How to Apply a Working KITAS for Foreign Worker (TKA)?

For the Company that wants to hire a foreigner as a worker is mandatory to arrange a work permit.

The Indonesian government has issued the Minister of Manpower (Kemennaker) Regulation No. 8/2021 which revised the Ministry of Manpower Regulation No. 10/2018 concerning the Use of Foreign Workers. This latest regulation stipulates that approval of the Plan for the Use of Foreign Workers (RPTKA) is now the basis for the authority to grant a Limited Stay Visa (VITAS). Once you receive your VITAS, immigration in Indonesia will issue a limited stay permit (KITAS).

What Permits are Needed if you Want to Employ Foreign Workers:

In accordance with Regulation No. 8/2021, RPTKA and Notification/IMTA are one of the important requirements to be able to employ foreign workers in Indonesia. RPTKA and Notification/IMTA are a document regarding the planning for the use of foreign workers which is legalized by the Ministry of Manpower and Transmigration and must be owned by a guarantee company that uses foreign workers in its business activities.

Submission Process Flow for Applying a Working KITAS?

In accordance with Regulation of the Minister of Law and Human Rights No. 16 of 2018 (“Regulation No. 16/2018”), the submission process flow for applying a Working KITAS are as listed below:

1. TKA guarantee companies apply for RPTKA on the tka-online.kemnaker.go.id website;
2. After obtaining the approval of the RPTKA, the company is required to pay a DKPTKA (Compensation Fund for the Use of Foreign Workers) of 100 USD per month as mentioned in Government Regulation No. 42 of 2018;
3. After that, the company will get telex approval. Meanwhile, telex approval is a letter that will be used by TKA to take care of the next process at the Indonesian Embassy that has been determined;
4. TKA visit the Indonesian Embassy, then TKA will get a stamp of approval from the Indonesian Embassy;
5. Currently, VITAS is automatically converted to KITAS upon arrival of TKA in Indonesia. The Immigration Officer on duty at the airport immigration checkpoint completes the issuance of the ITAS for the prospective TKA by providing an Entry Sign in the form of a sticker containing the TKA data as well as the ITAS and Re-Entry Permit as well as providing an electronic ITAS through a biometric data collection mechanism. If TKA enter Indonesia by seaport, TKA need to go to Immigration Office whose working areas include the TKA’s residence for collecting biometric data and convert VITAS to KITAS;
6. Electronic ITAS data is sent electronically through the Immigration Management Information System (SIMKIM) to TKA Employers, prospective TKA, Immigration Division, and immigration offices whose working areas include the TKA’s residence.

The application must be submitted within 30 (thirty) days after the Entry Sign is given as mentioned in Article 77 Regulation of Minister of Law and Human Rights No. 29 of 2021 (“Regulation No. 29/2021”).

How Long Does It Take to Apply for a Working KITAS?

In accordance with Article 97 Regulation No. 29/2021, after all the requirements are completed and photos have been taken, the Head of the Immigration Office or the appointed Immigration Officer within a maximum of 3 (three) working days will issue a limited Stay Permit Card.

In an implementation, Limited Stay Permit Card will have issued within 7 (seven) working days after all the requirements are completed and photos have been taken in Immigration.

If TKA takes the photo at the airport, Limited Stay Permit Card will have issued within 3 (three) days after the photos have been taken. In total, it takes 30 (thirty) days from the first step, which is the application of RPTKA, until the Limited Stay Permit Card is issued.

How Long is The Validity of The Working KITAS?

In accordance with Government Regulation (PP) concerning the Third Amendment to Government Regulation Number 31 of 2013 concerning Implementing Regulations of Law Number 6 of 2011 concerning Immigration, the validity period of ITAS is granted for a maximum period of 5 (five) years and can be extended provided that the overall Stay Permit is not more than 10 (ten) years, ITAS can also be given to foreigners to do work, for a maximum period of 90 (ninety) days and can be extended provided that the overall Stay Permit in the territory of Indonesia is not more than 180 (one hundred eighty) days. Limited Stay Permit for limited stay Visa holders upon arrival is granted for a maximum period of 18O (one hundred eighty) days and cannot be extended.

General requirements :

1. Fill out the Form;
2. Photocopy and original of valid and still valid nationality passport, and contain the last entry stamp/sign into Indonesia;
3. Photocopy and original of the old KITAS (for those who already have a KITAS);
4. Application Letter from Guarantor;
5. Letter of Guarantee from the Guarantor with a stamp duty;
6. KTP (E-KTP) guarantor;
7. Certificate of Residence/Domicile Letter of the foreigner;
8. Stamped Power of Attorney if the process is carried out through a Power of Attorney.

Conditional Requirements:

1. Recommendations for RPTKA that are still valid and TA. 01;
2. Company Establishment Deed and Company Approval Deed;
3. Permanent Business License;
4. Company Business License (SIUP);
5. Company Registration Certificate (TDP); and
6. Company NPWP.

Can the Working KITAS be Extended?

In accordance with Regulation No. 29/2021, a limited stay permit can be extended, except for a limited stay permit originating from a limited stay visa of 18O (one hundred eighty) days. The application for the extension of the Limited Stay Permit is submitted by the Guarantor/In charge by filling out the data application, attaching the requirements, the previous Limited Stay Permit Card, as well as a certificate of residence.

How to Extend a Working KITAS During a Pandemic?

Based on Circular Letter Director General of Immigration No: IMI-0103.GR.01.01 of 2021, for TKA whose KITAS expiration date is still outside the territory of Indonesia, they can apply for an extension of a limited stay permit without having to enter Indonesia. The application for an extension of a limited stay permit can be made by a foreign guarantor by visiting the immigration office. Within 30 (thirty) days after the foreign worker whose KITAS has been extended, the guarantor must report to the Immigration Office on his arrival.

What Positions are Prohibited from Being Occupied by Foreign Workers:

Decree of the Minister of Manpower of the Republic of Indonesia Number 349 of 2019 concerning Certain Positions Forbidden to Be Occupied by Foreign Workers. The prohibited positions include:

1. Director of Personnel;
2. Industrial Relations Manager;
3. Personnel Manager;
4. Personnel Development Supervisor;
5. Personnel Recruitment Supervisor;
6. Personnel Placement Supervisor;
7. Supervisor of Employee Career Development;
8. Personnel Administration;
9. Personnel and Career Development Expert;
10. Personnel Specialist;
11. Career Advisor;
12. Manpower Advisory;
13. Supervisor and Position Counseling;
14. Labor Intermediaries;
15. Administration of Employee Training;
16. Employee Interviewer;
17. Job Analysis;
18. Employee Safety Operators.

Author: Belle Risca Junia & Vania Aqilla Cahyaningrum

Have a question regarding Working Kitas for Foreign Workers (TKA)?

Let’s contact us on the following alternatives:

Hotline: (+62) 812 1111 8608 / (+62) 21 – 2294 1392

Email: info@ylpconsulting.com 

Our experienced Consultant will be happy to help you!