“With fulfilling a requirement, including passing the minimum consecutive stay and residing in Indonesia for specific years, a foreigner could be eligible to obtain Permanent Stay Permit (KITAP/ITAP).”
Definition of Permanent Stay Permit (KITAP/ITAP)
Based on Article 1 point 19 of the Ministry of Law and Human Rights Regulation No. 29/2021 and Article 1 point 19 Government Regulation No. 48/2021, Permanent Stay Permit (KITAP/ITAP) is a permit granted to certain foreigners to reside and settle in the Indonesian Territory as Indonesian residents.
Based on Article 106 point 1 of Law Number 11/2020 which amended Article 1 point 23 of the Immigration Law, KITAP/ITAP is given to certain foreigners to live and settle in Indonesian territory as Indonesian residents.
Who is entitled to get a KITAP/ITAP
Based on Article 126 paragraph (1) and (2) of the Ministry of Law and Human Rights Regulation No. 29/2021 and Article 152 paragraph (3) and (4) Government Regulation No. 48/2021, KITAP/ITAP can be given to foreigners holding Limited Stay Permits (KITAS/ITAS) through a transfer of status or directly without going through a transfer of status to:
| No. | Through Switch Status | Directly Without Going Through a Transfer of Status |
| 1. | Clergy, Workers, and Investors; | Ex-subject Child with Dual Citizenship of the Republic of Indonesia Who Chooses Foreign Citizenship; |
| 2. | Elderly; | Children Born in Indonesia to Foreigners Holding KITAP/ITAP; and |
| 3. | Family Due to Mixed Marriage; | Indonesian Citizens Who Lose Their Indonesian Citizenship in the Indonesian Territory. |
| 4. | Husband, Wife, and/or Children of Foreign KITAP/ITAP Holders; | – |
| 5. | Foreigners Who are Former Indonesian Citizens and Ex-subject Children with Dual Citizenship of the Republic of Indonesia | – |
| 6, | For the Second Home |
Based on Article 60 paragraph (1) Law no. 6/2011 concerning Immigration and Article 106 point 6 of the Job Creation Law which amends Article 54 paragraph (1) letter a of the Immigration Law, a Permanent Stay Permit for Clergy, Workers, Investor, and an Elderly is granted after the applicant has lived for 3 (three) consecutive years and signed a Statement of Integration to the Government of the Republic of Indonesia. As for the second home ITAS/KITAS who want to apply for a KITAP are required to have a KITAS that they have already resided in Indonesia for above 10 (ten) straight years and have proof of stay in Indonesia, for example by showing a domicile letter and/or ownership property or rent agreement.
Based on Article 60 paragraph (2) Law No. 6/2011 concerning Immigration, to obtain a Permanent Stay Permit for Family Due to Mixed Marriage given after the age of marriage reaches 2 (two) years and signed the Declaration Integration with the Government of the Republic of Indonesia.
Based on Article 126 paragraph (4) of the Ministry of Law and Human Rights Regulation No. 29/2021 and Article 152 paragraph (4) Government Regulation No. 48/2021, Permanent Stay Permit for Foreigners who Ex-subject Child with Dual Citizenship of the Republic of Indonesia Who Chooses Foreign Citizenship, Children Born in Indonesia to Foreigners Holding KITAP/ITAP and, Indonesian Citizens Who Lose Their Indonesian Citizenship in the Indonesian Territory is granted directly without via status change.
Based on Article 199 and 200 of the Ministry of Law and Human Rights Regulation No. 29/2021 transfer status from KITAS/ITAS to KITAP/ITAS for investors:
| No. | As a Director or Commissioner | For non Director or Commissioner |
| 1. | Recommendation From the Relevant Government Investment Institution That Includes Participation Minimum Investment of IDR 1,000,000,000.00 (one billion rupiah) or equivalent in value US dollar currency. | Recommendation From the Relevant Government Investment Institution That Includes Participation Minimum Investment of IDR 10,000,000,000.00 (ten billion rupiah) or equivalent in value US dollar currency |
| 2. | KITAS/ITAS Indicating That the Person Concerned Has Stayed for More Than 3 (three) Consecutive Years. | KITAS/ITAS Indicating That the Person Concerned Has Stayed for More Than 3 (three) Consecutive Years. |
| 3. | Deed of Establishment of the Company Containing the Position of Person Foreign. |
Requirements for a KITAP for the Foreigner with Indonesian Spouse
A foreigner who is married to an Indonesian who previously had a KITAS/ITAS can change it to a KITAP/ITAP. The provisions for obtaining a KITAP/ITAP are not instantaneous when foreigners marry Indonesians and can then apply for a KITAP/ITAP, but their marriage age must reach 2 (two) years since the marriage was officially registered in Indonesia.
| No. | Remarks |
| 1. | Valid National Passport; |
| 2. | Latest Limited Stay Permit (KITAS/ITAS) |
| 3. | Residence Certificate (SKTT)/Certificate of Domicile; |
| 4. | Application Letter to change KITAS/ITAS to KITAP/ITAP; |
| 5. | Marriage Book / Marriage Certificate; |
| 6. | Spouse’s original ID card; |
| 7. | Spouse’s Taxpayer Identification Number (NPWP); |
| 8. | Family Card (KK). |
Based on Article 129 paragraph (3) of the Ministry of Law and Human Rights Regulation No. 29/2021, for former children with dual citizenship of the Republic of Indonesia who choosing to become a foreign citizen and residing in Indonesian Territory also attach:
| No. | Remarks |
| 1. | Application letter from Father or Mother Who is an Indonesian Citizen; |
| 2. | Fill in the Form for Submitting a Statement to Choose Foreign Citizenship in Accordance with the Provisions of Laws and Regulations; |
| 3. | Proof of Return of Passport (if any); |
| 4. | Proof of Return of Immigration Facility |
Based on Article 129 paragraph (4) of the Ministry of Law and Human Rights Regulation No. 29/2021, Apart from having to attach the requirements as referred to above, for children born in Indonesia to foreigners holding a Permanent Stay Permit also attach:
| No. | Remarks |
| 1. | Letter of Guarantee from Guarantor; |
| 2. | Birth Certificate; |
| 3. | Parents’ Marriage Certificate or Parents’ Marriage Book; |
| 4. | KITAP/ITAP from Parents and Still Valid; |
| 5. | Nationality Passport of Valid Father and/or Mother and Still Valid; |
| 6. | Birth Certificate Issued by Immigration Office. |
General Procedures
Based on Article 129 paragraph (1) of the Ministry of Law and Human Rights Regulation No. 29/2021, the granting of a KITAP/ITAS is carried out by the Head the appointed Immigration Office or Immigration Officer its working area includes the residence of the Foreigner concerned based on the application.
Based on Article 129 paragraph (1) of the Ministry of Law and Human Rights Regulation No. 29/2021 paragraph (2) An application for granting KITAP/ITAS is submitted by a Foreigner, Guarantor, or Person in Charge through the application by attaching:
| No. | Remarks |
| 1. | Letter of Guarantee from Guarantor; |
| 2. | Birth Certificate; |
| 3. | Parents’ Marriage Certificate or Parents’ Marriage Book; |
| 4. | KITAP/ITAP from Parents and Still Valid; |
| 5. | Nationality Passport of Valid Father and/or Mother and Still Valid; |
| 6. | Birth Certificate Issued by Immigration Office. |
In addition, Foreigners, Guarantor, or Person in Charge through an application to attach supporting documents such as:
| No. | Remarks |
| 1. | Limited Stay Permit (KITAS); |
| 2. | Letter of Guarantee from Guarantor; |
| 3. | Identity Card Guarantor or Person in Charge (KTP); |
| 4. | Checking Account of Guarantor, Person in Charge, or Foreigner. |
Based on Article 127 paragraph (1) of the Ministry of Law and Human Rights Regulation No. 29/2021, KITAP/ITAP granted for a period of 5 (five) years except for foreigners in this case husband, wife and/or children of foreigners holding permanent stay permits and children born in Indonesia to foreigners holding permanent stay permits, that will follow the validity of the main of KITAP holder.
Based on Article 84 BKPM Regulation No. 4/2021, recommendation to change the status KITAS/ITAS to KITAP/ITAP given to:
| No. | Subject Recommendation Change of KITAP/ITAP to KITAS/ITAS | Requirements |
| 1. | Foreigners as Shareholders Who Serve as Directors or Commissioners of the Company. | As a shareholder and serving as a director or commissioner of the company with the provision that share ownership is at least IDR 1,000,000,000.00 (one billion Rupiah) or the equivalent in United States dollars stated in the deed. |
| 2. | Foreigners as Shareholders Who Do Not Serve as Directors or Commissioners of the Company. | As a shareholder and not as a director or commissioner of a company with the provision that share ownership is at least IDR 10,000,000,000.00 (ten billion Rupiah) or the equivalent in United States dollars stated in the deed. |
Foreigners as shareholders who do not meet the requirements for share ownership as referred to in the table above are exempted. The application for a permit to use foreign workers is submitted in advance to the ministry that administers government affairs in the field of manpower as a basis:
a. Granting approval for changing the status of a visit stay permit to a limited stay permit or extension of a limited stay permit; and
b. Granting approval for changing the status of a limited stay permit to a permanent stay permit or extension of a permanent stay permit,
by the ministry in charge of government affairs in the field of law and human rights.
Author: R. Muhammad Ilham Wildatama Wardhana
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