection of the completeness of the requirements;
  2. data entry, file scanning and print application receipts;
  3. payment of Immigration fees in accordance with the applicable provisions;
  4. approval of the Head of the Immigration Office or of the appointed Immigration Officer;
  5. interview, identification and verification of data as well as photo and fingerprint biometric data collection;
  6. issuance of a KITAS which also contains a Re-Entry Permit on the Nationality Passport;
  7. the signing of the Head of the Immigration Office or a designated Immigration Officer;
  8. completion of document scanning; and
  9. document submission.

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E. Definition of KITAP

Other than KITAS, there is another foreign residence permit named Permanent Stay Permit Card (Kartu Izin Tinggal Tetap, “KITAP”). Article 106 number 1 of Law Number 11 of 2020 on Job Creation (“Law 11/2020”), which amends Article 1 number 23 of Law 6/2011, stipulates the definition of KITAP with the term limited stay permit, as follows:

 

“Permission granted to certain foreigners to reside and settle in the Indonesian territory as Indonesian residents.”

 

F. Eligible Parties to obtain KITAP

Based on Article 126 of RMLHR 29/2021, KITAP can be granted through status transfer to:

  1. Foreigners who hold KITAS as clergies, workers, investors, and the elderly;
  2. family due to mixed marriage;
  3. husband, wife, and/or children of foreigners holding KITAP; and
  4. Foreigners as former Indonesian citizens or  former children with dual citizenships of the Republic of Indonesia

 

In addition, the KITAP can also be given directly without going through a status transfer to:

  1. former children previously under dual citizenships of the Republic of Indonesia who chooses foreign citizenship;
  2. children born in Indonesia to foreigners holding KITAP; and
  3. Indonesian citizens who have lost their Indonesian citizenship in the Indonesian Territory.

 

G. The validity period of KITAP

KITAP is given for a period of 5 (five) years except for Foreigners qualified as follows:

  1. husband, wife, father or mother of Foreigners holding KITAP; and
  2. children born in Indonesia to Foreigners holding KITAP,

 

KITAP may be extended for an indefinite period of time provided that the Stay Permit is not cancelled.

 

H. KITAP Application Procedure

Article 195 RMLHR 29/2021 stipulates that applications for change of KITAS status to KITAP are submitted specifically by applicants by filling out the application data form and attaching the following documents:

 

  1. Residence certificate issued by the Department of Population and Civil Registration;
  2. A valid Nationality Passport containing the Permanent Stay Permit stamp;
  3. KITAS;
  4. Guarantee letter from the Guarantor;
  5. ID card and family card of the guarantor or person in charge;
  6. KITAS or KITAP in the event that the Guarantor or Person in Charge is a foreign national;
  7. Integration Statement except for children who are under 18 years of age and not yet married; and
  8. Power of attorney with sufficient stamp duty, in the event that the application is submitted through a proxy.

 

In order to get a KITAP, an applicant who has a KITAS must have lived in Indonesia for more than 3 (three) consecutive years, and an applicant related to mixed marriage must has been married for at least 2 (two) years.

 

The Head of the Immigration Office or Immigration Officer grants a Permanent Stay Permit through transfer of status or without transfer of status with the following mechanisms:

  1. payment of Immigration fees in accordance with the applicable provisions;
  2. interview, identification and verification of data as well as photo and fingerprint biometric data collection;
  3. issuance of a KITAP and the stamping of a Permanent Stay Permit at the same time containing a Re-Entry Permit;
  4. the signing of a KITAP and the stamp of the Permanent Stay Permit by the Head of the Immigration Office or a designated Immigration Officer;
  5. completion of document scanning; and
  6. document submission.

 

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Disclaimer: This article has been prepared for scientific reading and marketing purposes only from ADCO Law. Accordingly, all the writings contained herein do not constitute the formal legal opinion of ADCO Law. Therefore, ADCO Law should be held harmless of and/or cannot be held responsible for anything performed by entities who use this writing outside the purposes of ADCO Law.