Visa Options for ex-WNI (Vitas, Kitas, Kitap)

[dannyboy]

Hey all,

I figured out that there are many uncertainties and questions still floating around regarding the visa options for ex-WNI even though there were many threads written about it. So, I thought this is probably a good place to gather all the information in one place.I will start with some frequently asked questions (feel free to correct me if I get it wrong, add some more questions or answers, etc.)

1. What are the Visa options for ex-WNI hoping to return to Indonesia?
Based on UU no.6 2011 Pasal 52f and 54d. Any ex-WNI that can prove their prior citizenship (Akte Lahir, KK, or Passport) are allowed to obtain KITAP directly without having to fulfill the length requirement of the other type of KITAS (note: you still need to get a KITAS first before converting to KITAP)

2. What would be the first step to get a KITAS?
First of all, you need a valid visa (that can be converted to KITAS) to enter Indonesia, i.e. Vitas or Sosbud visa.
IMO, The best option would be Vitas obtained from abroad before entering Indo. That way you can convert it to KITAS without heading overseas. The visa category for you would be 'repatriation'. I won't go into the detail of what documents are needed, there is abundant information available online, or talk to your migration agent.

3. Do I need a sponsor?
Yes, it can be your parents, close relative (uncle/aunt) or Indonesian spouse. Note that their KTP address will determine which Kantor Imigrasi you need to apply it from.

4. What happen next when I get my KITAS?
In order to convert it to KITAP, apart from all the other documents, you need to get an SKTT. And for ex-WNI, getting a SKTT is quite a tricky matter because you need to first get a 'surat pelepasan kewarganegaraan' as a legal document showing you that you really have let go of your Indo citizenship. The prerequisite for getting this document is a statement letter from your local overseas consulate showing that you have surrendered your Indo passport.

See below for a full guide on how to get 'surat pelepasan kewarganegaraan'

permohonan_surat_keterangan_kehilangan_kewarganegaraan [AHU ONLINE]

panduan.ahu.go.id

Once you get an SKTT, then the process to convert to KITAP (alih status) will be 'quite straighforward', just follow the official procedures.

5. Can I work with this ex-WNI Visa?
I can't give you a legal opinion on this matter, but from what I gather around, UU no 6 2011 pasal 61 says that if you are a KITAS/KITAP holder from repatriation, you are allowed to 'melakukan pekerjaan dan/atau usaha untuk memenuhi kebutuhan hidup dan/atau keluarganya'. Now, interpreting this is the difficult matter. I think as a safe rule of thumb, if you want to work formally as a professional, you need to get your company to issue an IMTA. If you want to work informally (jualan bakso, ngajar les, etc.), then you don't need an IMTA. Anything in between, it is up to you to figure out.

6. Can you recommend any migration Agent that understand the process for ex-WNI?
I have only had experience with MSJ consulting ( https://kitas.id/ ), they are quite knowledgable and professional. But then again they are quite expensive (just like any other agent) so use them with your own discernment.

These are the only thing I can think of at the moment. Feel free to add stuff below that I missed

 

[Helpful Herbert]

Regarding 4, what happens if you did not officially let go of your Indonesian citizenship, but you lost the right to have it at age 21, due to having another country's passport?

 

[dannyboy]

From what I understood re. This matter. If uour ever own an indonesian KTP, you are always an Indonesian in the database regardless of what happened to your citizenship overseas. Hence, in order for the disdukcapil to issue you an SKTT, you need first to be removed from their database so that your data is not doubled up. In order to have your name removed, you need to get that 'surat pelepasan kewarganegaraan' from AHU. In order to get that letter, you need an official letter from the consulate that states you have changed citizenship.

Now, if you have never officially surrendered your passport, I don't know how you can get the consulate to make that letter for you.

 

[jstar]

In fact in makes sense; it could very well be the Catatan Sipil is not aware of change of citizenship. And who cancels his/her KTP when they change? And then the problem is the NIK; this is a unique number that includes the birthdate, birthplace and birth sequence of the person. They can't just add a new one.

 

[fastpitch17]

I seen this done. Individual in their 20s left Indonesia. Had KTP and passport. Stayed away almost 30 years as an undocumented individual in another country Not updating any documents. Returned to Indonesia with a travel document from the Indo Embassy. Went to where the old KTP was issued, paid Rp100,000 and received a new KTP and KK. Went to the police and filed a report stating the passport was either lost or stolen, Rp50,000. Took that to Immigration and used her new KK and KTP along with the police report to obtain another passport. Like she had never been gone.

 

[dannyboy]

I seen this done. Individual in their 20s left Indonesia. Had KTP and passport. Stayed away almost 30 years as an undocumented individual in another country Not updating any documents. Returned to Indonesia with a travel document from the Indo Embassy. Went to where the old KTP was issued, paid Rp100,000 and received a new KTP and KK. Went to the police and filed a report stating the passport was either lost or stolen, Rp50,000. Took that to Immigration and used her new KK and KTP along with the police report to obtain another passport. Like she had never been gone.

Indeed. In fact, many returnees are aware of this loophole in the system. Hence managed to obtain citizenship in another country that allows multiple citizenship, and then return back home with Indonesian travel document and then continues life as usual

As of the current, it seems like The database in the catatan sipil is not in any way connected to the other database (immigration, driving licence, passport,etc)

 

[fastpitch17]

Indeed. In fact, many returnees are aware of this loophole in the system. Hence managed to obtain citizenship in another country that allows multiple citizenship, and then return back home with Indonesian travel document and then continues life as usual

As of the current, it seems like The database in the catatan sipil is not in any way connected to the other database (immigration, driving licence, passport,etc)

There is a catch. If someone needs a travel document from a consulate or embassy, they normally check for residency where you are located. If you have, no travel document and you would have to go the WNI KITAP route. The best method is if the individual is undocumented wherever they are at.

 

[Tinoz]

Hi. I’ve got a Kitas (ex WNI) and been living here for 2 years. I want to change to Itap. Last year when I extended my Itas, the immigration officer mentioned that I would be able to apply for an Itap after 2 years living here with Itas. Now the problem is, I can’t find confirmed information on how long should an ex-WNI live here before they can apply for an Itap. I tried the immigration website, it wasn’t active. I then went to Depok Immigration website, and still not clear. I searched expat forums, no luck.

Can anyone here share any useful info? Would really appreciate it.

By the way, luckily I didn’t have to provide Dukcapil with Surat pelepasan
kewarganegaraan to get my SKTT. It was in 2018. Last year when I had to get it renewed, they didn’t ask for it either. On the list of documents they ask me to provide, there was no such letter listed.

I received lots of contradicting information from Dirjen Immigration and Depok Immigration when applying for my first Itas. My brother had to redo his application as my sponsor because of it, we wasted a lot of time. However, when I applied for my second Itas, the only glitches I had was the system went down at a crucial time, they forgot to email my husband’s Kitas and they forgot to email me my passport size Kitas. I considered myself lucky.

 

[jstar]

I didn't think the 2 year rule applies to ex-WNI? I thought they can get an ITAP immediately after their ITAS? @Banana72 will know...

KITAP ex-Indonesian proof of lost citizenship

Hello all, I am currently an ex-WNI hoping to get my KITAP (through ex Indonesian KITAS) later this year after I move to Indonesia with my wife. I've been in conversations with few agents in Indonesia asking for their advice regarding the procedures for such an application. Because I am an...

www.expatindo.org

 

[Banana72]

I didn't think the 2 year rule applies to ex-WNI? I thought they can get an ITAP immediately after their ITAS? @Banana72 will know...

KITAP ex-Indonesian proof of lost citizenship

Hello all, I am currently an ex-WNI hoping to get my KITAP (through ex Indonesian KITAS) later this year after I move to Indonesia with my wife. I've been in conversations with few agents in Indonesia asking for their advice regarding the procedures for such an application. Because I am an...

www.expatindo.org

In theory yes....for ex-wni you can immediately get a KITAP even only after one week of having a KITAS..I forget where I saw that info (it was probably from a youtube video of some kind of immigration seminar in Canada...but maybe I'm wrong). When I got my KITAP...I was already here for more than two years...and I vaguely remember asking about that 'automatic ex-wni switching to a kitap' and was answered by the officer...no you have to wait, etc...but this was when the rule was just formalized but very likely the officer was not familiar with the rules yet...not a surprise..many years later looks like the rule has not been properly socialized yet to all the officers. ...not sure about now..but since Tinoz has been here for two years...it shouldn't be a problem?

 

[jstar]

True. But it sucks to get wrong information in '19 from an official esp. if it has an impact (financially and organizationally).

 

[yantiharun1]

Hey all,

I figured out that there are many uncertainties and questions still floating around regarding the visa options for ex-WNI even though there were many threads written about it. So, I thought this is probably a good place to gather all the information in one place.I will start with some frequently asked questions (feel free to correct me if I get it wrong, add some more questions or answers, etc.)

1. What are the Visa options for ex-WNI hoping to return to Indonesia?
Based on UU no.6 2011 Pasal 52f and 54d. Any ex-WNI that can prove their prior citizenship (Akte Lahir, KK, or Passport) are allowed to obtain KITAP directly without having to fulfill the length requirement of the other type of KITAS (note: you still need to get a KITAS first before converting to KITAP)

2. What would be the first step to get a KITAS?
First of all, you need a valid visa (that can be converted to KITAS) to enter Indonesia, i.e. Vitas or Sosbud visa.
IMO, The best option would be Vitas obtained from abroad before entering Indo. That way you can convert it to KITAS without heading overseas. The visa category for you would be 'repatriation'. I won't go into the detail of what documents are needed, there is abundant information available online, or talk to your migration agent.

3. Do I need a sponsor?
Yes, it can be your parents, close relative (uncle/aunt) or Indonesian spouse. Note that their KTP address will determine which Kantor Imigrasi you need to apply it from.

4. What happen next when I get my KITAS?
In order to convert it to KITAP, apart from all the other documents, you need to get an SKTT. And for ex-WNI, getting a SKTT is quite a tricky matter because you need to first get a 'surat pelepasan kewarganegaraan' as a legal document showing you that you really have let go of your Indo citizenship. The prerequisite for getting this document is a statement letter from your local overseas consulate showing that you have surrendered your Indo passport.

See below for a full guide on how to get 'surat pelepasan kewarganegaraan'

permohonan_surat_keterangan_kehilangan_kewarganegaraan [AHU ONLINE]

panduan.ahu.go.id

Once you get an SKTT, then the process to convert to KITAP (alih status) will be 'quite straighforward', just follow the official procedures.

5. Can I work with this ex-WNI Visa?
I can't give you a legal opinion on this matter, but from what I gather around, UU no 6 2011 pasal 61 says that if you are a KITAS/KITAP holder from repatriation, you are allowed to 'melakukan pekerjaan dan/atau usaha untuk memenuhi kebutuhan hidup dan/atau keluarganya'. Now, interpreting this is the difficult matter. I think as a safe rule of thumb, if you want to work formally as a professional, you need to get your company to issue an IMTA. If you want to work informally (jualan bakso, ngajar les, etc.), then you don't need an IMTA. Anything in between, it is up to you to figure out.

6. Can you recommend any migration Agent that understand the process for ex-WNI?
I have only had experience with MSJ consulting ( https://kitas.id/ ), they are quite knowledgable and professional. But then again they are quite expensive (just like any other agent) so use them with your own discernment.

These are the only thing I can think of at the moment. Feel free to add stuff below that I missed

Thank you for the information regarding the Visa processing for ex WNI.
Currently, I am in the process of getting Visa C318 (repatriation), Vitas will be for 12 mos. stay. I am a retiree, ex WNI and would like to live in Indonesia to be with my family. I would like to keep my US citizenship. Can I convert my Vitas to 5 yr. Kitap in the future?

 

[jstar]

The path is always via KITAS.

So VITAS (K)ITAS (K)ITAP

But yes, you would qualify:

Pasal 54 (1) Undang-undang No 6. Tahun 2011 tentang Keimigrasian yaitu : Izin Tinggal Tetap dapat diberikan kepada (d) Orang Asing eks WNI dan eks subjek anak berkewarganegaraan ganda Republik Indonesia.

Peraturan Pemerintah Republik Indonesia Nomor 31 tahun 2013 Tentang Peraturan Pelaksanaan Undang-Undang Nomor 6 Tahun 2011 Tentang Keimigrasian. Pasal 152(1)
Izin Tinggal Tetap dapat diberikan kepada:
a. Orang Asing pemegang Izin Tinggal terbatas sebagai rohaniawan, pekerja, investor, dan lanjut usia;
b. Keluarga karena perkawinan campuran;
c. Suami, istri, dan/atau anak dari Orang Asing pemegang Izin Tinggal Tetap; dand.

And in Article 152 it is mentioned in paragraph 3 that you'd obtain a permanent residence permit (=ITAP) by a change in status.

 

[dannyboy]

In theory yes....for ex-wni you can immediately get a KITAP even only after one week of having a KITAS..I forget where I saw that info (it was probably from a youtube video of some kind of immigration seminar in Canada...but maybe I'm wrong). When I got my KITAP...I was already here for more than two years...and I vaguely remember asking about that 'automatic ex-wni switching to a kitap' and was answered by the officer...no you have to wait, etc...but this was when the rule was just formalized but very likely the officer was not familiar with the rules yet...not a surprise..many years later looks like the rule has not been properly socialized yet to all the officers. ...not sure about now..but since Tinoz has been here for two years...it shouldn't be a problem?

According to UU no 6 2011.

Pasal 60
(3) Izin Tinggal Tetap bagi pemohon sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf c dan huruf d dapat langsung diberikan

Ref from Pasal 54 ayat (1)
Pasal 54
(1) Izin Tinggal Tetap dapat diberikan kepada:
d. Orang Asing eks warga negara Indonesia dan eks subjek anak berkewarganegaraan ganda Republik Indonesia.

--
So, Yes, by law you can immediately apply for KITAP the moment you get your KITAS.
Also, from what I heard from my agent, this instant conversion apply to spouse visa too assuming that you can prove that you have legally married an Indonesian for more than 2 years.

 

[Banana72]

Tagging on to this thread....I wonder about the IMTA and its continuous discussion....I remember when I got my (ex-WNI) KITAP and went to the Dirjen Imigrasi Office (in Kuningan? I believe)...the officer showed me in the system that my status changed from the "Tenaga Kerja Asing" to "Ex WNI ikut orang tua kandung WNI". So if I worked for the family business, what would I classify this under? Hope it's okay for me to copy paste this from another forum...now as a director (I don't know if a local PT can actually have a foreigner as a direksi/director?)

[11/8, 16:00] me: Hallo, anda jawaban:
Berdasarkan Permenaker No. 10 Th 2018, pasal 10b. TKA sbg Direksi/Komisaris pemegang saham tidak wajib memiliki RPTKA
Tapi kami perlu IMTA untuk direktur, tetapi di situs web anda rptka diperlukan untuk meminta imta
Apa request imta kalau tidak ada rptka?
[13/8, 09:41] Direktorat PPTKA: Untuk direktur/komisaris pemegang saham tidak perlu membuat RPTKA & IMTA.
[13/8, 14:49] me: Direktur produksi harus mengajar staf tentang membuat roti, dan kadang-kadang tangannya kotor tepung. Agen imigrasi di sini meminta kami untuk memiliki IMTA untuk direktur juga, karena ia tidak dapat mengotori tangannya. Sama untuk direktur pemasaran, bisakah dia bekerja di kantor tanpa imta? Apa yang harus kita katakan saat mereka datang?
[14/8, 12:48] me: Direktur adalah orang asing
[14/8, 12:53] Direktorat PPTKA: Apabila dia pemegang saham silahkan ajukan rekomendasi izin tinggal ke bkpm (tidak perlu membuat imta rptka)
[14/8, 12:59] me: Ya, tapi agen imigrasi disini bicara direktur tidak bisa tangannya kotor tepung. Untuk kerja dengan tepung dia perlu IMTA. Apakah itu benar?
[14/8, 13:52] Direktorat PPTKA: Yang diminta Imigrasi apakah IMTA dia sebagai Direktur atau IMTA dia sebagai pengolah tepung/pembuat roti?
[14/8, 14:01] me: mereka mengatakan bahwa direktur tidak dapat bekerja secara fisik di toko, membuat roti secara fisik, bahkan jika mengajar kepada staf bagaimana melakukannya. Mereka mengatakan bahwa direktur, bahkan jika pemegang saham, perlu imta untuk bekerja secara fisik di toko
[14/8, 14:10] Direktorat PPTKA: Silahkan konfirmasi ke imigrasi mengenai ini. Karena di Perpres 20 tahun 2018 Direktur/Komisaris pemegang saham tidak wajib mempunyai RPTKA dan IMTA
[14/8, 14:11] me: Ok, terima kasih banyak

 

[Tinoz]

In theory yes....for ex-wni you can immediately get a KITAP even only after one week of having a KITAS..I forget where I saw that info (it was probably from a youtube video of some kind of immigration seminar in Canada...but maybe I'm wrong). When I got my KITAP...I was already here for more than two years...and I vaguely remember asking about that 'automatic ex-wni switching to a kitap' and was answered by the officer...no you have to wait, etc...but this was when the rule was just formalized but very likely the officer was not familiar with the rules yet...not a surprise..many years later looks like the rule has not been properly socialized yet to all the officers. ...not sure about now..but since Tinoz has been here for two years...it shouldn't be a problem?

I went to Depok Immigration today. The same exact officer who’d told me that I would need to wait for 2 years to get my Itap, said this today, “Oh, you don’t need to wait at all. You can apply for it as soon as you get your Itas.”
Was I surprised that he gave me a different piece of information?Nope.
Was I upset because I wasted 2 whole years because of him? You bet I was, still am.

He didn’t even remember me, I didn’t have the energy to argue. I asked him why there’s no clear information available, why even the immigration website isn’t working. He just said that it was better to go directly to the immigration office for any questions.

And I was told that I had only until tomorrow to put my application in, since my Itas expiry date is 22 March.

I am really bummed.

 

[yantiharun1]

Thank you for the information regarding the Visa processing for ex WNI.
Currently, I am in the process of getting Visa C318 (repatriation), Vitas will be for 12 mos. stay. I am a retiree, ex WNI and would like to live in Indonesia to be with my family. I would like to keep my US citizenship. Can I convert my Vitas to 5 yr. Kitap in the future?

I apologize because this whole visa processing have been so confusing to me. Can you answer more questions please?

1. What Is the difference between Vitas and Kitas and how long you have to be on vitas before applying for Kitas?
2. Do you have to give up your current citizenship to apply for Kitap?
3. Do you have to pay Indonesian's tax when living on Social security?

I appreciate your help, thanks

 

[jstar]

1. VITAS is a visa and ITAS is a short term stay permit. The K stands for kartu. In fact, VITAS is a predecessor of KITAS to get approval and to enter the country. To stay here you need to convert the VITAS into the KITAS.
2. Absolutely not, a KITAP is a long term stay permit, the successsor (and alternative) for a KITAS.
3. You have to report and perhaps pay tax if you live in RI for more than 183 days per year and have a certain income. This is still based on your worldwide income, it will change with a new law.

 

[yantiharun1]

1. VITAS is a visa and ITAS is a short term stay permit. The K stands for kartu. In fact, VITAS is a predecessor of KITAS to get approval and to enter the country. To stay here you need to convert the VITAS into the KITAS.
2. Absolutely not, a KITAP is a long term stay permit, the successsor (and alternative) for a KITAS.
3. You have to report and perhaps pay tax if you live in RI for more than 183 days per year and have a certain income. This is still based on your worldwide income, it will change with a new law.

Thank you for your response Jstar, it has been very helpfull

 

[yantiharun1]

Thank you for your response Jstar, it has been very helpfull

There are so many different and confusing informations regarding Immigration fees. I am in the process of converting my Sos Bud to Vitas. on my own. I already received approval to go to the nearest KBRI to process my Vitas.

According to the latest Immigration fees on line, Kitas 1 year IDR 1,500 and Kitap 5 yrs IDR 5,000,000.

Is there any additional fees that I should know to process the VITAS and KITAP beside the above mentioned prices?