Immigration has renewed its position on Indonesia Visa and Residence Permit for Foreign Workers by issuing a Regulation of the Ministry of Law and Human Rights (PERMENKUMHAM) No. 26 of 2020 replaces PERMENKUMHAM Number 11 of 2020.
PERMENKUMHAM 26/2020 comes into effect on October 1, 2020 and is updated previously enacted emergency measures relating to visas and residency license for foreign employees.
Here are the key summaries:
- Immigration has opened up more services for Indonesia Visa issuance. This is aimed at supporting the handling of the pandemic, supporting economic recovery and reunification of those outside Indonesia with family members who are in Indonesia.
- Moreover, all foreigners who enter Indonesia must have a sponsor in Indonesia, be it a company or an individual (family) sponsor. The Indonesian sponsor concerned must have sufficient funds to declare to Immigration, the amount of which was previously at least USD 1,500 but under current regulations, it has increased drastically to USD 10,000.
- To enter Indonesia, the relevant Visit Visa/Stay Permit (ITAS/ITAP) holders must now update the statement letter that they are willing to enter quarantine if a health check gives a positive result of COVID-19 or indications of COVID-19. They must also present one additional statement letter that they have adequate financial protection in the forms of insurance or funds if they are affected by COVID-19 whilst in Indonesia.
- There is a potentially significant change from the previous policy, particularly with respect to those outside Indonesia with expired Stay Permit (ITAS/ITAP). Under the new regulation, it is stated that those with expired stay permits must apply for a new visa. This is a departure from the previously issued guidance (which stated expired stay permit holders could still enter until end of the year), and could have a significant impact on how businesses should navigate their Indonesian foreign-employee planning and movement.
- This regulation does not impact on the regulations from the Ministry of Manpower and Capital Investment Coordinating Board (Badan Koordinasi Penanaman Modal/BKPM) in relation to the BKPM Support Letter requirement for new work permits and Visas.
Who can enter Indonesia?
- Foreigners who can enter Indonesia are those that have a valid Visit Visa or Stay Permit (ITAS/ITAP), with the condition that they can fulfil all other immigration requirements, health requirements and protocols established by the Indonesian Ministry of Health.
- In addition, transportation equipment crews who come to Indonesia using means of transportation, holders of APEC Business Travel Cards, and Traditional Border Crossers can enter Indonesian territory.
- Free Visas/Visa Exemptions continue being suspended by the Immigration except in the case of transportation equipment crews who arrive using means of transportation. Exceptions also given to Government Officials and Diplomatic passport holders, as the visa exemption for these passports are regulated by the Ministry of Foreign Affairs.
- Visas on Arrival continue being suspended by the Immigration department until the COVID-19 pandemic is declared over by the Ministry or Agency implementing COVID-19 management.
What to prepare before entering?
All Visit Visa and Stay Permit holders must bring their complete documents and present them to the Indonesian Immigration Office upon their arrival in Indonesia as follows:
- Health certificate containing a statement in English issued by the relevant authority in the foreigner’s country of origin that the foreigner is COVID-19 free;
- Statement letter in English stating the foreigner’s willingness to quarantine and/or obtain medical treatment at their own expense if upon arrival in Indonesia they have a positive PCR test or show symptoms of COVID-19;
- Statement letter affirming the foreigner’s willingness to be medically monitored during any quarantine period; and
- Evidence of health/travel insurance participation that encompasses medical coverage, and/or a statement letter regarding the foreigner’s willingness and ability to pay for their own treatment if they become infected with COVID-19 during their stay in Indonesia.
The guarantor is also required to provide evidence showing possession of at least US$10,000 to cover the foreigner’s living costs in Indonesia. This requirement is waived for medical and food-related workers, as well as transportation crew members. Medical/food aid and support personnel, and transportation crews are exempted from this requirement. This is different from the normal Immigration regulation whereby the applicant is required to attach a bank statement showing possession of at least US$ 1,500.
Indonesia Visa Applications by Foreigners who are Outside Indonesia Territory
Visit Visa categories that are allowed to enter are as follows:
- Government Official Visa
- Diplomatic Visa
- Single-Entry Visit Visa (211-B)
- Limited Stay Visa (312, 313, 314, 317, 319)
A Single-Entry Visit Visa (211-B) can be applied for certain activities, namely the following activities:
- Performing emergency and urgent work;
- Attending business meetings;
- Conducting purchase of goods;
- Performance of probationary work by a foreign worker;
- Providing medical and food-related support; and
- Catching a transportation connection located in Indonesian territory.
A Limited Stay Visa can be applied for working (312) and non-working activities. Non-working activities are namely the following activities:
- carrying out foreign investment (313, 314);
- family unification (317); and
- elderly foreign tourists (319).
Visa Permit Holders who are in Indonesia
Visit Permit (Visa on Arrival/VoA, Single-Entry, Multiple Entry, APEC Card) holders who are in Indonesia continue to be allowed to extend their presence in Indonesia by applying for a Visa extension or new Visa. Furthermore, it is stated that only Visas on Arrival and Single-Entry Business Visas can be converted into a Limited Stay Permit (ITAS).
Previously, under the Immigration announcement dated 18 September, for a Visa extension or new Visa application, a Visa holder must report to the Immigration office by 5 October 2020 at the latest. Additionally, Multiple Entry Visa and APEC card holders were also allowed to apply and convert their Visa into a Limited Stay Permit.
Stay Permit Holders
Stay Permit holders who are outside Indonesia
Stay Permit categories that are allowed to enter are as follows:
- Government Official Stay Permit
- Diplomatic Stay Permit
- Limited Stay Permit (ITAS)
- Permanent Stay Permit (ITAP)
Under the new regulation Article 9, Immigration states that Stay Permit (ITAS/ITAP) holders whose Stay Permits have expired and who are currently outside of Indonesia, must apply for a Visa to enter Indonesia.
In comparison to the previous Immigration policy, based on further confirmation with the immigration authority, the flexibility of expired Stay Permit (ITAS/ITAP) holders to enter Indonesia until the end of this year’s December is no longer applicable as a result of this provision.
Stay Permit holders who are in Indonesia
The Immigration authorities are continuing the possibility for Stay Permit (ITAS/ITAP) holders who were previously on Emergency Stay Permit extensions and who are in Indonesia, to apply for a new Visa without any timeline declared in the regulation.
Previously, under the Immigration announcement dated 18 September, Stay Permit (ITAS/ITAP) holders who are in Indonesia and have an expired Stay Permit could continue to stay in Indonesia by applying for a new Visa and reporting to the local Immigration Office by 5 October 2020 at the latest.
For the extension process, permit holders must meet all the requirements in accordance with the prevailing regulations, including having a sponsor to apply for the extension.
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