Work permits and visas in Indonesia

Indonesia has specific regulations governing the entry and employment of foreign nationals. Companies looking to hire international talent or send employees to work in the country must navigate a structured visa and work permit system. This system is designed to ensure that foreign workers meet specific criteria and that their employment aligns with national labor policies.

Understanding the various visa categories and the work permit application process is crucial for smooth and compliant operations. The process typically involves securing both a visa for entry and a separate work permit, sponsored by a registered Indonesian entity.

Common Visa Types for Foreign Workers

Foreign nationals intending to work in Indonesia typically require a limited stay visa (VITAS) which is then converted into a limited stay permit (KITAS) upon arrival. The specific type of VITAS/KITAS depends on the nature and duration of the work.

Visa Type (VITAS/KITAS)	Purpose	Typical Duration	Key Requirement
Index B211A	Business, Conference, Tourism, Family	Up to 60 days	Not for work; requires sponsor/invitation
Index C312	Work (Expert/Professional)	Up to 12 months	Requires approved RPTKA and sponsor
Index C313	Investment (1-year)	Up to 12 months	Requires investment in Indonesia
Index C314	Investment (2-year)	Up to 24 months	Requires higher investment in Indonesia
Index C316	Education/Study	Varies	Requires acceptance from educational institution
Index C317	Family Reunion (joining Indonesian spouse)	Up to 12 months	Requires marriage certificate

For employment purposes, the most common visa index is C312, which is specifically for foreign workers holding expert or professional roles. This visa is directly linked to the work permit process.

Work Permit Application Requirements and Procedures

Before a foreign national can apply for a work visa (VITAS C312), their prospective employer in Indonesia must secure an approval from the Ministry of Manpower. This approval is known as the Rencana Penggunaan Tenaga Kerja Asing (RPTKA), or Expatriate Placement Plan.

Eligibility Criteria for RPTKA:

• The sponsoring company must be a legally registered entity in Indonesia.
• The position must be one that can be held by a foreign national according to Indonesian regulations (certain positions are restricted).
• The foreign national must possess relevant education, experience, and skills for the role.
• The company must commit to transferring knowledge to Indonesian counterpart workers.

RPTKA Application Process:

1. The sponsoring company submits the RPTKA application to the Ministry of Manpower, detailing the position, duration, and foreign national's qualifications.
2. The Ministry reviews the application based on labor market needs and regulations.
3. Upon approval, the Ministry issues the RPTKA document. This document is crucial for the subsequent visa application.

VITAS (C312) Application Process:

1. Once the RPTKA is approved, the sponsoring company applies for a Telex Visa approval from the Directorate General of Immigration on behalf of the foreign national.
2. Upon approval, a Telex Visa number is issued.
3. The foreign national applies for the VITAS C312 at the Indonesian Embassy or Consulate in their country of residence, presenting the Telex Visa number and other required documents.
4. Required documents typically include passport copy, photos, RPTKA copy, proof of qualifications, resume, medical certificate, and proof of funds/sponsorship.
5. Processing time for the VITAS application at the embassy/consulate can vary, often taking 5-10 working days after submission.

KITAS Conversion and IMTA:

1. Upon arrival in Indonesia with the VITAS C312, the foreign national must report to the local immigration office within 7 days to convert the VITAS into a KITAS (Limited Stay Permit). Biometrics (photos and fingerprints) are typically taken at this stage.
2. Simultaneously or shortly after KITAS issuance, the sponsoring company must process the Izin Menggunakan Tenaga Kerja Asing (IMTA), the actual work permit, through the Ministry of Manpower. While the RPTKA is the plan, the IMTA is the permission to work based on that plan. The IMTA is now often integrated into the online system following RPTKA approval.
3. The KITAS and IMTA are typically issued for the same duration as approved in the RPTKA, usually up to 12 months, and can be extended.

Estimated Fees and Processing Times:

• RPTKA: Fees vary depending on the duration (e.g., USD 100 per month for up to 12 months). Processing can take 5-15 working days.
• Telex Visa: Government fees apply. Processing can take 3-7 working days.
• VITAS (at Embassy): Fees vary by embassy and nationality. Processing typically 5-10 working days.
• KITAS Conversion: Government fees apply. Processing can take 5-14 working days after reporting to immigration.
• IMTA: Fees are typically covered by the RPTKA payment. Processing is integrated or follows KITAS.

Note: Processing times are estimates and can vary based on government workload, completeness of application, and specific circumstances.

Pathways to Permanent Residency

Foreign nationals who have held a KITAS for a continuous period, typically at least three consecutive years, may be eligible to apply for a permanent stay permit (KITAP).

Eligibility Criteria for KITAP:

• Must have held a KITAS for at least three consecutive years (for general workers).
• Must demonstrate good conduct and compliance with Indonesian laws.
• Must meet specific criteria related to their visa type (e.g., certain investors, highly skilled professionals, or those married to Indonesian citizens may have different pathways or shorter eligibility periods).
• The sponsoring company (if applicable) must support the application.

KITAP Application Process:

1. The application is submitted to the local immigration office where the KITAS was issued.
2. Required documents include passport, current KITAS, proof of continuous stay, sponsorship letter, and other supporting documents depending on the basis of the application (e.g., marriage certificate for spouse of Indonesian citizen).
3. The application undergoes review by immigration authorities.
4. Processing time for a KITAP application can be several months.

Holding a KITAP provides more stability and fewer administrative requirements compared to annual KITAS renewals.

Dependent Visa Options

Foreign nationals holding a valid KITAS (typically C312 or C314) are generally permitted to sponsor their immediate family members (spouse and children under 18 and unmarried) to join them in Indonesia.

Dependent KITAS Application:

1. The main KITAS holder acts as the sponsor.
2. An application for a dependent VITAS (Index C317) is submitted for each family member.
3. Required documents include proof of relationship (marriage certificate, birth certificates), copies of the main KITAS holder's passport and KITAS, sponsorship letter, and other standard visa application documents.
4. The dependent VITAS is processed similarly to the main VITAS, often requiring a Telex Visa approval first.
5. Upon arrival in Indonesia with the dependent VITAS, family members must convert it to a dependent KITAS at the local immigration office.

Dependent KITAS holders are generally not permitted to work in Indonesia. If a dependent wishes to work, they must obtain their own work permit (IMTA) and a work-related KITAS sponsored by their employer.

Visa Compliance Obligations for Employers and Employees

Maintaining compliance with Indonesian immigration and labor laws is essential for both the sponsoring employer and the foreign employee.

Employer Obligations:

• Ensure the foreign national has a valid RPTKA, VITAS, KITAS, and IMTA for the specific position and location.
• Report the foreign national's employment to the Ministry of Manpower and other relevant authorities.
• Facilitate the renewal process for RPTKA, KITAS, and IMTA before expiry.
• Pay the Skills and Development Fund (DPKK) fee, which is part of the RPTKA cost.
• Ensure knowledge transfer to Indonesian counterpart workers.
• Report the termination of employment and facilitate the cancellation of the foreign national's KITAS and IMTA upon departure or contract end.
• Maintain accurate records of foreign employees.

Employee Obligations:

• Adhere to the terms and conditions of their visa and work permit, including the specific job role and location.
• Do not engage in work outside of the approved IMTA.
• Report to the local immigration office upon arrival to convert VITAS to KITAS.
• Ensure their passport and KITAS remain valid.
• Report any changes in personal status (e.g., address).
• Depart Indonesia upon the expiry or cancellation of their KITAS/IMTA unless a valid extension or new permit is obtained.
• Carry copies of their passport, KITAS, and IMTA at all times.

Failure to comply with these obligations can result in significant penalties, including fines, deportation of the foreign national, and legal action against the sponsoring company. Regular monitoring and proactive management of visa and work permit statuses are critical.