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Requirements on Visas and Limited Stay Permits for Foreign Students

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Requirements on Visas and Limited Stay Permits for Foreign Students

Requirements on Visas and Limited Stay Permits for Foreign Students
Dian Dwi Jayanti, S.H.Si Pokrol
Si Pokrol
Bacaan 10 Menit
Requirements on Visas and Limited Stay Permits for Foreign Students

PERTANYAAN

I once volunteered in China. I met a friend eager to learn more about the Indonesian language and culture. He is eager to study in Indonesia as a foreign student. I would like to inquire about the actual procedure for becoming a foreign student, especially regarding the student visa to study in Indonesia and residency permits. We do not want to be tricked by the education consultant who will assist in the arrangement of the visa, because many of my friends have heard that a lot of people have been tricked by the education consultant. Thank you.

DAFTAR ISI

    INTISARI JAWABAN

    Foreign Citizens or foreigners (Warga Negara Indonesia/ "WNA") may become university students in Indonesia. Prior to attending lectures in Indonesia, said Foreign Citizens must apply for visas, limited stay permits, and study permits. What are the requirements for foreign students in Indonesia?

    Please read the review below for a further explanation.

    ULASAN LENGKAP

    This article is an English translation of Syarat Visa dan Izin Tinggal Terbatas untuk Mahasiswa Asing written by Dian Dwi Jayanti, S.H., and was published on Friday, 10 March 2023.

    This article below is a second update of the article entitled Student Visas and Stay Permits for Foreign Students in Indonesia (Visa Pelajar dan Izin Tinggal Bagi Mahasiswa Asing di Indonesia), which was first written by Sovia Hasanah, S.H., and first published on Wednesday, 6 December 2017.

    All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

    The Procedures for Foreign Citizens to Become Students in Indonesia

    Foreign Citizens or foreigners (Warga Negara Indonesia/ "WNA") who may become students at higher education institutions consist of Foreign Citizens residing abroad or residing in Indonesia. Requirements for Foreign Citizens to become prospective students at higher education institutions in Indonesia are:[1]

    1. meet academic requirements to attend higher education in Indonesia;
    2. have a source of financing to ensure continuity in attending education at higher education institutions;
    3. be accepted by a higher education institution as a student;
    4. have a study permit from the Secretariat General;
    5. have a visa or stay permit in Indonesia; and
    6. comply with laws and regulations in Indonesia and the provisions of the intended higher education institution.

    Procedures for Foreign Citizens to become students at higher education institutions are:[2]

    Belajar Hukum Secara Online dari Pengajar Berkompeten Dengan Biaya TerjangkauMulai DariRp. 149.000
    1. apply directly to the intended higher education institution; and/or
    2. take the higher education institution entrance test; and
    3. apply for a study permit to the Directorate General.

    Visas and Limited Stay Permits for Foreign Students

    Foreign Citizens who are residing abroad and are accepted at a college shall apply for a visa to the Representative of the Republic of Indonesia where the person concerned domiciled/resided by using a certificate or statement of acceptance at a higher education institution in Indonesia.[3]

    Furthermore, Foreign Citizens who are already in the territory of the Republic of Indonesia and are accepted at a higher education institution shall apply for a stay permit in accordance with laws and regulations by using the study permit from the Directorate General.[4]

    Foreign student visas are categorized as limited stay visas. What is a limited stay visa? Article 106 number 3 Perppu 2/2022 has changed Article 39 section (1) Law 6/2011, which stipulated that limited stay visas shall be granted to foreigners:

    1. as spiritualists, experts, workers, researchers, students, investors, second homes, and their families, as well as Foreign Citizens legally married to Indonesian citizens, who will travel to the Indonesian Territory to reside for a limited period of time; or
    2. in the framework of joining to work on ships, floating equipment, or installations operating in the archipelagic waters, the territorial sea, the continental shelf, and/or the Indonesian Exclusive Economic Zone.

    An application for a limited stay visa shall be submitted by Foreigners or Guarantors to the Minister of Law and Human Rights or a designated Immigration Officer by filling out the application data and attaching the following requirements:[5]

    1. a letter of guarantee from the Guarantor;
    2. a photocopy of the National Passport that is valid and still prevails:
    1. for a minimum of 12 (twelve) months for those who will work in the Indonesian Territory for a maximum period of 6 (six) months;
    2. for a minimum of 18 (eighteen) months for those who will work or stay in the Indonesian Territory for a maximum period of 1 (one) year; or
    3. at least 30 (thirty) months for those who will work or stay in the Indonesian Territory for a maximum period of 2 (two) years.

     

    1. a certificate of good conduct from the authorized authority in the country of origin or representatives of the country of origin of the Foreigners;
    2. a health examination results that declare that they are free from any infectious disease which may endanger public health;
    3. evidence of having the living cost for themselves and/or their family while located in the Indonesian Territory; and
    4. color passport photo.

    Moreover, the granting of the limited stay permit for foreigners who attend education shall be submitted by foreigners by Guarantors to the Head of the Immigration Office or a designated Immigration Officer whose working area includes the residence of the foreigners,[6] by filling out the application data and attaching the following requirements:[7]

    1. a letter of guarantee from the Guarantor;
    2. the National Passport that is valid and still prevails;
    3. a letter of recommendation from related government agencies and/or institutions

    How long is the period of a limited stay permit? Limited stay permit shall be granted for a maximum period of 5 (five) years and may be extended provided that the overall Stay Permit is no longer than 10 (ten) years.[8] If you wish to extend your limited stay permit, here are the Requirements for the Extension of Limited Stay Permits.

    General Requirements:

    1. Completely completed form (available at the Immigration office);
    2. Copy and original of a national passport or travel document as well as proof of visa;
    3. Copy and original of the old KITAS (for those who already have KITAS);
    4. Application letter from the guarantor addressed to the Head of Office;
    5. Guarantee letter from the guarantor with a stamp duty of IDR10,000;
    6. ID Card (e-KTP) of the guarantor;
    7. Certificate of residence;
    8. Power of attorney in case of administration through a proxy;

    Special Requirements for Foreigners who attend education and training:

    1. Recommendation from the Ministry of Education, Culture, Research, and Technology or the relevant government agency.
    2. Recommendation from the State Secretariat for foreigners who are recipients of scholarships from the Republic of Indonesia.

    Study Permit for Foreign Students

    In addition to limited stay visas and limited stay permits, foreigners who study at universities in Indonesia must also apply for study permits. The requirements for obtaining a study permit for foreign students are summarized from the site Obtaining Study Permits for Foreign Students as follows.

    1. The scanned result of a study permit application for foreign students from higher education institutions shall be addressed to the Director of Higher Education Institutional Development;
    2. Information relating to study programs and personal data;
    3. Scanned letter of acceptance at the university;
    4. Scanned copies of diplomas or academic transcripts;
    5. Scanned Passport;
    6. Scanned result of affidavits stating that they will not be working while studying in Indonesia;
    7. Not participating in any political activities;
    8. Comply with Indonesian laws and regulations;
    9. Scanned result of the affidavit from the guarantor or person in charge during the study;
    10. Scanned cost guarantee certificate;
    11. Scanned health certificate;
    12. Scanned passport-sized color photo;
    13. Scanned KITAS and STM/SKLD;
    14. Scanned academic transcripts.

    What is the procedure for applying for a study permit for foreign students?

    1. Foreign students prepare study permit requirements and submit them to universities.
    2. The university must complete the required documents and submit an application for a study permit to the Director of Higher Education Institutional Development cq. Higher Education Cooperation (Kerjasama Perguruan Tinggi/ “KPT”) Sub-Directorate through the Foreign Student Study Permit application.
    3. The KPT Sub-Directorate receives and processes study permit applications.
    4. The KPT Sub-Directorate prepares a clearinghouse process for the evaluation and supervision of foreign students.
    5. The KPT Sub-Directorate shall submit study permits resulting from the clearing house to the higher education institutions.
    6. Higher education institutions deliver study permits to foreign students.

    Foreign Citizens studying at higher education institutions in Indonesia should extend their study permits and stay permits in accordance with the length of education at the higher education institution they are attending and laws and regulations, after securing a recommendation from the head of the higher education institution.[9]

    Enrich your legal research with the latest bilingual legal analysis, as well as the collection of regulatory translations integrated into Hukumonline Pro, click here to learn more.

    These are the answers we can provide, we hope you will find them useful.

    Legal Basis:

    1. Law Number 6 of 2011 on Immigration;
    2. Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation;
    3. Regulation of the Minister of National Education Number 25 of 2007 on Requirements and Procedures for Foreign Citizens to Become Students at Higher Education Institutions in Indonesia;
    4. Regulation of the Government Number 31 of 2013 on the Implementing Regulation to Law Number 6 of 2011 on Immigration as amended by Regulation of the Government Number 26 of 2016 on the Amendment to Regulation of the Government Number 31 of 2013 on the Implementing Regulation to Law Number 6 of 2011 on Immigration as secondly amended by Regulation of the Government Number 51 of 2020 on the Second Amendment to Regulation of the Government Number 31 of 2013 on the Implementing Regulation to Law Number 6 of 2011 on Immigration as lastly amended by Regulation of the Government Number 48 of 2021 on the Third Amendment to Regulation of the Government Number 31 of 2013 on the Implementing Regulation to Law Number 6 of 2011 on Immigration.

    Reference:

    1. Mengurus Izin Belajar bagi Mahasiswa Asing (Obtaining Study Permits for Foreign Students), accessed on 9 March 2023, at 17.32 West Indonesian Time (zone);
    2. Syarat Perpanjangan Izin Tinggal Terbatas (Requirements for the Extension of Limited Stay Permits), accessed on 9 March 2023, at 17.59 West Indonesian Time (zone).

    [1] Article 2 and Article 3 Regulation of the Minister of National Education Number 25 of 2007 on Requirements and Procedures for Foreign Citizens to Become Students at Higher Education Institutions in Indonesia (“Regulation of the Minister of National Education 25/2007”).

    [2] Article 4 section (1) Regulation of the Minister of National Education 25/2007.

    [3] Article 5 section (1) Regulation of the Minister of National Education 25/2007.

    [4] Article 5 section (2) Regulation of the Minister of National Education 25/2007.

    [5] Article 103 section (1) Regulation of the Government Number 48 of 2021 on the Third Amendment to Regulation of the Government Number 31 of 2013 on the Implementing Regulation to Law Number 6 of 2011 on Immigration (“Government Regulation 48/2021”).

    [6] Article 142 section (1) Government Regulation 48/2021.

    [7] Article 142 section (2) letter e Government Regulation 48/2021.

    [8] Article 148 Government Regulation 48/2021.

    [9] Article 6 Regulation of the Minister of National Education 25/2007.

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