Options To Work On A Spouse Sponsored Kitas

[Expat2018]

Options to work on a spouse sponsored KITAS

Hi all,

I'm new to this and I have just got a spouse sponsored kitas (Izin Tinggal Terbatas).

I really want to be closer to my family and looking for information in regards to working legally here in Indonesia.

Any advice / knowledge is greatly appreciated.

Regards,

Jordy.

Question 1:
Can I work legally in Indonesia on a spouse sponsored visa or do I need additional permits?

Question 2:
To work for an Indonesia company would they have to sponsor me separately to my wife or is there other options like working as a consultant?

Question 3:
As a consultant can I only work for a family business or can I apply for any position/company in Indonesia?

Question 4:
What is the application process to work as a consultant and where can I apply?

 

[Bad_azz]

Q1- Yes, no
Q2 freelance
Q3 freelance
Q4 freelance

 

[centurion]

Q1 : yes, yes
Q2: yes, you will get a work permit sponsored by the company, but stay permit stays on spouse. A work permit is required even as a consultant or short-term assignment
Q3: yes, with a work permit, yes, but only for positions expert or manager and above that.
Q4: regular work permit process, you have to have a company that is engaging you.

As is it seems for now, for any work required by a foreigner is required a work permit (a.k.a. RTKA/Notifikasi)

I have been on the socialization organized by PeCa (Perkawinan Campuran organization), Imigrasi (represented by Ade Satria)and Manpower(represented by Haryanto). PerCa representatives mentioned same questions that we ask here, that TKA should not apply to spouses and ex Indonesians, quoting the discrepancies in the regulations and the definitions in the laws and bylaws that we all know here, is there a grey area or no.

The standing position of Manpower is that any foreigner that is working, TKA or non-TKA for them is treated as a TKA and that they will sanction anybody who does not comply (individual and company). Immigration consequently would deport such person by Manpower order. So no informal work, family work, freelance, independent consultant etc without work permit.

Moreover, now when a company applies for a work permit for a worker, they have to mention in Manpower online application system if you are on spouse stay permit or no. If you are, the system will not process VITAS visa but issue the Notification (ex-IMTA) straight away.

 

[Bad_azz]

Interesting developments there then.
Until they write it in the law though that it is an IMWNA & not an IMTA/RTKA I shall be not be fazed by them.

Where was this socialisation Centurion?

And why was it? And who was it for? And who was invited? And were there lawyers present?

So many questions.

 

[Bad_azz]

Ah AmCham provided me with a pdf of of the socialisation..
http://www.amcham.or.id/images/100/20180821 - Presentation on New Regulation of Foreign Manpower.pdf

 

[Bad_azz]

And it still makes no reference to spouse sponsored visas, unless I missed it- so all we have is a verbal comment from a meeting, vs all their wording referencing TKA, gosh I wish I had pursued my law degree.

The argumentative bitch that lurks within me would itch to try them in court on that one- BUT TII...so it would be a lottery.

 

[centurion]

Sosialisasi was on 13 November in hotel Manhattan and I think I put the invitation earlier. From PerCa side was Ika Farida, lawyer, she was behind the challenging of the Marriage Law in the Constitutional Court (the one that allows now postnup agreements for mixed couples). She explained with a nice powerpoint, among other things, everything that you quote in favor that what is for TKA is not spouse sponsored foreigners and ex-Indonesians and that such foreign spouses should be fully exempted from regulation covering the employment of TKAs.
Other contradiction that was also mentioned is that directors/commissioners that are shareholders, are fully exempted from work permits and DPK payment of 1200USD/year totally against the Labor Law (true), while ex-Indonesians with KITAP (usually Indonesian kids who took the foreign parent`s citizenship while on studies), and who should have the same treatment as spouse sponsored KITAP/KITAS holders, meaning should not be treated as TKA, and on the top of that are half-Indonesians, have to pay 1200 USD/year and get work permits.

However, Manpower has this standing, not grey, but black and white. As I said, they accommodated sponsored spouses in Manpower online application for work permits.

 

[James Gillis]

Hello, I am James and living in Jogya with my Indonesian wife and I am investigating how to get a Kitas visa. I'm confused about some aspects of this process. Can anyone tell me if a need a Vitas first before getting a Kitas? I am currently here on a 60 day visa and must leave on January 19 so I know its too late for picking up the visa. Any help or advice would be greatly appreciated. I have researched the requirements but still confused and want to do it on line if I can,,,James

 

[Bad_azz]

Hello, I am James and living in Jogya with my Indonesian wife and I am investigating how to get a Kitas visa. I'm confused about some aspects of this process. Can anyone tell me if a need a Vitas first before getting a Kitas? I am currently here on a 60 day visa and must leave on January 19 so I know its too late for picking up the visa. Any help or advice would be greatly appreciated. I have researched the requirements but still confused and want to do it on line if I can,,,James

You would be best served asking in this thread (see the link) ... but read through it first - it might answer your questions
https://forum.expatindo.org/threads/how-to-proceess-kitas-vitas-online.411/

 

[James Gillis]

Thanks for your response, I have read the link you sent me a number of times and it is helpful but its from 2016 so a bit out of date with new regulations coming out by the Indonesian government

 

[Bad_azz]

Thanks for your response, I have read the link you sent me a number of times and it is helpful but its from 2016 so a bit out of date with new regulations coming out by the Indonesian government

I think, if you look at the dates, the thread has been contributed to regularly upto december 2018.

 

[James]

Q1- Yes, no
Q2 freelance
Q3 freelance
Q4 freelance

#1
I am staying with my wife in other country. Now we are decided to go back and stay in Indonesia. But the problem is I only have Spouse Sponsored Kitas but I don't have work permit. My question is,

Is it necessary to obtain a work permit? If necessary, then can I apply a work permit without degree certificate?

Thanks in advance.

 

[James]

Q1 : yes, yes
Q2: yes, you will get a work permit sponsored by the company, but stay permit stays on spouse. A work permit is required even as a consultant or short-term assignment
Q3: yes, with a work permit, yes, but only for positions expert or manager and above that.
Q4: regular work permit process, you have to have a company that is engaging you.

As is it seems for now, for any work required by a foreigner is required a work permit (a.k.a. RTKA/Notifikasi)

I have been on the socialization organized by PeCa (Perkawinan Campuran organization), Imigrasi (represented by Ade Satria)and Manpower(represented by Haryanto). PerCa representatives mentioned same questions that we ask here, that TKA should not apply to spouses and ex Indonesians, quoting the discrepancies in the regulations and the definitions in the laws and bylaws that we all know here, is there a grey area or no.

The standing position of Manpower is that any foreigner that is working, TKA or non-TKA for them is treated as a TKA and that they will sanction anybody who does not comply (individual and company). Immigration consequently would deport such person by Manpower order. So no informal work, family work, freelance, independent consultant etc without work permit.

Moreover, now when a company applies for a work permit for a worker, they have to mention in Manpower online application system if you are on spouse stay permit or no. If you are, the system will not process VITAS visa but issue the Notification (ex-IMTA) straight away.

#1
Hi, great info. Can i ask you if I keep my wife sponsored Kitas. And I apply for an additional work permit for work, do I still need to have a degree certificate? Is the degree certificate is necessary to work in cafe or restaurant? Thanks in advance.

 

[lifelongexpat]

Is the degree certificate is necessary to work in cafe or

In a restaurant or cafe that you will establish yourself or do you mean apply for a job in a local restaurant or cafe?

 

[James]

For now I want to apply for a job in local cafe or restaurant. Then later I will try to open small cafe.

 

[James]

In a restaurant or cafe that you will establish yourself or do you mean apply for a job in a local restaurant or cafe?

Actually I am a chef. I have a lot of experience on this. But I don't have a degree. I contacted few agencies in Jakarta, they told me that I have to have a work permit to work. Then I must need a degree certificate to apply for work permit.

 

[IndoTom]

For now I want to apply for a job in local cafe or restaurant. Then later I will try to open small cafe.

Hi James, The only place I know of that would hire a foreign chef in Jakarta would be a fancy 5 star hotel, which would probably expect a high degree of professional experience and / or credentials. Local cafes or restaraunts wouldn't be able to affort to hire a foreign cook. The wages for a "cook" at a local cafe or restaraunt is very low. Have you visited or lived in Indonesia before?

 

[centurion]

#1
Hi, great info. Can i ask you if I keep my wife sponsored Kitas. And I apply for an additional work permit for work, do I still need to have a degree certificate? Is the degree certificate is necessary to work in cafe or restaurant? Thanks in advance.

Yes, you need a University degree or proficiency certificate and letter stating at least 5 years of experience from the previous employer(s).

Indonesia does not allow low skilled jobs, meaning in a restaurant you could be only a chef or manager. As a foreigner, you can only work in medium or big companies.

 

[Bad_azz]

#1
I am staying with my wife in other country. Now we are decided to go back and stay in Indonesia. But the problem is I only have Spouse Sponsored Kitas but I don't have work permit. My question is,

Is it necessary to obtain a work permit? If necessary, then can I apply a work permit without degree certificate?

Thanks in advance.

My post was 2 years ago, things have changed somewhat since then re spouse sponsored KITAS holders/working

 

[R Cameron]

For now I want to apply for a job in local cafe or restaurant. Then later I will try to open small cafe.

Applying for a job at a local cafe or restaurant is basically impossible, as others have pointed out. However, a very frequent topic of discussion on this forum is a grey area in the law for spouses to work, typically within a business owned by their WNI spouse. Many people do this without difficulties, though it is typically recommended to keep a 'behind the scenes' role. This thread can give you a sampling of the confusing legal grounds you will cross if you do this and your local immigration or manpower decide to investigate your activities: https://www.expatindo.org/community...sored-kitap-working-without-imta-in-pma.5089/