Obtaining a Permanent Stay Permit (KITAP) in Indonesia

KITAP is a permit granted to certain foreigners to reside and settle in the Indonesian Territory as Indonesian residents. KITAP can be granted through a status transfer or without a status transfer, KITAP is valid for five years and can be extended. The terms and conditions for obtaining it are regulated in the regulation of the Ministry of Law and Human Rights.

General Definition of KITAP in Indonesia

In an attempt to invite more investors to come and invest in Indonesia, the government has initiated a simplification of immigration procedures for foreign investors who will invest in Indonesia, including facilitating the issuance of Permanent Stay Permits for investors that meet the requirements. Before we discuss the requirements needed to apply for a Permanent Stay Permit (ITAP/KITAP), it is important to first understand what a permanent stay permit is. Based on Article 1 Point 19 of the Regulation of the Minister of Law and Human Rights Number 29 of 2021 (“MoLHR 29/2021”) concerning Visas and Stay Permits, a permanent residence permit is explained as a permit granted to certain foreigners to live and settle in the Indonesian Territory as Indonesian Residents. There are 2 ways that can be done in terms of granting a permanent residence permit, through a transfer of status from a limited stay permit (ITAS) and the second under certain conditions where a permanent residence permit is immediately granted, however it should be noted that for investors, a permanent residence permit must be obtained through a change of status from a limited stay permit.

Foreigners who Eligible to Obtain a KITAP

It is important to remember that in the explanation ITAP will be given to “certain” foreigners.  This means that not every foreigner can obtain an ITAP. Provisions for foreigners that can be given ITAP are divided into 2 (two) ways, through a status transfer, and without status transfer. Provisions for foreigners to obtain ITAP through status change from limited stay permits (ITAS) as:

1. clergy;
2. workers;
3. investors;
4. in the framework of the second house;
5. family due to mixed marriage;
6. husband, wife, and/or children of foreigners holding permanent residence permits;
7. Foreigners who are former Indonesian citizens; and
8. Foreign nationals are ex-subject children with dual citizenship of the Republic of Indonesia.

Based on Article 210 of MoLHR 29/2021, a clergy, workers, and investor with ITAS holder can submit an application for transfer status to ITAP holder after the foreigners has lived in Indonesia for minimum 3 (three) years successively since obtained an ITAS. Furthermore, any foreigners in the framework of the second house can submit an application for ITAP holder after stay in Indonesia for minimum 10 (ten) years successively since obtained their ITAS.

Meanwhile, by Article 126 paragraph (4), foreigners can obtain ITAP given directly without going through a transfer of status for:

1. An ex-subject child with dual Indonesian citizenship who chooses foreign citizenship
2. Born children in Indonesia to foreign parents that permanent residence permits
3. Indonesian citizens who have lost Indonesian citizenship in the Indonesian Territory.

KITAP Family Due to Mixed Marriage

However, there are specific requirements for transfer status of ITAS holder to ITAP holder with families in Indonesia or ITAS Spouse holder which is:

a. KITAS holder as the dependent of the family due to mixed marriage (if the wife/husband is an Indonesia citizen), are allowed to submit an application of transfer status to ITAP holder after the marriage has been minimum for 2 (two) years; and

b. KITAS holder if the husband, wife, and/or children of foreigners are the holder of ITAP permit, are allowed to submit an application of transfer status since the foreigners are obtained their KITAS (there is no minimum stay in Indonesia).

Therefore, it can be concluded that ITAS holder which willing to transfer status as ITAP holder with families in Indonesia have no minimum stay in Indonesia or if their marriage with an Indonesian citizen has been 2 (two) years.

General Requirements in submitting KITAP

In order to obtain a permanent residence permit, in addition to fulfilling the criteria described above, there are several conditions and documents that need to be submitted to obtain the permit. An application for a transfer of ITAS status to an ITAP must be submitted by a foreigner, guarantor or person in charge to the Head of the Immigration Office or an appointed Immigration Officer with a working area which also includes the residence of the foreigner. The ITAP application must be submitted through an application by attaching the following:

1. A valid national passport
2. residence certificate
3. Declaration of integration except for children under 18 (eighteen) years of age and unmarried
4. The foreigner’s limited stay permit
5. letter of guarantee from the guarantor or proof of deposit of immigration guarantee
6. identity card and family card of the guarantor or responsible person
7. Permanent Stay Permit in terms that the guarantor or responsible person is a foreign national.

Permanent Stay Permit Validity Period

Once issued, ITAP is valid for 5 (five) years with 2 (two) years of multiple entries permit, except for the dependent that will follow the main KITAP holder validity and can be extended indefinitely as long as the license is not cancelled.

For an ITAP extension, the foreign national must report to the Immigration Office every 5 (five) years, an application for an ITAP extension can be submitted no earlier than 3 (three) months and no later than one month the working day before the ITAP period ends. Even though ITAP can be extended for an unspecified time, it does not rule out the possibility that the validity period of ITAP can end with certain conditions. Provisions that can end the validity period of ITAP if:

1. leaving Indonesian Territory for more than 1 (one) year or not intending to re-enter Indonesian Territory
2. do not extend the period of Permanent Stay Permit after 5 (five) years
3. obtain citizenship of the Republic of Indonesia
4. the permit is canceled by the Head of the Immigration Office or the appointed Immigration Officer
5. subject to deportation action
6. passed away

If one of the above conditions occurs, the validity period of the residence permit still ends. In addition, there are also provisions that will result in the revocation of the permanent residence permit, if the holder:

1. Proven guilty of committing a crime against the state as stipulated in the applicable laws;
2. Perform acts that endanger the state security;
3. violating the integration statement;
4. employ foreigners without a work permit;
5. providing false information in submitting an application for a permanent residency permit;
6. the foreigner is subject to immigration administrative action;
7. terminate the marriage relationship of a foreigner who is legally married to an Indonesian citizen, due to divorce and/or based on a court decision, except for marriages that are 10 (ten) years and over.

Specific Recommendation Requirement for KITAS Investor

According to Article 199 and Article 200 of MoLHR 29/2021, the transfer status from holder of KITAS Investor to KITAP Investor has specific requirements, which consists of:

1. For Investor with the position as Director or Commissioner in the Company are required to enclose:

a. Recommendation from Investment Coordinating Board or Badan Koordinasi Penanaman Modal (“BKPM”) which includes investment participation of at least IDR 1 billion or the equivalent in US Dollar currency;

b. KITAS Investor as the evidence that the Investor has lived in Indonesia for 3 (three) years consecutively; and

c. Deed of Establishment which includes the position of the Investor.

2. For Investor which did not have a position in the company are required to enclose:

a. Recommendation from BKPM which includes investment participation of at least IDR 10 billion or the equivalent in US Dollar currency; and

b. KITAS Investor which shown that the Investor has lived in Indonesia for 3 (three) years consecutively.

The recommendations requirements are elaborated more in BKPM Regulation No. 4 of 2021 concerning Guidelines and Procedures for Services Risk-Based Business Licensing and Capital Investment Facilities (“BKPM Regulation No. 4/2021”) in Article 84. These recommendations can be submitted online to BKPM via the e-mail address (rekomaltus@bkpm.go.id) and if approved, the recommendations will be published no later than 3 (three) days after the application has been received and is complete.

Hence, any Investor whom willing to transfer status from ITAS holder to ITAP holder are required to obtain the recommendation from BKPM first before submitting the application of transfer status.

Author: Naomi Catherine Felencia

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