RPTKA > KITAP, and no more IMTA ?

Dave70

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Hi All. Is it true that now you need to get RPTKA first before you can renew a work KITAP? It was not necessary before because the process was separate. And my agent told me that IMTA is not required anymore? How about the $1200/year, also abolished? As a director having shares in the company which sponsored my stay and been living here for many years, it is getting quite confusing lately even for the agent who said that regulations don't always apply in the fields. The agent is also telling me that i'm qualified to apply for investor status so that i don't need even the RPTKA but he is not suggesting it because the process has to go through Darmin Nasution himself and it can take a long time. How true is that (no IMTA, no RPTKA)?
 
News to me. Due to renew mine in Jan and my agent hasn't mentioned any changes. Just that she needs my passport after Xmas for a few days to start the renewal.


edit: Sorry mine is for KITAS not KITAP
 
Last edited:
An approved RPTKA is now automatically an IMTA. You need RPTKA/IMTA to apply for ITAS/ITAP. The $1200/yr is still applicable to all TKA (foreign workers).

There is an investor ITAS also, that one doesn't require RPTKA since you are not a worker, rather an investor of a company. The minimum amount invested is Rp 10 billion. This ITAS goes through BKPM (Investment Coordination Board) rather than the Ministry of Manpower as the work ITAS would.
 
If you are a shareholder and director/commissioner you do not need RPTKA and Notifikasi (ex- IMTA) anymore. But for conversion to KITAP (for the extension ), you will need a recommendation from BKPM. You will need 1 billion. Rp of shares as a prerequisite, if you are shareholder and director/commissioner. With that recommendation, you will get a KITAP in Imigrasi. The extensions, however, should go automatically, Imigrasi will check your Akta, if you are inside that`s it.

RPTKA is not automatically a work permit, you need a "Notifikasi", basically same crap as IMTA-that is how Kemnaker screwed Jokowi`s work permit reform.
 
Yeah, the problem is that a Presidential Regulation which aims to streamline a process, to make it faster, gets completely undone by the Implementation Regulation, something that officially only should define how to do it.

So they leave out the IMTA in the high level regulation and -hoopla- some smart@ss makes it difficult again by requiring something similar with a different name in the process description.

The PR states something needs to be done within x days and the MOMR (Manpower Implementation Regulation) states that the x days mentioned, start after a study on the suitability of the concerned employee. And they give -obviously- no deadline for that suitability study.

Just great.
 
Yeah, the problem is that a Presidential Regulation which aims to streamline a process, to make it faster, gets completely undone by the Implementation Regulation, something that officially only should define how to do it.

So they leave out the IMTA in the high level regulation and -hoopla- some smart@ss makes it difficult again by requiring something similar with a different name in the process description.

The PR states something needs to be done within x days and the MOMR (Manpower Implementation Regulation) states that the x days mentioned, start after a study on the suitability of the concerned employee. And they give -obviously- no deadline for that suitability study.

Just great.

Well said, deep insight, obviously you're a longtimer.
 
As of November 1, 2018, the Ministry of Manpower and Immigration has started the implementation of the new work and stay permit application system for foreign workers based on Regulation of Minister of Manpower number 10 of 2018 (MOM Regulation) and Ministry of Law and Regulation number 16 of 2018. In line with the new application system, the foreign investment board, BKPM, has issued regulation 6 of 2018 (BKPM Regulation). In this article we will discuss the option of investors to obtain a limited stay permit (ITAS) without the need to apply for a work permit (RPTKA and notification – previously known as IMTA). An investor is a foreign person who owns shares in a local foreign limited liability company (PT PMA). There are two types of investors in Indonesia: 1) Investors who do not work as a Director or Commissioner (shareholder only), and 2) Investors who hold shares in a PT PMA and also work as Director or Commissioner in the same PT PMA.

Pros and cons of Investor Stay Permit

The main pros and cons of obtaining an investor ITAS are:

  1. Pro: The investor is not required to obtain a RPTKA and notification, which will lead to shorter processing times. Moreover, the investor is not required to pay the mandatory contribution to the Indonesian Manpower Development Fund (DPKK) of US$1,200 per annum.
  2. Con: The investor is not allowed to perform any work in Indonesia. In case an investor needs to work in Indonesia, he/she is required to obtain a work permit through the standard application procedure.
  3. Con: Although not clearly regulated, based on our current understanding it is not possible to include dependents under an investor ITAS. Under a normal ITAS family members (spouses and children) can join the foreign worker in Indonesia using a dependent ITAS. Family members of an investor who wish to join the investor to Indonesia are therefore required to apply for a single-entry visa, with a maximum validity period of 60 days, and which can be extended up to four times, each extension for maximum one month.
Contradiction in MOM Regulation and BKPM Regulation

Based on article 10 (1) of the MOM Regulation, any Investor who holds shares in a PT PMA and who at the same time also serves as Director or Commissioner is not required to obtain a work permit (RPTKA and notification) to work and stay in Indonesia. Article 48 (1) of the BKPM Regulation however only issues a recommendation for a limited stay visa for investors who do not work in Indonesia. At the time of writing, BKPM has not yet regulated a recommendation for investors who hold shares in a PT PMA and also work as director or commissioner. Moreover, based on article 22 (3a) of the Minister of Law and Human Rights Regulation number 51 of 2016, a limited stay visa which is issued for investors does not allow the investor to perform any work activities.

Until the authorities (BKPM and Ministry of Law and Human Rights) issue a new regulation in line with the MOM Regulation, we recommend that investors apply for a work permit (RPTKA and notification), to avoid any problems with manpower officers in case of audits.

Types of stay permits

Currently, there are two types of stay visas available for investors who hold shares in a PT PMA and who do not serve as director or commissioner at the same time:

  1. Index Visa C313: This type of visa is required for investors who wish to opt for a 12-month stay permit. Amongst others, the visa requires a passport with a validity period of at least 18 months and a recommendation from BKPM.
  2. Index Visa C314: This type of visa applies to investors who wish to obtain a 24-month stay permit. The document requirements are almost the same as those of the Index Visa C313, however the minimum passport validity period is set to 30 months.
Application Procedure

Recommendation BKPM

The application for the investor’s ITAS must be submitted offline to BKPM, by completing the required form. After successful submission of the application, BKPM will check the application and within three business days after the successful submission, BKPM will issue a recommendation. A rejection of BKPM will be issued within two business days as of the date of successful submission of the application.

Limited Stay Visa

When applying for the limited stay permit, the investor is not allowed to enter or stay in Indonesia using a single-entry business visa or a multiple entry business visa, because this may lead to a rejection of the limited stay permit application. Once the limited stay visa is issued, the foreign worker can collect the limited stay visa in the Indonesian embassy abroad.

Investor ITAS

Under the new application system, all foreign workers and foreign investors are now required to obtain their ITAS at the immigration checkpoint at the airport, after they have landed in Indonesia. This new procedure does not apply for investors. They will still need to complete a biometric session and collect the investor ITAS at the local immigration office.

Local Registrations

After the investor arrives in Indonesia and has obtained his/her investor ITAS, there are two final local licences which need to be arranged, i.e. the police permit (STM) and the residence permit (SKTTS). For the application of these licences there is no attendance from the investor required and can thus be performed by the agent. Moreover, during the application for these licences, there are no travel restrictions for the investor. The investor is thus allowed to travel inside Indonesia, or to travel abroad during the application.
 
The article is good from a theoretical standpoint, explaining some discrepancies in regulations but lacks an explanation how it is in reality:

BKPM will issue a recommendation for Investor visa 313 or 314 with a right to work for director/commissioner having minimum 1 billion Rp of shares ("pemegamg saham dengan status bekerja"). With that recommendation, you will get VITAS 313 or 314, enter to Indonesia and convert to ITAS/KITAS.

The family reunion visa 317 does not mention a restriction if you are an investor in their requirements (http://imigrasi.go.id/index.php/layanan-publik/visa-tinggal-terbatas#persyaratan). So there should be no restrictions to bring your spouse or kids if you are shareholder+director.
 
The article is good from a theoretical standpoint, explaining some discrepancies in regulations but lacks an explanation how it is in reality:

BKPM will issue a recommendation for Investor visa 313 or 314 with a right to work for director/commissioner having minimum 1 billion Rp of shares ("pemegamg saham dengan status bekerja"). With that recommendation, you will get VITAS 313 or 314, enter to Indonesia and convert to ITAS/KITAS.

The family reunion visa 317 does not mention a restriction if you are an investor in their requirements (http://imigrasi.go.id/index.php/layanan-publik/visa-tinggal-terbatas#persyaratan). So there should be no restrictions to bring your spouse or kids if you are shareholder+director.

I am in the midst of this process now. BKPM produced my recommendation letter which allowed me to apply for the 314 investor visa. That telex is now waiting for me in Singapore. So far nothing has stopped me from getting the 317 visa for my children to stay in country with me. My dependents' 317 visas are in the "DECISION PHASE" now. My experience with this new online visa approval system is after you make the Rp 100.000 payment you get your visa. I will update the group if proven wrong.

The interesting thing is I was allowed to select 2 years for the duration of the 317 Visas, the same amount of time as my 314 investor visa.
 
Update: More than a month since I started the process RPTKA > Notifikasi > KITAP renewal, I am still at RPTKA. This is taking so long, and they keep asking for this document or that document, one at a time. And the most ridiculous document they asked is my IMTA more than 10 years ago when I worked for another company.
 
Interesting info. Did you get your RPTKA and Notification, as the whole process is online?
 
Interesting info. Did you get your RPTKA and Notification, as the whole process is online?

Not yet, RPTKA still being processed, by government staff who may be doing it "online" on my company's behalf if you understand what I mean. It could be the same with our import/export license when we applied online but it was impossible because they want to see you and demand hardcopies and other "things".
 
I do not understand how the government staff is doing on your behalf. The process is quite straightforward, although it has some paperwork. Looks like they are playing you around or the person who is working on your application does not what is he doing. Never heard about a request like that and this should be a red flag for you.
 
I do not understand how the government staff is doing on your behalf. The process is quite straightforward, although it has some paperwork. Looks like they are playing you around or the person who is working on your application does not what is he doing. Never heard about a request like that and this should be a red flag for you.

My agent, who has been my agent for more than 10 years, asked his long-time contact inside (the government staff) for help as he cannot keep up with all the changes in the regulations. It seems easier to process new applications than renewals, the longer you have been in Indonesia, the more complicated it is.
 
I checked your post from the beginning. If you have a valid KITAS and work permit you need to ask for a recommendation from BPKM for KITAP and then immigration will change your KITAS to KITAP based on that recommendation (under a condition that you have enough time in your KITAS). In the immigration database, your position should be changed from director to investor before converting to KITAP as well.
A lot of old-style agents (cash to orang dalam, working with template documents, forging documents) cannot get with the new online approach of work and regulations, they are still in the time of typewriters.
 
I checked your post from the beginning. If you have a valid KITAS and work permit you need to ask for a recommendation from BPKM for KITAP and then immigration will change your KITAS to KITAP based on that recommendation (under a condition that you have enough time in your KITAS). In the immigration database, your position should be changed from director to investor before converting to KITAP as well.
A lot of old-style agents (cash to orang dalam, working with template documents, forging documents) cannot get with the new online approach of work and regulations, they are still in the time of typewriters.

Thank you for your suggestions. I am already a KITAP holder, and I'm renewing it after almost 5 years. The same agent is doing it for me, once a year for IMTA, every 2 years for MERP, and KITAS yearly before I got my KITAP. Since I hear no one else doing the renewal like myself, perhaps I'm the first to face it (at least in this forum).
 
I do not know about the renewal of a KITAP but I faced no issues in getting a recommendation from BKPM since I met two requirements: shareholder of min Rp 1 Milyar as per Akte; filling the role of Director.

Went into the visaonline system at imigrasi.go.id, registered our company as a sponsor, input all the required documents and went to Singapore to pick up my investor visa. The one thing my local kantor imigrasi said though was since I was changing visa types, from 312 to 314, was that I had to leave the country and get the stay visa at an embassy outside of Indonesia and return.
 
The did not allow you to swap the KITAS 312 to 313/314 directly?
Not Kantor Imigrasi in Central Java. I have seen some documentation online (cannot remember the source) that backs that up. It also said that switching visa indexes necessitates an exit from Indonesia.
 
Update: I told my agent to forget about RPTKA and go straight for KITAP renewal as per suggestion of @centurion on post #4. I also told him the process need not go through Darmin Nasution as he informed me earlier (see post #1). Fed up with the slow process, I took charge and told him what to do instead, thanks to centurion and Expat Indo. I will update again when my KITAP is extended (for life, I believe).
 

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