PP 31/2013 (Implementation of UU 6/2011) - Izin Tinggal

[atlantis]

This thread will concern anything related to Immigration permits (ex: ITAS/ITAP/ITK Sosbud or business/MERP...etc) as regulated in the new Peraturan Pelaksanaan UU 6/2011 ttg keimigrasian. Anything related to any topic (ex: visa, passport, overstay...etc) does NOT belong to this thread.

Izin Tinggal (stay permit) comes in 5 categories (article 12) and are in accordance with the visa issued by the Indonesian embassy abroad. The permit is given at the immigration chek point upon entrance in the territory of the Republic of Indonesia. They are:

1. Diplomatic permit
2. Dinas permit
3. Visit permit (this is where you find the sosbud and business permit, but also what we call the VoA)
4. Temporary stay permit (ITAS)
5. Permanent stay permit (ITAP)

We are all supposed to have a permit to reside in Indonesia but a few categories are exempted to have such permit (article 115) for obvious reasons:
- people who are in detention for the purpose of an investigation, who are prosecuted or who are sentenced to jail and whose permit has expired.
- people who obtain an authorization to be out of a detention center during a determined period and in accordance with the current regulations (ex: parole/pembebasan persyarat, special permissions...etc)
- people who are in Indonesia being a victim of human trafficking.

All the rest of us must have a valid permit while staying in Indonesia.

[atlantis]

Izin Kunjungan /Visit Permit - Sosbud, business, VoA...etc

Any people entering Indonesia with a Visa Kunjungan/Visit Visa will be granted an Izin Tinggal Kunjungan (ITK)/Visit Permit as per article 133 (1a).. Also, any kid born in Indonesia, during the stay of his/her parents having a valid ITK, will be granted the same ITK, with the same validity of the one of his/her parents as per article 133 (1b) and article 138 (2b).

Other categories which are eligible for an ITK are as follow:

• foreigners who hold a passport of a few selected nations and which are part of the visa free program, as per the current regulation. To date (May 2013) 15 nations qualify, which are Brunei, Cambodia, Chile, Ecuador, Hong Kong, Macau, Malaysia, Marocco, Myanmar, Laos, Peru, The Philippines, Singapore, Thailand and Vietnam)
• foreigners who are entering Indonesia in the frame of their duty as crew of a transportation company (airlines, ferry...etc)
• foreigners who enter Indonesia in an emergency situation (ex: natural disaster,)
• foreigners whose nationality qualify for a Visa on Arrival/Visa Kunjungan Saat Kedatangan. There are to date 64 nations.

Izin Tinggal Kunjungan for people in possession of a Single entry Visa Kunjungan (ie issued by an embassy) will be granted a 60 days permit who can be extended in a Kantor Imigrasi a maximum of 4 times, for a maximum of 30 days each time. This is a change compared to the previous regulation which was authorizing up to 5 extensions. This is the article 136 (2).

Izin Tinggal Kunjungan for people in possession of 1 year Multiple Entry Visit Visa/ Visa Kunjungan untuk beberapa kali perjalanan are not extendable, as per article 136 (3).

Izin Kunjungan for VoA holders are given for a maximum of 30 days with one extension possible for a maximum of 30 days, as per article 137 (1) and (2).

Izin Kunjungan for the people who are citizens of the 15 nations eligible for the visa free program are granted for a maximum stay of 30 days BUT are NOT extendable, as per article 138.

Izin Kunjungan for crew of transportation companies operating in and out of Indonesia are given for 60 days and are not extendable. Izin Kunjungan for granted for emergency reasons are granted for 30 days.

Rules for extension are unchanged compared to the old regulation. A valid passport, a sponsor and the payment of the appropriate legal fee is still requested.

An Izin kunjungan can be cancelled by Immigration for the following reasons (article 159 (2)):

• if you are convicted of crimes against the State
• if you conduct dangerous activies to the security and public order
• if you violate any law or regulation
• if you provide/have provided any false information in the process of application
• if you are the subject of any immigration administrative sanction action

[atlantis]

Izin Tinggal Terbatas/Temporary Stay Permit - Eligibility

[COLOR=#333333]Any foreigner entering Indonesia with a Visa Tinggal Terbatas/Temporary Stay and any foreigner whose conversion of an ITK in an ITAS has been accepted w[/COLOR][COLOR=#333333]ill be granted an Izin Tinggal Terbatas (ITAS)/Temporary Stay Permit as per article 141 (1a) and (1c).

Also, any foreign kid born in Indonesia, during the stay of his/her parents holding a valid ITAS, will be granted an ITAS, with the same validity of the one of his/her parents as per article 141 (1b).

Any foreign [/COLOR]skipper, crew, or foreign experts on board of a ship, any floating equipment, or installations that operate in the territorial waters of the republic of Indonesia may receive an ITAS, in accordance with the specific regulations.

As per article 141 (1e) and (1f), foreigners, and their kids, who are legally married to an Indonesian citizen can be granted an ITAS. The definition of "kid" include any natural or adopted kid of a divorced/widowed foreigner being married with an Indonesian.

Foreigners who are eligible for a visa tinggal terbatas or a conversion of an ITK in an ITAS are as follow:

• foreign investors. Here we are talking about foreigners who are owner of an accredited PT PMA.
• foreign expert/tenaga ahli whose indonesian employing company has a valid IMTA (work permit)
• foreign clergymen of any of the 6 recognized religions in Indonesia (Islam, Christian Protestant, Christian Catholic, Hindhu, Bhuddism, Kongucu/confucianism)
• foreigner coming in the frame of study or training (conditions apply and an accreditation from the relevant ministery is necessary)
• foreign researchers (conditions apply and an accreditation from the relevant ministery is necessary)
• foreigner joining a wife/husband who is the holder of an ITAS granted for any reason as per the current regulation
• foreign kid joining a mother or father who has an indonesian citizenship
• foreign kid, under the age of 18 years old ad being unmarried, joining a foreign mother or father who is the holder of an ITAS granted for any reason, as per the current regulation.
• Foreigner having been Indonesian citizen at any time in their life (eks-WNI)
• Foreigner retired (conditions of age, ressources, insurance and employment of local household apply)

[atlantis]

Izin Tinggal Terbatas - Application documents

Application for all categories of foreigners as per post #3 is submitted to the Head of the Kantor Imigrasi (Kepala Kantor Imigrasi or KaKanIm) of the residence of the foreigner or to the appointed Pejabat Imigrasi/Immigration Official.

An application is submitted by filling the required forms (please, read this) accompanied with

1. for the foreign child born in Indonesia while his foreign father/mother is an ITAS holder:

• Letter of sponsor from the sponsor of the father/mother who is an ITAS holder
• Valid passport for the kid
• Photocopy of the akta kelahiran/birth certificate issued by the Dinas Kependudukan dan Catatan Sipil (CaPil) of the wilayah of residence of the parents
• photokopy of the marriage certificate of the parents (alta perkawinan or buku nikah if married in Indonesia)
• Photocopy of the ITAS of the father/mother

2. for the foreign spouse of an Indonesian citizenn

• Letter of application from the wife or husband who is an Indonesian citizen
• Passport of the foreign spouse
• Certificate of residence (STM or surat keterangan domisili from the kantor Lurah)
• Photocopy of the marriage certificate, akta perkawinan or buku nikah
• Photocopy of the letter of report from the Catatan Sipil (surat bukti pelaporan perkawinan) for any marriage having occured overseas.
• Photocopy of the valid ID card/KTP of the Indonesian spouse
• Photocopy of the Kartu Keluarga/Family card of the indonesian spouse

3. For the foreign kid, who is less than 18 years old and unmarried, of a foreign citizen being married to an Indonesian

• Letter of application from the indonesian mother/father
• Passport of the kid
• Certificate of residence (STM or surat keterangan domisili from the kantor Lurah)
• Photocopy of the Birth certificate
• Photocopy of the marriage certificate, akta perkawinan or buku nikah
• Photocopy of the valid KTP of the indonesian mother/father
• Photocopy of the Kartu Keluarga/Family card of the indonesian mother/father

4. For foreign investors, foreign expert workers, foreign clergymen, foreign student an foreign researchers:

• Letter of Sponsor
• Passport of the foreigner
• Certificate of Residence
• Letter of recommendation of the institution or government agency concerned.

5. For foreign spouse of foreigners holding an ITAS

• Letter of Sponsor (same sponsor as the ITAS holder)
• Passport
• Certificate of Residence
• Photocopy of marriage certificate
• Photocopy of the KITAS of the spouse holding an ITAS

6. For foreign kids joining an Indonesian mother or father

• Letter of sponsor from the Indonesian mother/father
• Passport
• Certificate of Residence
• Photocopy of the birth certificate
• Photocopy of the valid KTP of the Indonesian mother and/or father (sponsor)
• Photocopy of the Kartu Keluarga of the Indonesian mother and/or Indonesian father

7. For the foreign kid, who is less than 18 years old and unmarried, joining his/her foreign father/mother being an ITAS holder:

• Letter of sponsor from the Indonesian mother/father
• Passport
• Certificate of Residence
• Photocopy of the birth certificate
• Photocopy of the Marriage Certificate of the parents
• Photocopy of the passport of the parents
• Photocopy of the ITAS of the mother and/or father

8. For foreigners having been indonesian citizen (eks WNI):

• Letter of Sponsor from an Indonesian citizen
• Passport
• Certificate of Residence
• Proof of the former Indonesian citizenship

9. For retired foreigners:

• Letter of sponsor from an appointed agency who has a valid ministerial authorization to deal with retired foreigner immigration status.
• Passport
• Letter of statement from a pension fund at home or from a bank at home or in Indonesia, concerning the availability of an amount of money sufficient to cover all expenses of the applicant during the intended duration of stay
• Proof of the applicant having subscribed Health, Life and Third party liability insurance which is valid for Indonesia

• Proof of residence in a house/appartment which has been either rented leased or purchased.
• Letter of statement concerning the employment of Indonesian household (it can be driver/satpam/pembantu/gardener)

The application, for any holder of a Visa Tinggal Terbatas must be submitted to the Kepala Kantor Imigrasi, or to the appointed Immigration official, no later than 30 days after entry in Indonesia as per article 143. Failure to do so would expose you to the legal fine as per the current regulation. To date (May 2013), an overstay is charged IDR 200.000/day.

Application for extension of an ITAS will require the same documents for each categories and the valid KITAS should be joined to the application.

[atlantis]

Izin Tinggal Terbatas - Issuance/Rejection/Cancellation

After verification of all documents by the seksi lalu lintas of the kantor Imigrasi and potential interview of the sponsor by the seksi wasdakim of the Kantor Imigrasi, after the payment of the legal fee for a KITAS (IDR 700.000 as per the current regulation in May 2013), recording of your picture in the SISKIM along with your fingerprint and the payment of the attached fee for it (IDR 55.000 as per the current regulation in May 2013), your KITAS should be issued by the kanIm in a maximum delay of 4 working days (Article 142). This delay of a maximum of 4 working days is also valid for issuance of ITAS extensions.

Izin Tinggal Terbatas are granted for two years maximum (only a certain category of foreign investors and researchers are eligible for this term with most other categories being eligible for a maximum of 1 year only), with extensions possible but the total stay should not exceed 6 years.

An application can be rejected by the Kantor Imigrasi for the following reasons:

• the applicant is blacklisted (daftar penangkalan)
• the applicant's travel document are fake
• the applicant suffers from mental disorder or from an infectious disease potentially endangering public health
• the applicant has allegedly committed an act that violates moral norms in Indonesia
• the applicant has given false information in order to be granted his visa
• the applicant shows a behaviour which endanger security and public order
• the applicant is included in the wanted list of any nation
• the applicant is allegedly involved in a conspiration against the government of the Republic of Indonesia
• the applicant is involved in a political activities allegedly harming the interest of the State

An izin tinggal terbatas can be cancelled in the event that the foreigner is:

• convicted of crimes against the State
• suspected of conducting dangerous activities endangering the security of the State
• violating indonesian laws and regulations
• suspected of having provided false information in his application
• [COLOR=#333333]the subject of any immigration administrative sanction action[/COLOR]
• divorcing (or the marriage is cancelled by a court ruling) from an Indonesian citizen and the ITAS has been granted on the ground of said marriage.

Please, note the following:

• In the case of death of an Indonesian spouse who was the sponsor of a foreigner, the foreigner's ITAS REMAINS VALID. However, he will have to find a new sponsor. Any member of the family of the deceased WNI spouse would do. (article 160)
• In the case the Indonesian mother or father of a foreign kid dies, the kid's ITAS, which was sponsored by his Indonesian mother or father, REMAINS valid as long as he provides a new Indonesian sponsor. (article 161)

Further ministerial regulations will fine tune all the new stipulations concerning ITAS.