Switching Sponsor

[mfi]

Hi everyone. Below is what I wrote about myself when registering.

Came to Indonesia to work 30 years ago, married an Indonesian wife 2 years later. Have been here since, started my own PMA company more than 20 years ago. Sponsored by my own company, will switch to spouse sponsor when I retire after business & factory sold (not for sale yet).

So I have a company sponsored lifetime (investor) KITAP, is it truly "lifetime" or as long as my company exists? What happens if I retire and sell my business? What happens if I just resign from executive or non-executive positions (as director or commissioner) but retains majority share ownership in the company (company exists but I'm "jobless" without any position)? Is that allowed under Investor KITAP (no position, just shareholder)?

On the flip side, if I switch sponsorship to my wife NOW, can I work in my own company as director or commissioner without work permit? Note: I founded the company, shares are in my name, not my wife. The other shareholder is minority and not related to me (foreigner not living in Indonesia).

 

[marcus]

... So I have a company sponsored lifetime (investor) KITAP, is it truly "lifetime" or as long as my company exists?

From what I understand , your time unlimited KITAP is still sponsored by your PMA , and any KITAP (or KITAS) usually cannot exist without a sponsor or an investment (there may be 1 or 2 exceptions , but not in this case) .

What happens if I retire and sell my business?

I am not sure but I think that you are required to "Report" that you have no PMA/sponsor anymore . Because in my KITAP data at evisa website I didn't see a option for sponsor change (that was possible in the past) , so you may have first request a "Bridge Stay Permit" then the KITAS/KITAP for Indonesian spouse . You can check this yourself too by (if not yet) creating your PMA's account at https://evisa.imigrasi.go.id/front/register and later getting access to your KITAP's data and available process' options .

What happens if I just resign from executive or non-executive positions (as director or commissioner) but retains majority share ownership in the company (company exists but I'm "jobless" without any position)? Is that allowed under Investor KITAP (no position, just shareholder)?

I think that someway you can continue to be sponsored by your PMA .

On the flip side, if I switch sponsorship to my wife NOW, can I work in my own company as director or commissioner without work permit? ...

Although all my answers require confirmation from Immigration and/or Manpower Department, this question is the one I know the least .

I am almost sure that you can work (the doubt is if with or without a work permit) . You are required to report it to Immigration : at https://evisa.imigrasi.go.id/ you login at your Indonesian spouse's account and request a "Data Change" , "Concurrent Activity to Director" or "Concurrent Activity to Commissioners" .

---------------------------------

Just as an additional information , an Indonesian spouse's sponsorship has more benefits than your present sponsorship (see below) :

PP no.40 Year 2023 - free translation
Article 160
(1) In the event that the Indonesian spouse dies, an ITAS or an ITAP obtained through a mixed marriage remains valid.
(2) The foreigner as referred to in paragraph (1) is required to report his/her marital status to the Immigration Office.

Article 162
(1) For mixed marriage older than 10 years , the ITAP obtained through a legal marriage remains valid even if the marriage has ended due to divorce and/or a court decision.
(2) The foreigner as referred to in paragraph (1) is required to report his/her marital status to the Immigration Office.

 

[centurion]

Hi everyone. Below is what I wrote about myself when registering.

Came to Indonesia to work 30 years ago, married an Indonesian wife 2 years later. Have been here since, started my own PMA company more than 20 years ago. Sponsored by my own company, will switch to spouse sponsor when I retire after business & factory sold (not for sale yet).

So I have a company sponsored lifetime (investor) KITAP, is it truly "lifetime" or as long as my company exists? What happens if I retire and sell my business? What happens if I just resign from executive or non-executive positions (as director or commissioner) but retains majority share ownership in the company (company exists but I'm "jobless" without any position)? Is that allowed under Investor KITAP (no position, just shareholder)?

On the flip side, if I switch sponsorship to my wife NOW, can I work in my own company as director or commissioner without work permit? Note: I founded the company, shares are in my name, not my wife. The other shareholder is minority and not related to me (foreigner not living in Indonesia).

You can switch to your spouse now, but to work in the PMA without work permit as a director you will need minimum 15 billion Rp in personal shares for KITAP, and 10 billion Rp in shares for KITAS.

Anything less than that will require a work permit.

 

[mfi]

You can switch to your spouse now, but to work in the PMA without work permit as a director you will need minimum 15 billion Rp in personal shares for KITAP, and 10 billion Rp in shares for KITAS.

Anything less than that will require a work permit.

For greater clarity, you said "but to work in the PMA without work permit as a director", are you saying that no work permit is required for the position of commissioner? My whole life I have never been a Commissioner, so I don't know. Our Commissioner is a foreigner who live in his country, he doesn't need residency permit or any permit in Indonesia. But since commissioner is a non-executive position, am not surprised if work permit is not required.

 

[centurion]

For greater clarity, you said "but to work in the PMA without work permit as a director", are you saying that no work permit is required for the position of commissioner? My whole life I have never been a Commissioner, so I don't know. Our Commissioner is a foreigner who live in his country, he doesn't need residency permit or any permit in Indonesia. But since commissioner is a non-executive position, am not surprised if work permit is not required.

Commissioner too. Work permit is required for a resident foreigner with shares less than 10/15 billion.

 

[marcus]

... What happens if I retire and sell my business? ...

Sorry to return to this subject again . In my post no.2 above I said that I didn't see the option for sponsor's change .
Today I was checking the "Data Change" option and found the "Change of Guarantor" option there . I hope this is the real process that was available in the past . I cannot be sure because in my view , if so , this option should be listed together with the important processes like "Extend", "Bridge Stay Permit" , "EPO" , ... , instead of under "Data Change" , unless Immigration now changed it to a simpler process in which the ITAP would not change its number/expiry time , for example .

 

[mfi]

Sorry to return to this subject again . In my post no.2 above I made a mistake when I said I didn't see the option for sponsor's change . Today I checked again and fortunately THERE IS the "Change of Guarantor" option , so please forget about the Bridge Stay Permit option I mentioned before .

Thanks Marcus. I will change sponsor before selling the business or factory (not after). Thereafter, I will continue to run the factory until a suitable buyer is found which can take months or years.