What is KITAS/KITAP and How to Apply for It

PERTANYAAN

What are the procedures for obtaining KITAS (Limited Stay Permit Card/ permanent) for Foreign Workers and where can I obtain the permit? Thank you.

ULASAN LENGKAP

This article is an English translation of Apa Itu KITAS/KITAP dan Cara Mengurusnya, written by Tri Jata Ayu Pramesti, S.H. and published on 24 October 2023.

This article is the fifth update of the article entitled Procedures for KITAS and KITAP which was first written by Shanti Rachmadsyah, S.H. and was published on Thursday, 4 November 2010, updated for the first time on Wednesday, 2 August 2017, then secondly updated on 15 August 2018, thirdly updated on Thursday, 11 November 2021, and updated for the fourth time on Thursday, 15 June 2023.

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.

Beforehand, you need to know what KITAS and KITAP are. KITAS/ITAS a.k.a. (Kartu) Izin Tinggal Terbatas is a Limited Stay Permit (Card). Meanwhile, what is meant by KITAP/ITAP a.k.a. (Kartu) Izin Tinggal Tetap is a Permanent Stay Permit (Card).

How to Apply for a Limited Stay Permit (KITAS/ITAS)

What is KITAS? KITAS/ITAS shall be granted to:[1]

1. Foreign national entering Indonesian territory with a temporary stay visa;
2. A child born in Indonesian territory, whose father and/or mother at the time of birth is holding an ITAS;
3. Foreign national who is granted a change of status from a visitor stay permit;
4. A ship master, ship crew, or foreign expert on a vessel, floating infrastructure, or installation operating in the territorial waters of Indonesia and under the jurisdiction of Indonesia in accordance with the provisions of laws and regulations.
5. A foreign national who is lawfully married to an Indonesian citizen.
6. A child of a foreign national who is lawfully married to an Indonesian citizen

The granting, extension, and cancelation of ITAS shall be carried out by the Minister of Law and Human Rights (“Minister”) or appointed Immigration Officer.[2]

To answer your question, we summarize how to apply for ITAS for Foreign Workers (Tenaga Kerja Asing / "TKA") as follows:

1. The application for a ITAS shall be submitted by foreigners or by guarantors to the Head of the Immigration Office or a designated Immigration Officer whose working area includes the residence of the foreigners.[3] So, the place to apply for ITAS is at the local immigration office where the foreigner resides.
2. For foreign workers whose purpose is to work as an expert in Indonesia, the application is submitted by filling out the data application and attaching the requirements:[4]

1. 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.

3. The application must be submitted within a maximum of 30 days from the time the entry stamp[5] is granted. In the event that the application is not submitted within the period as stipulated, shall be subject to fine in accordance with provisions of laws and regulations. However, this regulation shall be exempted for foreigners who have obtained an ITAS at the Immigration Checkpoint.[6]
4. Then, the Head of the Immigration Office or a designated Immigration Official checks the requirements.[7]
5. In the event that the examination of the requirements has been fulfilled and a photograph has been taken, the Head of the Immigration Office or a designated Immigration Official within a maximum of 4 working days shall issue the ITAS.[8]

For your information, in order to simplify the process of issuing visas and stay permits for foreign workers in Indonesia, the government has issued Regulation of the Minister of Law and Human Rights 22/2023. The granting of ITAS for prospective foreign workers is given in the form of an entry stamp by an Immigration Official carried out at an Immigration Checkpoint or a place that is not an Immigration Checkpoint that functions as an Immigration Checkpoint based on the approval of the Director General.[9]

The granting of ITAS can be given in the form of virtual KITAS sent electronically[10] and also given in the form of KITAS printed by a designated Immigration Official at the Directorate General of Immigration.[11]

Immigration Officials appointed by the Director General shall print and distribute the Limited Stay Permit Card to the Immigration Office within 3 working days at the earliest after its issuance.[12]

ITAS shall be granted for a maximum period of 5 years and may be extended provided that the overall stay permit is no longer than 10 years.[13]

ITAS may also be granted to foreign nationals for work purposes for a maximum period of 90 days and may be extended provided that the overall stay permit in the Indonesian territory is no longer than 180 days.[14]

How to Apply for a Permanent Stay Permit (KITAP/ITAP)

After knowing what KITAS/ITAS is, then for KITAP/ITAP, is given to certain foreigners to reside and settle in Indonesian territory as Indonesian residents.[15] ITAP can be given through a change of status to:[16]

1. Foreigners who hold ITAS as clergy, workers, investors, and second house;
2. Family due to mixed marriage;
3. Husband, wife, and/or children of Foreigners who hold ITAP; and
4. Foreigners who are ex-Indonesian citizens and children who are ex-subjects of dual citizenship of the Republic of Indonesia.

ITAP may also be granted directly without going through a change of status to:[17]

1. Children who are ex-subjects of dual citizenship of the Republic of Indonesia who chose foreign citizenship;
2. Children born in Indonesia to Foreign Nationals who hold an ITAP; and
3. Indonesian citizens who have lost Indonesian citizenship in the Indonesian territory.

We summarize how to apply for ITAP for foreign workers as follows:

1. An application for ITAP shall be submitted by foreigners or guarantor to the Head of Immigration Office or designated Immigration Official whose working area includes the residence of the foreign nationals concerned.[18]
2. Application for ITAP shall be submitted by filling out data and attaching the following requirements:[19]

1. Nationality Passport that is valid and still prevail;
2. Proof of guarantee from the guarantor or Immigration Guarantee;
3. Integration statement; and
4. Other documents to explain the aim/objective or status of foreign nationals.

3. Then, the Head of the Immigration Office or the designated Immigration Official shall examine the completeness of the application.[20]
4. In the event that the examination of the completeness of the application is fulfilled and a photo has been taken, the Head of the Immigration Office or the designated Immigration Official shall issue the ITAP within no later than 4 business days.[21]

The validity period of ITAP is given for 5 years and can be extended for an indefinite period provided that the residence permit is not canceled.[22]

As an important note and still related to your question, foreign workers holding ITAS as clergy, workers, investors, and second homes can be granted ITAP after the applicant has stayed for 3 consecutive years and signed an integration statement to the Government of the Republic of Indonesia.[23]

As we have explained, ITAP for working foreigners is granted through a change of status. Regulation of the Minister of Law and Human Rights 22/2023 stipulates that the application for ITAS change of status to ITAP is submitted by the foreigner, guarantor, or person in charge through an application to the Head of the Immigration Office or a designated Immigration Official by attaching:[24]

1. National Passports which are legal and still valid;
2. Declaration of integration except for children under 18 years old and yet to be married;
3. ITAS of the Foreign Nationals concerned;
4. Proof of guarantee from Sponsor, in the event of having Sponsor;
5. Identity card and/or family card of sponsor/guarantor or person in charge, in the event of having a sponsor or person in charge; and
6. ITAP for husband, wife, father, mother, or child, in the event of joining a husband, wife, father, mother, or child who holds an ITAP.

In addition to the conditions above, the foreigner concerned also needs to take into account considerations on the completeness of the requirements and submission of commitment renewal in accordance with the provisions when granting a an ITAS through a Limited Stay Visa or granting an ITAP, such as:[25]

1. proof of company validity;
2. proof of employment permit validity;
3. proof of the validity of clergy activities;
4. most recent proof of account;
5. change of company deed;
6. most recent land and building tax;
7. most recent financial statement;
8. most recent corporate tax;
9. most recent proof of earning;
10. most recent bond certificate;
11. most recent share ownership; or
12. other proofs that corroborate the intent or purpose of staying in Indonesian Territory

It is important to know that an ITAS cannot undergo a change of status into an ITAP, if the conditions for fulfilling the commitments required when applying for an ITAS originating from a Limited Stay Visa, status transfer/change of status, or transition have not been implemented.[26] In addition, the change of status of ITAS to ITAP for foreigners as workers is given provided that the foreigner concerned has been in the territory of Indonesia for at least 3 consecutive years from the date of granting ITAS.[27]

Thus, it can be concluded that to obtain KITAP, a foreign worker who has a KITAS as a worker has fulfilled the requirements for the completeness of documents and provisions for fulfilling commitments, has lived for 3 consecutive years in Indonesia, and has signed an integration statement.

This is our answer, hopefully, you find it 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 which has been enacted into law under Law Number 6 of 2023;
3. Regulation of the Government Number 31 of 2013 on Implementing Regulation to Law Number 6 of 2011 on Immigration as amended by Regulation of the Government Number 48 of 2021 on the Third Amendment to Regulation of the Government Number 31 of 2013 on Implementing Regulation to Law Number 6 of 2011 on Immigration as amended by Regulation of the Government Number 40 of 2023 on the Fourth Amendment to Regulation of the Government Number 31 of 2013 on Implementing Regulation to Law Number 6 of 2011 on Immigration;
4. Regulation of the Minister of Law and Human Rights Number 22 of 2023 on Visas and Stay Permits.

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[1] Article 52 Law Number 6 of 2011 on Immigration (“Immigration Law”) and Article 141 section (1) Regulation of the Government Number 48 of 2021 on the Third Amendment to Regulation of the Government Number 31 of 2013 on Implementing Regulation to Law Number 6 of 2011 on Immigration (“Government Regulation 48/2021”).

[2] Article 55 Immigration Law.

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

[4] Article 142 section (2) Government Regulation 48/2021.

[5] Article 1 number 8 Government Regulation 48/2021.

[6] Article 143 Government Regulation 48/2021.

[7] Article 144 section (1) Regulation of the Government Number 31 of 2013 on Implementing Regulation to Law Number 6 of 2011 on Immigration (“Government Regulation 31/2013”).

[8] Article 144 section (2) Government Regulation 31/2013.

[9] Article 106 section (1) Regulation of the Minister of Law and Human Rights Number 22 of 2023 on Visas and Stay Permits (“Regulation of the Minister of Law and Human Rights 22/2023”).

[10] Article 106 section (5) Regulation of the Minister of Law and Human Rights 22/2023.

[11] Article 106 section (6) Regulation of the Minister of Law and Human Rights 22/2023.

[12] Article 106 section (10) Regulation of the Minister of Law and Human Rights 22/2023.

[13] Article 148 Government Regulation 48/2021.

[14] Article 149 Government Regulation 48/2021.

[15] Article 106 number 1 Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation (“Perppu Job Creation”) which amended Article 1 number 23 Immigration Law.

[16] Article 106 number 6 Perppu Job Creation which amended Article 54 section (1) Immigration Law jo. Article 152 section (1) and Article 152 section (3) Government Regulation 48/2021.

[17] Article 152 section (2) and (4) Government Regulation 48/2021.

[18] Article 153 section (1) Regulation of the Government Number 40 of 2023 on the Fourth Amendment to Regulation of the Government Number 31 of 2013 on Implementing Regulation to Law Number 6 of 2011 on Immigration (“Government Regulation 40/2023”).

[19] Article 153 section (2) Government Regulation 40/2023.

[20] Article 154 section (1) Government Regulation 40/2023.

[21] Article 154 section (2) Government Regulation 40/2023.

[22] Article 155 Government Regulation 31/2013.

[23] Article 106 number 6 Perppu Job Creation which amended Article 54 section (1) letter a Immigration Law jo. Article 60 section (1) Immigration Law.

[24] Article 175 Regulation of the Minister of Law and Human Rights 22/2023.

[25] Article 177 Regulation of the Minister of Law and Human Rights 22/2023.

[26] Article 178 Regulation of the Minister of Law and Human Rights 22/2023.

[27] Article 179 section (1) jo. Article 173 letter a Regulation of the Minister of Law and Human Rights 22/2023.