INDONESIA – Changes to Work Immigration Rules Take Effect
On 1 November 2018, Regulation 10/2018 of the Ministry of Manpower (MOM) took effect. See our previous alert here.
What has changed?
The main implemented changes are presented below:
- The individual work permit (IMTA) is replaced by a Notification of the details of individual foreign workers, after which the foreign worker can start work. The Notification is issued after all immigration fees are paid (the DPKK fee and the VTT/ITAS/MERP/IT fee). The DPKK fee must be paid in US dollars within 24 hours of issuance.
- If the employer’s address is used for the Notification application, the Notification and the ITAS must later be amended with the foreign national’s home address in Indonesia.
- The validity of the RPTKA, previously a maximum of one year, is now based on the employment agreement between the employer and the foreign worker up to five years. However, the DPKK fee can only be paid for up to one year at a time. It is therefore likely that the Notification is also valid for up to one year at a time and must be renewed annually.
- There is some confusion as to the maximum validity time of the Limited Stay Permit (ITAS). Based on the Regulation of the Ministry of Law and Human Rights (MLHR) no. 16/2018, the maximum validity of ITAS is two years, but since the validity of the Notification is one year only, it seems likely that the ITAS can only be valid for one year at a time and can be extended annually.
- Previously, a limited stay visa could be collected at any of 133 Indonesian embassies or consulates. It is currently only possible to collect a limited stay visa at one of the following 22 missions: Bangkok, Beijing, Berlin, Davao City, the Hague, Dili, Guangzhou, Hong Kong, Jeddah, Johor Baru, Kota Kinabalu, Kuala Lumpur, Kuching, Los Angeles, Penang, Seoul, Singapore, Songkhla, Sydney, Taipei, Tawau, Tokyo.
- This limited list may result in a significant burden for foreign national applicants and their families. It is expected that more locations will be added to the list in the near future.
- If the foreign worker has a new passport but the Notification is registered with the old passport, then the Visa cannot be collected at the Indonesian Embassy. In this case, a new Notification must be submitted and the DPKK, VTT, ITAS, MERP and IT fees paid again. The original DPKK fee only might be refunded.
- The initial ITAS and MERP (Multiple Exit and Re-entry Permit) for the principal applicant can now be processed at only five immigration offices in Indonesia: Soekarno Hatta Airport, Jakarta; Juanda Airport, Surabaya; Ngurah Rai Airport, Bali; Kualanamu Airport, Medan; Batam Center Port, Batam.
- ITAS extensions and ITAS for dependent family members can be processed at any local immigration office.
- Note that the implementation of these changes is ongoing, and some aspects are not yet clear.
- Employers who may be affected are encouraged to contact their immigration specialist for specific advice.