An Overview of the Types of Sponsored Work and Stay Permits in Indonesia

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Foreigners who wish to work and stay in Indonesia can choose from various types of work and stay permits, depending on the type of job, qualifications, and preference. The work permit (IMTA) is issued by the Ministry of Manpower, and the stay permit (ITAS/ITAP) is issued by Immigration. In this article we will provide an overview of the four main types of sponsored work and stay permits in Indonesia.

One month / emergency work permit and limited stay permit

The one month / emergency work permit (IMTA) and limited stay permit (ITAS) must be sponsored by a company, is valid for maximum 30 days and is non-renewable. At the end of the 30-day validity period, the foreign worker must leave Indonesia. For this type of work and stay permit, no cancellation procedure is required (known as EPO), which means that the foreigner can immediately leave the country.

When do you need this type of work and stay permit?

This type of work and stay permit is used for jobs which have an urgent or temporary nature, such as installation, repair or maintenance jobs on machines, performing audits, etc. For these kinds of jobs, foreigners generally only require to be in Indonesia for a few days / weeks, and therefore the maximum work and stay permit validity period of 30 days will be sufficient to perform the jobs.

Main advantages

The application process for this type of work and stay permit is relatively fast and straightforward as compared to other work and stay permits:

  1. Processing of the work permit (IMTA) and stay permit (ITAS) is faster.
  2. The foreigner is not required to obtain their limited stay visa (VTT) at the embassy abroad. Instead, they can collect their VTT upon arrival at the airport.
  3. The foreigner is not required to obtain the Certificate of Temporary Residence (SKTTS) and Existence Report (L/K).

Short-term work permit and limited stay permit

The short-term work permit (IMTA) and limited stay permit (ITAS) must be sponsored by a company and is valid for a period of two until maximum six months. Similar to the emergency work and stay permit, a short-term work and stay permit is also non-renewable. However, upon expiry of the permits, the foreigner must cancel the work permit (IMTA), stay permit (ITAS) and Certificate of Temporary Residence (SKTTS).

When do you need this type of work and stay permit?

This type of work and stay permit is generally used in the following situations:

  1. Short-term projects, where foreign workers enter Indonesia to work on a project for a few months.
  2. The sponsor company or foreign worker cannot fulfil the additional requirements of a long-term work and stay permit.

Main advantages

The application process is similar to that of a long-term work and stay permit, however the document requirements are less stringent. Below we have listed the major advantages of short-term work and stay permit as compared to the long-term work and stay permit:

  1. Companies that employ foreign workers (sponsor company) are not required to appoint an Indonesian counterpart worker. Moreover, the Ministry of Manpower does not require a minimum ratio of foreigners versus Indonesian workers for this type of work permit. Especially for projects which require large amounts of foreign workers, the short-term work and stay permit is the preferred option, as the sponsor company often cannot fulfil the required minimum number of Indonesian workers in the sponsor company.
  2. The short-term work permit is available for positions lower than manager level, such as advisors, etc.
  3. Applicable to foreign workers who do not yet fulfil the requirement of fulfilment of at least five years job experience in line with the job title of the foreign worker or who have a education degree which is lower than bachelor degree.

Long-term work permit and limited stay permit

The long-term work permit (IMTA) and limited stay permit (ITAS) must be sponsored by a company and is valid for a period of seven until maximum 12 months. This work and stay permit is renewable for up to five times, where each period of renewal is maximum 12 months. After expiry of the permits, or when the foreigner quits working for the sponsor company, the foreigner must cancel the work permit (IMTA), stay permit (ITAS) and Certificate of Temporary Residence (SKTTS).

When do you need this type of work and stay permit?

This type of work and stay permit is used for foreign workers who are employed in Indonesia on a more permanent basis (long-term-project basis) and intend to stay and work for an extended period in Indonesia and fulfil all requirements to obtain a long-term work and stay permit.

Main advantages

The main advantage of a long-term work and stay permit is that it can be extended for up to five times. The foreigner is not required to leave the country during the extension process. During each extension, the foreigner is required to hand in his or her passport for approximately one week, in order to process the ITAS stamp in the passport at the local Immigration Office, and to have a biometric session at the local Immigration Office.

  1. Long term work permit and permanent stay permit

A permanent stay permit (ITAP) is valid for five years and needs to be renewed every five years. A permanent stay permit (ITAP) can be renewed indefinitely, each period of renewal five years. Even though the permanent stay permit (ITAP) is valid for five years, other permits will need to be renewed on a more frequent basis:

  1. The work permit (IMTA) will need to be renewed every year; and
  2. The Multiple Re-Entry Permit (MERP) will need to be renewed every two years.

When do you need this type of work and stay permit?

In order to be eligible for an ITAP sponsored by a company, the Indonesian Government has set the following minimum requirements for foreigners:

  1. The President Directors of a Limited Liability Company or Chief Representative of a Foreign Representative Office can obtain an ITAP after they have stayed in Indonesia for more than three years continuously; or
  2. Directors or Commissioners of a Limited Liability Company who have an investment of minimum Rp1 billion in the sponsor company can obtain an ITAP after they have stayed in Indonesia for more than three years continuously; or
  3. Investors (shareholders) of a Limited Liability Company who have an investment of minimum Rp1 billion in the sponsor company can obtain an ITAP after they have stayed in Indonesia for more than three years continuously.

 

Main advantages

An ITAP releases the foreigner from the obligation to perform a biometric session at the local Immigration Office every year.

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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