The phenomenon of the Bali KITAP

Bali KITAP

There is much to say and much being already said about the KITAP (Kartu Izin Tinggal Tetap), the permanent stay permit for foreigners living in Indonesia. It is relatively unknown, but mostly misunderstood and/or misinterpreted. This article tries to clear the air around this permit which after all hurdles are taken, is actually your license to enjoying remarkable Indonesia permanently.

The Indonesian immigration law No. 6 of 2011 rules the KITAP in a few paragraphs only, where it explains who (No. 54) and when you qualify (No.60), how long it IS valid (No. 59) and who is given the right to work  (No. 61). But how long does it take to get it, and what are the benefits and what does it cost? Over the years the questions and the answers regarding the KITAP have lead to a quite complete view of this phenomenon.

WHO qualifies for a KITAP?

• The expat (spouse) who is married to an Indonesian national.
• The investor or main shareholder of Indonesian companies (PT & PMA)
• The top-employees of a company – in general the directors & commissioners
• The retire (+55) who like to stay and get old in Indonesia
• The former Indonesian citizen, who wants to regain his old citizenship

WHEN do they qualify for the KITAP?

• The spouse as soon as the marriage has passed 2 years and after getting a KITAS first
• Investors, top employees and retirees after they obtain a KITAS for three consecutive years
• The former Indonesian qualifies immediately

HOW long is a KITAP valid?

• The period is 5 years and if the status of the expat doesn’t change, it will be automatically extended after those 5 years and one only need to apply again. NOTE: in the event the marriage has lasted 10 years, the KITAP continues for life, even when divorced after 10 years)

DO you have the right to work?

• Based on article No. 61 of the immigration law, only the spouse sponsored KITAP holder has the right to work and this is clearly stipulated. The law wants the expat to be able to earn a living for his family.

The expat can choose to work as a sole entrepreneur (…and avoid the hassle and dazzle of the IMTA (working permit) or decide to work for a company as an employee and obtain that IMTA. In such cases the company will become the sponsor of the IMTA only, while the Indonesian spouse will remain the sponsor of the KITAP.

WHAT about the expat director married to an Indonesian national?

• If this expat being appointed as a director of a company he automatically has the right to work and doesn’t need the article No.61
• The deed or articles of association, mentioning his position, is enough to get him a work permit
• NOTE: If one can choose between the company or the spouse as a sponsor of the KITAP, the spouse is preferred; in cases of employment issues you might lose the IMTA, but you keep the KITAP.

HOW do you get the KITAP

1. If you are eligible, by first gathering all required documents/attachments (see below). This is already causing a major hurdle since many documents appear not to be valid anymore or even not available yet. Many government institutions need to be visited to obtain the right documents.
2. The second step is the actual submission of the KITAP application and attachments with immigration and visit the 3 levels of immigration local (kanim), regional (kanwil) and national (dirjen) on the way.
3. The KITAP process demands a third step. One must obtain a local police registration (STM) and a ID card (SKTT) with the local city hall.

WHICH documents are needed?

Lot’s of em!! In general the following paperwork is needed:

• Valid passport
• KITAS card
• Current civil registration (STM m& SKTT)
• Marriage documents (certificate, books, registrations)
• ID of Indonesian spouse
• Family card of the spouse (KK – kartu keluarga)
• Letter of domicile (LOD)
• Request letter for change KITAS to KITAP
• Application form – NOTE: In the event there is no spouse sponsored KITAS yet, this is needed to be obtained first.

If the company acts as sponsor (for the director, commissioner or investor)

• Passport
• KITAS, IMTA, SKTT of last 3 years
• Deed and ministerial approval letter
• Tax ID
• Tax ID & KTP of Indonesian HR manager
• Business registration
• Business license
• Yearly report of employees (WLK)
• Companies foreign workers employment plan (RPTKA)
• Work permit (IMTA)

HOW long does it take?

If all the rqueird documents are submitted, only 8 to 12 weeks for a standard case. A standard case is a case where all required documents are available. It is actually an almost automatic and smooth process if all attachments needed are present.

WHAT are the benefits of the KITAP?

• A 5 year valid stay permit
• A 2 year valid travel permit (MERP)
• An Indonesian ID (KTP, 5 years valid)
• An Indonesian driver license (SIM, 5 years valid)
• Obtain bank accounts, credit cards and loans
• Get local prices when booking 4-5 star hotels

How much does it cost?

To give an indication for the whole KITAP process of a standard case:

1. 40.500.000 IDR based on a marriage, former citizenship or for a retire
2. 45.000.000 IDR based on a company sponsorship

These prices include all government dues and agency fees. For various formalities agencies carry all different prices. Depending on the availability of the documents needed, to be able to submit an application that will be approved, the price can be increased.