Visa Options for ex-WNI (Vitas, Kitas, Kitap)

jstar

Mr. 10,000
Joined
Jul 31, 2016
Messages
4,305
According to the latest Immigration fees on line, Kitas 1 year IDR 1,500 and Kitap 5 yrs IDR 5,000,000.

Don't forget the ongoing MERPs

(and SKTT/KTP OA)


which all will cost you.
 

Tinoz

Member
Joined
Sep 14, 2018
Messages
11
Hey all,

I figured out that there are many uncertainties and questions still floating around regarding the visa options for ex-WNI even though there were many threads written about it. So, I thought this is probably a good place to gather all the information in one place.I will start with some frequently asked questions (feel free to correct me if I get it wrong, add some more questions or answers, etc.)

1. What are the Visa options for ex-WNI hoping to return to Indonesia?
Based on UU no.6 2011 Pasal 52f and 54d. Any ex-WNI that can prove their prior citizenship (Akte Lahir, KK, or Passport) are allowed to obtain KITAP directly without having to fulfill the length requirement of the other type of KITAS (note: you still need to get a KITAS first before converting to KITAP)

2. What would be the first step to get a KITAS?
First of all, you need a valid visa (that can be converted to KITAS) to enter Indonesia, i.e. Vitas or Sosbud visa.
IMO, The best option would be Vitas obtained from abroad before entering Indo. That way you can convert it to KITAS without heading overseas. The visa category for you would be 'repatriation'. I won't go into the detail of what documents are needed, there is abundant information available online, or talk to your migration agent.

3. Do I need a sponsor?
Yes, it can be your parents, close relative (uncle/aunt) or Indonesian spouse. Note that their KTP address will determine which Kantor Imigrasi you need to apply it from.

4. What happen next when I get my KITAS?
In order to convert it to KITAP, apart from all the other documents, you need to get an SKTT. And for ex-WNI, getting a SKTT is quite a tricky matter because you need to first get a 'surat pelepasan kewarganegaraan' as a legal document showing you that you really have let go of your Indo citizenship. The prerequisite for getting this document is a statement letter from your local overseas consulate showing that you have surrendered your Indo passport.

See below for a full guide on how to get 'surat pelepasan kewarganegaraan'

Once you get an SKTT, then the process to convert to KITAP (alih status) will be 'quite straighforward', just follow the official procedures.

5. Can I work with this ex-WNI Visa?
I can't give you a legal opinion on this matter, but from what I gather around, UU no 6 2011 pasal 61 says that if you are a KITAS/KITAP holder from repatriation, you are allowed to 'melakukan pekerjaan dan/atau usaha untuk memenuhi kebutuhan hidup dan/atau keluarganya'. Now, interpreting this is the difficult matter. I think as a safe rule of thumb, if you want to work formally as a professional, you need to get your company to issue an IMTA. If you want to work informally (jualan bakso, ngajar les, etc.), then you don't need an IMTA. Anything in between, it is up to you to figure out.

6. Can you recommend any migration Agent that understand the process for ex-WNI?
I have only had experience with MSJ consulting ( https://kitas.id/ ), they are quite knowledgable and professional. But then again they are quite expensive (just like any other agent) so use them with your own discernment.

These are the only thing I can think of at the moment. Feel free to add stuff below that I missed
Hi,
I am in the middle of getting information regarding point no.5 Can I work with this ex WNI visa? My husband and I are looking for ways to generate income to provide for ourselves here.

The immigration officer who is processing my Kitap now did say that if I wanted to open a warung or other small businesses it would be ok. However, where does it say this in writing?

So UU no.6 2011 pasal 61 is open for interpretation?

The immigration asked me to check with Depnaker to get confirmed answer. I did, but then Depnaker told me to go to Kementrian Ketenagakerjaan as they stopped dealing with TKA in 2018

I went to the Kementrian Ketenagakerjaan RI today. The lady behind the counter who I may say doesn't know much about giving information other than directing me to their website to put application in for IMTA. She said that if my brother a WNI and my husband a WNA want to make a PT, it would fall under joint venture. I don't know where she got her info from:-( She then asked a guy who happened to stand next to me at the next locket if it was true that only PT could employ TKA. He said that was true. But when I asked why, both the lady and the guy couldn't give a definitive answer. She told me to go to Kementrian Perekonomian to check what a PT is allowed and not allowed to do.

Oh, she also said that even if I open a warung, I must have a work permit from them, but she added that she didn't know how I could get the permit and told me to check UMKM website and see if they have information for me. I was really confused, I asked her why and I said that normally warung and small takeaway shops are not badan hukum. She miraculously said "they are badan hukum". So I asked if small moms and pops shops, small rumah makan were also badan hukum like PT, she said "yes".
So I just left, no point spending more time speaking with her, as she obviously have no clue whatsoever.

I need some advice. Anyone knows more about what what ex-WNI can and can't do in terms of working?

Any advice would be greatly appreciated.
 

dannyboy

Active Member
Joined
Feb 22, 2019
Messages
38
Hi,
I am in the middle of getting information regarding point no.5 Can I work with this ex WNI visa? My husband and I are looking for ways to generate income to provide for ourselves here.

The immigration officer who is processing my Kitap now did say that if I wanted to open a warung or other small businesses it would be ok. However, where does it say this in writing?

So UU no.6 2011 pasal 61 is open for interpretation?

The immigration asked me to check with Depnaker to get confirmed answer. I did, but then Depnaker told me to go to Kementrian Ketenagakerjaan as they stopped dealing with TKA in 2018

I went to the Kementrian Ketenagakerjaan RI today. The lady behind the counter who I may say doesn't know much about giving information other than directing me to their website to put application in for IMTA. She said that if my brother a WNI and my husband a WNA want to make a PT, it would fall under joint venture. I don't know where she got her info from:-( She then asked a guy who happened to stand next to me at the next locket if it was true that only PT could employ TKA. He said that was true. But when I asked why, both the lady and the guy couldn't give a definitive answer. She told me to go to Kementrian Perekonomian to check what a PT is allowed and not allowed to do.

Oh, she also said that even if I open a warung, I must have a work permit from them, but she added that she didn't know how I could get the permit and told me to check UMKM website and see if they have information for me. I was really confused, I asked her why and I said that normally warung and small takeaway shops are not badan hukum. She miraculously said "they are badan hukum". So I asked if small moms and pops shops, small rumah makan were also badan hukum like PT, she said "yes".
So I just left, no point spending more time speaking with her, as she obviously have no clue whatsoever.

I need some advice. Anyone knows more about what what ex-WNI can and can't do in terms of working?

Any advice would be greatly appreciated.
Hi Tinoz,

Unfortunately I can't give you any advice regarding this. As you have experienced yourself, most of the people who are supposed to know what the law means have no clue what they are talking about. I've found lawyers the same in this case.

I think to sum up what I've heard so far:
1. You can get an IMTA as an ex-WNI or spouse sponsored kitap holder and work just like a TKA. The problem then is that you can only work specifically on the job that is listed on your IMTA, assuming that the company is eligible to get you one. Also, you are not really a TKA since your KITAP is not linked to your job.

2. Some argue that you might be able to work so long as the company is not 'badan hukum'. Now that is loosely defined in Indonesia. This might be helpful to know (if you can read bahasa)
https://www.kompasiana.com/pardosi/...usaha-berbadan-hukum-dan-tidak-berbadan-hukum
 

Tinoz

Member
Joined
Sep 14, 2018
Messages
11
Hi Tinoz,

Unfortunately I can't give you any advice regarding this. As you have experienced yourself, most of the people who are supposed to know what the law means have no clue what they are talking about. I've found lawyers the same in this case.

I think to sum up what I've heard so far:
1. You can get an IMTA as an ex-WNI or spouse sponsored kitap holder and work just like a TKA. The problem then is that you can only work specifically on the job that is listed on your IMTA, assuming that the company is eligible to get you one. Also, you are not really a TKA since your KITAP is not linked to your job.

2. Some argue that you might be able to work so long as the company is not 'badan hukum'. Now that is loosely defined in Indonesia. This might be helpful to know (if you can read bahasa)
https://www.kompasiana.com/pardosi/...usaha-berbadan-hukum-dan-tidak-berbadan-hukum
Hi dannyboy, thank you for the info.
"Some argue", who are they? It is frustrating not knowing for sure and to think that your fate is at the mercy of someone else :-(

I am meeting with an immigration agent tomorrow. Maybe he can give me some useful information. Fingers crossed. If he does, I'll definitely share it here.

Would anyone be able to tell me if me as an ex-WNI when getting my Kitap, will be considered a permanent resident? Is Kitap like permanent residency? Other than being able to stay here for 5 years, what else can you do?

In Australia a permanent resident has the same rights as a citizen, apart from being able to vote. Permanent residents are allowed to seek work wherever they wish and purchase a property :)

I was just wondering if there was a similar status to the Australian permanent residency in Indonesia, other than Kitap.

Is there an ex-WNI Kitap holder who is working now or owns a business here? Would really like to hear about your experiences.
 

jstar

Mr. 10,000
Joined
Jul 31, 2016
Messages
4,305
Is there an ex-WNI Kitap holder....
I think you focus too much on the ex-WNI aspect here. And yes, that is the closest you can get to permanent residency.

There are no different types of ITAPs which offer different perks to their holders. Indonesia doesn't have -as India- an Overseas Citizenship program which gives people a certain parity with non-resident nationals.

And it's one of the few countries where a residence permit can be/is disconnected from a work permit. So it's not the same as PR status in Singapore or a Green Card in the US or a EU residence permit.

But it allows you to have a KTP (which is already an advantage), longer period SIM, less/no extensions, ...
 

yantiharun1

Member
Joined
Feb 7, 2020
Messages
27
The path is always via KITAS.

So VITAS ➡ (K)ITAS ➡ (K)ITAP

But yes, you would qualify:

Pasal 54 (1) Undang-undang No 6. Tahun 2011 tentang Keimigrasian yaitu : Izin Tinggal Tetap dapat diberikan kepada (d) Orang Asing eks WNI dan eks subjek anak berkewarganegaraan ganda Republik Indonesia.

Peraturan Pemerintah Republik Indonesia Nomor 31 tahun 2013 Tentang Peraturan Pelaksanaan Undang-Undang Nomor 6 Tahun 2011 Tentang Keimigrasian. Pasal 152(1)
Izin Tinggal Tetap dapat diberikan kepada:
a. Orang Asing pemegang Izin Tinggal terbatas sebagai rohaniawan, pekerja, investor, dan lanjut usia;
b. Keluarga karena perkawinan campuran;
c. Suami, istri, dan/atau anak dari Orang Asing pemegang Izin Tinggal Tetap; dand.

And in Article 152 it is mentioned in paragraph 3 that you'd obtain a permanent residence permit (=ITAP) by a change in status.
Hello,
Thanks so much for your response Jstar, you've been very helpful!
Finally, I've received "Izin Tinggal Terbatas Electronic/Electronic Limited Stay Permit" for 12 months sent via email. Can you tell me if this is a Vitas or Kitas?
Now, can I immediately apply for 5yr. Kitap? I am an ex wni.

Thank you









IZIN TINGGAL TERBATAS ELEKTRONIK
ELECTRONIC LIMITED STAY PERMIT
 

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