Have any teachers managed to get KITAP?

[centurion]

That means gemina should have gotten her ITAP.

Correct, if she is the only director. I am lazy to dig the regulations but the formulation is like I mentioned.

 

[marcus]

... I am lazy to dig the regulations but the formulation is like I mentioned.

From your previous posts in Forums I see that you do know about many subjects , but let me say (please don't be mad) that I doubt that what you said in posts nos.11 & 19 is still valid because :
a) I didn't find what you said in the 2021's Regulation (see post no.14) , although I didn't read it all ;
b) Regulations do change from time to time ;
c) Just remembering what we did read months ago may not be enough sometimes .

 

[gemima]

That means gemina should have gotten her ITAP.

Nope - we are 4 directors in the company!

 

[centurion]

From your previous posts in Forums I see that you do know about many subjects , but let me say (please don't be mad) that I doubt that what you said in posts nos.11 & 19 is still valid because :
a) I didn't find what you said in the 2021's Regulation (see post no.14) , although I didn't read it all ;
b) Regulations do change from time to time ;
c) Just remembering what we did read months ago may not be enough sometimes .

PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA REPUBLIK INDONESIA NOMOR 22 TAHUN 2023 TENTANG VISA DAN IZIN TINGGAL


Bagian Keempat
Izin Tinggal Tetap
Paragraf 1
Umum
Pasal 120


.....(5) Orang Asing pemegang Izin Tinggal Terbatas sebagai pekerja sebagaimana dimaksud pada ayat (1) huruf a merupakan Orang Asing yang bekerja dengan jabatan pimpinan tertinggi perusahaan atau kepala perwakilanperusahaan asing yang beroperasi di Wilayah Indonesia.


To stay corrected, chief of representative office can also get an ITAP.

 

[Dave70]

Nope - we are 4 directors in the company!

Since you'll try to change to president director next time (post #12), that would mean the current one will be ousted from his/her position at the next shareholders meeting.

 

[pantaiema]

A teacher along with other workers on Work permit is eligible for a change of status from Temporary Stay Permit (ITAS) to Permanent Stay Permit (ITAP) given that they meet the requirement. It is stated from the official information from Indonesian Immigration.
https://www.imigrasi.go.id/wna/izin...n-tinggal-terbatas-menjadi-izin-tinggal-tetap
General Information

• Foreign Nationals may be granted a change of status from Temporary Stay Permit (ITAS) to Permanent Stay Permit (ITAP) based on a request.
• The application for the change of status from ITAS to ITAP must be submitted at least 30 days before the expiration of the ITAS period.
• The application for the status change from ITAS to ITAP is submitted by the Foreign National, Sponsor, or Responsible Party through an application to the Head of the Immigration Office.
• The change of status from Temporary Stay Permit (ITAS) to Permanent Stay Permit (ITAP) can be granted to Foreign Nationals holding ITAS engaged in activities:

1. as a worker;
2. as a clergyman/clergywoman;
3. foreign investment;
4. family reunification;
5. repatriation;
6. the second home consists of:
7. second home;
8. special expertise;
9. personage;
10. individuals aged 60 years or older.

General Requirements:
legal and valid National Passport;
integration statement, except for children under 18 years old and unmarried;
relevant Foreign National's ITAS;
proof of sponsorship from the Sponsor in case of having a Sponsor;
identity card and/or family card of the Sponsor or Responsible Party in case of having a Sponsor or Responsible Party;
ITAP of the spouse, husband, father, mother, or child, in case of joining the spouse, husband, father, mother, or child who is an ITAP holder.

If you want to dig it further the legal basis based on this information.

1. Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 22 of 2023 on Visa and Stay Permit
2. Decree of the Minister of Law and Human Rights of the Republic of Indonesia Number M.HH-02.GR.01.04 of 2023 on the Classification of Visas
3. Regulation of the Minister of Finance of the Republic of Indonesia Number 9/PMK.02/2022 on Type and Tariff of Non-Tax State Revenue (PNBP) for Urgent Needs on Immigration Services in the Ministry of Law and Human Rights
4. Regulation of the Minister of Finance of the Republic of Indonesia Number 82 of 2023 on Type and Tariff of Non-Tax State Revenue (PNBP) for Urgent Needs on Golden Visa Services in the Ministry of Law and Human Rights

 

[marcus]

For employees with a work permit, only president directors can get KITAP ... chief of representative office can also get an ITAP.

PerMen 22 TAHUN 2023
Pasal 120
.....(5) Orang Asing pemegang Izin Tinggal Terbatas sebagai pekerja sebagaimana dimaksud pada ayat (1) huruf a merupakan Orang Asing yang bekerja dengan jabatan pimpinan tertinggi perusahaan atau kepala perwakilanperusahaan asing yang beroperasi di Wilayah Indonesia.

So reading the rules from both the Manpower & Immigration Departments (see below) , we may see that :
1) Immigration issues the 5 years Work KITAP only after Manpower approves the RPTKA's extension for 5 years;
2) Manpower states that only workers in KEKs/Special Economic Zones can get a 5 years RPTKA extension ;
3) Your positions (repeated above for clarity) & the item (5) of Article 120 of the Immigration Regulation (that you presented) seem to partially disagree with the item (6) of Article 21 of the Manpower Regulation .

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

a) From manpower (from my post no.14) :
PP no.34 Year 2021 - free translation
Article 1
4. RPTKA is a plan for the use of foreign workers for specific positions and for a specific period.
Article 17
(2) Approval of the RPTKA for work lasting more than 6 months and Approval of non-fee RPTKA are granted for a maximum period of 2 years and may be extended.
(3) Approval of the KEK RPTKA is granted for a maximum period of 5 years and may be extended.
(4) Approval of the KEK RPTKA for director or commissioner positions is granted once and is valid for as long as the foreign worker in question serves as a director or commissioner.
Article 21
(6) The validity period for each RPTKA extension approval ... is a maximum of 2 years, and RPTKA extension approval in a Special Economic Zone (KEK) is for maximum of 5 years.
(7) RPTKA extension approval is used as a recommendation for obtaining a residence permit for work purposes for foreign workers.

b) From Immigration (from your post no.24) :
Article 120 of PerMen no.22 Year 2023 - free translation
(1) An ITAP may be granted to a foreigner holding an ITAS to carry out the following activities:
a. work;
....
(5) A foreigner holding an ITAS is an employee as referred to in paragraph (1) letter a is a foreigner who works in the position of top management of a company or head of a representative office of a foreign company operating in Indonesia.

 

[centurion]

So reading the rules from both the Manpower & Immigration Departments (see below) , we may see that :
1) Immigration issues the 5 years Work KITAP only after Manpower approves the RPTKA's extension for 5 years;
2) Manpower states that only workers in KEKs/Special Economic Zones can get a 5 years RPTKA extension ;
3) Your positions (repeated above for clarity) & the item (5) of Article 120 of the Immigration Regulation (that you presented) seem to partially disagree with the item (6) of Article 21 of the Manpower Regulation .

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

a) From manpower (from my post no.14) :
PP no.34 Year 2021 - free translation
Article 1
4. RPTKA is a plan for the use of foreign workers for specific positions and for a specific period.
Article 17
(2) Approval of the RPTKA for work lasting more than 6 months and Approval of non-fee RPTKA are granted for a maximum period of 2 years and may be extended.
(3) Approval of the KEK RPTKA is granted for a maximum period of 5 years and may be extended.
(4) Approval of the KEK RPTKA for director or commissioner positions is granted once and is valid for as long as the foreign worker in question serves as a director or commissioner.
Article 21
(6) The validity period for each RPTKA extension approval ... is a maximum of 2 years, and RPTKA extension approval in a Special Economic Zone (KEK) is for maximum of 5 years.
(7) RPTKA extension approval is used as a recommendation for obtaining a residence permit for work purposes for foreign workers.

b) From Immigration (from your post no.24) :
Article 120 of PerMen no.22 Year 2023 - free translation
(1) An ITAP may be granted to a foreigner holding an ITAS to carry out the following activities:
a. work;
....
(5) A foreigner holding an ITAS is an employee as referred to in paragraph (1) letter a is a foreigner who works in the position of top management of a company or head of a representative office of a foreign company operating in Indonesia.

Jabatan pimpinan tertinggi is president director according to the interpretation. Manpower does not issue 5 years work permits in regular cases, just yearly. So after 4 years (when you enter the 4th KITAS), you can apply for KITAP if you are a president director or sole director.

 

[gemima]

Since you'll try to change to president director next time (post #12), that would mean the current one will be ousted from his/her position at the next shareholders meeting.

I hope to just switch the position with the current presidential director who lives in THailand and doesnt have a KITAS or want a KITAP. The 4 directors are all shareholders and I'm the only one living in Indonesia (and we are all on friendly terms).

 

[snpark]

I hope to just switch the position with the current presidential director who lives in THailand and doesnt have a KITAS or want a KITAP. The 4 directors are all shareholders and I'm the only one living in Indonesia (and we are all on friendly terms).

If it's something beneficial just say hey guys sorry but the agent says new regs the PD must live in Indo now. I'm happy to step up for the company and in name only switch to PD etc etc

 

[pantaiema]

A teacher along with other workers on Work permit is eligible for a change of status from Temporary Stay Permit (ITAS) to Permanent Stay Permit (ITAP) given that they meet the requirement. It is stated from the official information from Indonesian Immigration.
https://www.imigrasi.go.id/wna/izin-tinggal-keimigrasian/izin-tinggal-terbatas-menjadi-izin-tinggal-teta
The change of status from Temporary Stay Permit (ITAS) to Permanent Stay Permit (ITAP) can be granted to Foreign Nationals holding ITAS engaged in activities:

1. as a worker;
2. as a clergyman/clergywoman;
3. foreign investment

Hi everyone,

I've joined the forum because I have been an SMA teacher for 4 years on a KITAS (sekolah nasional bukan satuan pendidikan kerja sama / internasional). Eventually, I would like to become WNI.

However, the advice from agents is that it's unlikely I will be able to apply for a KITAP because I'm only in a teacher position. Usually a KITAP would be for those in higher positions in their organisations.

Has anyone been in this position, or does anyone have any advice?

Terima kasih sebelumnya.

IMO, Teachers, Workers, clergymen/clergywomen may qualify to change their status from a Temporary Stay Permit (ITAS) to a Permanent Stay Permit (ITAP), provided that they fulfil the other requirements, such as the required period of residence. Apart form the Link from official immigration website provided above, this is also stated in Permenkumham_No_22_2023 concerning Visas and Stay Permits, particularly Article 120.

I am not entirely certain, but my understanding is that the requirement to hold the position of a President Director or the highest leadership position (pimpinan tertinggi) may apply specifically to the conversion of particular ITAS such as an Investor ITAS into an ITAP, rather than to all ITAS holders under the worker category.

It would not make sense to refer to a CEO or President Director as a “worker” or a clergyman/clergywoman. And it would be even less logical for such terms to be used interchangeably in the wording of the regulation/law.

Keep in mind the information from the agent might not be always accurate. So in my opinion, the best way to clarify this would be for the OP to consult directly with Immigration and the Ministry of Manpower and confirm whether their specific ITAS status can be converted to ITAP.

Alternatively, someone may know of an actual case where a foreign professional, such as a teacher, successfully converted from ITAS to ITAP through the worker category. Such an example would provide useful practical confirmation.

 

[centurion]

IMO, Teachers, Workers, clergymen/clergywomen may qualify to change their status from a Temporary Stay Permit (ITAS) to a Permanent Stay Permit (ITAP), provided that they fulfil the other requirements, such as the required period of residence. Apart form the Link from official immigration website provided above, this is also stated in Permenkumham_No_22_2023 concerning Visas and Stay Permits, particularly Article 120.

I am not entirely certain, but my understanding is that the requirement to hold the position of a President Director or the highest leadership position (pimpinan tertinggi) may apply specifically to the conversion of particular ITAS such as an Investor ITAS into an ITAP, rather than to all ITAS holders under the worker category.

It would not make sense to refer to a CEO or President Director as a “worker” or a clergyman/clergywoman. And it would be even less logical for such terms to be used interchangeably in the wording of the regulation/law.

Keep in mind the information from the agent might not be always accurate. So in my opinion, the best way to clarify this would be for the OP to consult directly with Immigration and the Ministry of Manpower andnop confirm whether their specific ITAS status can be converted to ITAP.

Alternatively, someone may know of an actual case where a foreign professional, such as a teacher, successfully converted from ITAS to ITAP through the worker category. Such an example would provide useful practical confirmation.

nope.