Musician on spouse kitas

[Jordswards]

Hey guys, not sure if this is the right board for this, but I am just wondering if worling as a musician would fall under the category of undertaking business to provide for my family.
Seeing as it's not being employed by anyone and it's not starting a business.
It's an area I am finding it hard to find answers on.

 

[snpark]

I would say no

 

[centurion]

Working as a musician with a spouse KITAS would require an "artist" work permit. That work permit is issued for artists, sportsmen, and workers in the entertainment industry, with max 6-month validity.

 

[Helpful Herbert]

If you play in a band like the one at BATS, band members there get work permits sponsored by the hotel. If you are just recording at home and selling the work abroad, then it's more like a digital nomad-type situation. If you're playing the violin at traffic lights, then you're putting a local out of work, so that's a definite no.

 

[fastpitch17]

I would think you would need some type of work permit if you are getting paid for anything formally. Especially under a kitas. You mentioned to support the family. Maybe you are referring to the constitution that says there is a right to work so a family can be supported. This is true but since it doesn't say "without currents laws applied" you will still need to follow the law pertaining to working in any form.

This is not an Immigration question. They don't care if you work or not. It is a manpower question and only they can tell you what you need legally. Immigration only get involved when manpower instructs them you broke the law and they deport you.

 

[Brian86]

I would think you would need some type of work permit if you are getting paid for anything formally. Especially under a kitas. You mentioned to support the family. Maybe you are referring to the constitution that says there is a right to work so a family can be supported. This is true but since it doesn't say "without currents laws applied" you will still need to follow the law pertaining to working in any form.

This is not an Immigration question. They don't care if you work or not. It is a manpower question and only they can tell you what you need legally. Immigration only get involved when manpower instructs them you broke the law and they deport you.

Immigration law very clearly states that spouses of WNI on KITAS may work to fulfill their family needs: UU 6 2011

Pasal 61
Pemegang Izin Tinggal terbatas sebagaimana dimaksud dalam Pasal 52 huruf e dan huruf f dan pemegang Izin Tinggal Tetap sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf b dan huruf d dapat melakukan pekerjaan dan/atau usaha untuk memenuhi kebutuhan hidup dan/atau keluarganya.

Manpower law says that all foreign workers must have work permit, but they will not issue them to someone on a spouse visa. There is a conflict here between Immigration and Manpower, but Immigration is the only one who can deport you, and they should be following their law, not Manpower's. So can Manpower fine you or throw you in jail for breaking their law? I don't believe they have any enforcement like that over individual workers (please show me if I'm wrong), only over companies, so companies are in danger if they hire "Pasal 52 huruf e" people.

Which is what has lead to the norm practiced by thousands of spouses across the country; informal work only.

As for the original question, @Jordswards , it would seem that working as a musician is fine for the individual, but presents a real liability to the venues and the band if it is organized formally as a business.

 

[centurion]

Manpower law says that all foreign workers must have work permit, but they will not issue them to someone on a spouse visa. There is a conflict here between Immigration and Manpower, but Immigration is the only one who can deport you, and they should be following their law, not Manpower's. So can Manpower fine you or throw you in jail for breaking their law? I don't believe they have any enforcement like that over individual workers (please show me if I'm wrong), only over companies, so companies are in danger if they hire "Pasal 52 huruf e" people.

Manpower is issuing work permits for spouse-sponsored ITAS/ITAP holders since 2012.

 

[fastpitch17]

Manpower is issuing work permits for spouse-sponsored ITAS/ITAP holders since 2012.

Issuing to whom? They very well can issue a work permit to a company employing a spouse sponsored kitas/kitap but they do not issue work permits to individuals. An individual no matter the visa can not just get a work permit. Not sure of the cost today but were $1,200 for one year previously and assigned to an employer. Can be transferable if employee leaves. Employees do not take them with them to a new business.

 

[fastpitch17]

Immigration law very clearly states that spouses of WNI on KITAS may work to fulfill their family needs: UU 6 2011

Manpower law says that all foreign workers must have work permit, but they will not issue them to someone on a spouse visa.

No conflict. Immigration says you can work and you can if someone hires you and gets the proper work permit. Manpower says you can work if your business applies for, pays for, and receives a work permit associated with an individual they want to hire. They certainly can hire someone spouce sponsored. Individuals just can not get a work permit on their own no matter the sponsorship. If someone goes to work without a valid work permit they have broken the law and yes, will be deported. The business that hired them rairly gets more than a slap on the wrist.

 

[centurion]

Issuing to whom? They very well can issue a work permit to a company employing a spouse sponsored kitas/kitap but they do not issue work permits to individuals. An individual no matter the visa can not just get a work permit. Not sure of the cost today but were $1,200 for one year previously and assigned to an employer. Can be transferable if employee leaves. Employees do not take them with them to a new business.

Manpower issues the work permit to the company, for spouse-sponsored ITAS/ITAP holders. In the application process, the company has to submit the documents for the foreign worker, and in the case of spouse-sponsored ITAS/ITAP holders, there is a separate category that exists for these applications (in the process itself known as "sponsor pasangan").

 

[snpark]

Yes 2 separate different things with 2 separate different procedures and issued separately independently
One is to work
One is to reside
Can get one without the other (wife etc) but most of us require both simultaneously