South Jakarta offers flexible option for foreign workers awaiting work permit or conversion approval

23 Nov 16

INDONESIA

IMPACT – MEDIUM

What is the change? The South Jakarta Immigration Office is allowing three-month provisional temporary resident permits (KITAS) for certain foreign nationals awaiting work permit approvals.

What does the change mean? The provisional KITAS is available to foreign workers whose current KITAS is about to expire while awaiting a pending work permit and to foreign workers who entered Indonesia on a visitor visa and are awaiting the final stages of a conversion to a work permit.

  • Implementation time frame: Immediate.
  • Visas/permits affected: Work permits (IMTA) and KITAS permits.
  • Who is affected: Foreign nationals in South Jakarta with pending work permit approvals.
  • Business impact: The change will give foreign nationals some flexibility to remain in Indonesia while awaiting pending work permit conversions or applications. Previously, foreign nationals were required to leave the country if their KITAS or visitor visa expired during the pendency of their work permit application, or pay an overstay fee for every day overstayed.

Background: The procedure for employers who are applying for a provisional three-month KITAS requires them to file an application along with standard supporting documents and a letter of guarantee stating that the work permit is in process. The employer must also submit a letter of recommendation from the Ministry of Manpower or local Manpower office.

BAL Analysis: The new option provides some leniency to foreign work-permit applicants. However, the provisional three-month KITAS only allows foreign nationals to extend their stay in Indonesia; it does not authorize them to begin work. While the option officially applies to South Jakarta, the policy is expected to be adopted by other jurisdictions.

This alert has been provided by the BAL Global Practice group and our network provider located in Indonesia. For additional information, please contact your BAL attorney.

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