Stay permits for foreign citizens are divided into two categories i.e., Temporary Stay Permit (ITAS) and Permanent Stay Permit (ITAP), both of which give foreign citizens permission to stay in Indonesia for a certain period of time. In addition, as referred to in Article 52 and Article 58 of Law No. 6 of 2011 regarding Immigration (Immigration Law), there are significant differences between these two immigration documents. ITAS is a permit for foreign citizents to stay in Indonesia based on certain needs or reasons the validity period of the ITAS. If the validity period expires, the ITAS can be extended on a limited basis. Unlike ITAS, ITAP is a permit for foreign citizens to stay and settle permantently in Indonesia. ITAP is valid for 5 years, but can always be extended as long as the foreign citizen resides in Indonesia.

The Use of ITAS and ITAP

1. ITAS is divided into 2 (two) main categories:
   • Spouse ITAS
     Spouse ITAS is given to foreign citizens who are legally married to Indonesian citizens (WNI). The foreigner is only allowed to stay but not allowed to work in Indonesia. Article 52 letter e of the Immigration Law stipulates that this ITAS is valid for 1 year and can be extended.
   • Work ITAS
     Work ITAS can only be given to Foreign Workers (TKA) who are sponsored by a company resided in Indonesia. The period of the work agreement and the type of work given to the Foreign Workers affect the duration of their Work ITAS. One example, based on the provisions of the Minister of Manpower Regulation No. 8 of 2021 regarding Implementing Regulations for the Use of Foreign Workers, (Permenaker 8/2021), Foreign Workers who work as directors of a company in Indonesia are granted ITAS for a period of 1 year.
2. ITAP can be obtained through 2 (two) methods:
   • The submission of an ITAP application by a foreign citizen who already has an ITAS.A foreign citizen who wishes to transfer his status from an ITAS holder to an ITAP holder must first fulfill several conditions, as follows:
     • The foregin citizen has stayed in Indonesia for 3 (three) consecutive years; or
     • The foreign citizen has married to a WNI for at least 2 (two) years

• • The submission of an ITAP application by a foreign citizen who does not have an ITAS. This method can only be applied by foreign citizens with certain conditions:
    • Children who previously had dual citizenship;
    • Children of ITAP holders born in Indonesia;
    • Foreign citizens who were previously a WNI and settled in the territory of Indonesia.

Read More: Visa on Arrival (VoA) in Indonesia

ITAP Application Procedure

Foreign citizens can apply for ITAP online through the official website of the Directorate General of Immigration or directly visit the immigration office of which the working area covers the foreign citizen’s area of domicile in Indonesia. The following are the required documents that need to be prepared:

1. Passport that is valid for 6 (six) months or more;
2. Limited Stay Permit (ITAS);
3. Domicile Certificate issued by the Department of Population and Civil Registration within the area of ​​temporary domicile of the foreign citizen in Indonesia;
4. Integration Statement; and
5. Special requirements if required according to the intent and purpose of the presence of the foreign citizen in Indonesia (for example, Work ITAS holders need to attach a Permit to Employ Foreign Workers (IMTA); or a foreign citizen who is married to a WNI needs to attach a marriage certificate)

ITAS and ITAP are used as evidence that the foreign citizen has been allowed by the Government of Indonesia to settle in Indonesia. If a foreign citizen residing in Indonesia is proven not to have an ITAS/ITAP or to have an expired ITAS/ITAP, the foreign citizen may be given a sanction in the form of a fine of Rp. 1,000,000 (one million rupiah) per day up to even a santnion in the form of deportation.

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ET Consultant is a Business Consultant and Legal Consultant Expert that provides support for local and multinational clients to start and manage their business operations in Indonesia. ET Consultant specializes in Business Incorporation, Licensing & Legal, Accounting & Taxes, Immigration, and Advisory Services.

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