Indonesia Immigration has updated regulations concerning visas and stay permits. The full update is detailed below and the key aspects are as follows:
- Those wanting to apply for Investor KITAS must have more than 10 billion shares in the company (before only 1 bill)
- If an investor has less than 10 billion in shares, they can apply for working KITAS (would need to pay USD 1.200/ 12 months)
MINISTRY OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA
DIRECTORATE GENERAL OF IMMIGRATION
Dear. 1. Head of the Regional Office of the Ministry of Law and Human Rights and Head of the Immigration Division throughout Indonesia
2. Head of Immigration Offices throughout Indonesia
CIRCULAR LETTER NUMBER IMI-0315.GR.01.01 OF 2023
ABOUT
IMPLEMENTATION OF STAY PERMIT SERVICES
POST DETERMINATION OF THE MINISTER OF LAW AND HUMAN RIGHTS REGULATION
NUMBER 22 OF 2023 CONCERNING VISAS AND STAY PERMITS
1. Background
In order to implement the delegation of several articles in Government Regulation Number 40 of 2023 concerning the Fourth Amendment to Government Regulation Number 31 of 2013 concerning Implementing Regulations of Law Number 6 of 2011 concerning Immigration, Minister of Law and Human Rights Regulation Number 22 of 2023 concerning Visas has been promulgated. and Residence Permit on August 24 2023.
The implementation of this regulation has an impact on changes to visa and residence permit services, including problems with adjusting service systems and business processes due to the transition from Minister of Law and Human Rights Regulation Number 29 of 2021 concerning Visas and Residence Permits to Minister of Law and Human Rights Regulation Number 22 of 2023 regarding Visas and Residence Permits.
In this regard, in order to ensure the smooth implementation of Residence Permit services during the transition period, it is necessary to stipulate a Circular Letter from the Director General of Immigration as a guideline for implementing applications and providing residence permit services.
2. Aims and objectives
a. The purpose of this circular letter is to provide legal certainty in the implementation of Stay Permit services during the transition period from Regulation of the Minister of Law and Human Rights Number 29 of 2021 concerning Visas and Stay Permits to Regulation of the Minister of Law and Human Rights Number 22 of 2023 concerning Visas and Residence Permit; And
-2-
b. The purpose of this circular is as a guideline for those implementing the duties and functions of the Stay Permit service in providing services to the community.
3. Scope
The scope of this Circular Letter is to confirm the implementation of residence permit services on transition period from Regulation of the Minister of Law and Human Rights Number 29 of 2021 concerning Visas and Residence Permits to Regulation of the Minister of Law and Human Rights Number 22 of 2023 concerning Visas and Residence Permits.
4. Basic
a. Law Number 25 of 2009 concerning Public Services;
b. Law Number 6 of 2011 concerning Immigration as has been amended several times,
most recently by Law Number 6 of 2023 concerning the Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law;
c. Government Regulation Number 31 of 2013 concerning Implementing Regulations of Law Number 6 of 2011 concerning Immigration as amended several times, most recently with Government Regulation Number 40 of 2023 concerning Fourth Amendment to Government Regulation Number 31 of 2013 concerning Implementing Regulations of Law Number 6 of 2013 2011 concerning Immigration;
d. Government Regulation Number 28 of 2019 concerning Types and Tariffs for Non-Tax State Revenues Applicable to the Ministry of Law and Human Rights;
e. Presidential Regulation of the Republic of Indonesia Number 18 of 2023 concerning the Ministry of Law and Human Rights;
f. Regulation of the Minister of Law and Human Rights Number 44 of 2015 concerning Procedures for Checking Entry and Exit Indonesian Territory at Immigration Checkpoints;
g. Regulation of the Minister of Law and Human Rights Number 28 of 2018 concerning Immigration Stamps as amended several times, most recently with Regulation of the Minister of Law and Human Rights Number 20 of 2022 concerning the Second Amendment to Regulation of the Minister of Law and Human Rights Number 28 of 2018 concerning Immigration Stamps ;
h. Minister of Law and Human Rights Regulation Number 41 of 2021 concerning Organization and Work Procedures of the Ministry of Law and Human Rights;
i. Regulation of the Minister of Finance Number 9/PMK.02/2022 concerning Types and Rates of Non-Tax State Revenue Urgent Needs for Immigration Services Applicable to the Ministry of Law and Human Rights;
j. Minister of Law and Human Rights Regulation Number 22 of 2023 concerning Visas and Stay Permits; And
k. Minister of Finance Regulation Number 82 of 2023 concerning Types and Tariffs for Types of Non-Tax State Revenue Urgent Needs for Golden Visa Services Applicable to the Ministry of Law and Human Rights.
-3-
5. Contents of the Circular Letter
a. To all those implementing the duties and functions of the residence permit service (executing staff to
structural officials) to:
1) Providing excellent service to the community;
2) Not committing corruption, collusion and nepotism;
3) Carry out supervision in stages; And
4) Coordinate and socialize with stakeholders and immigration guarantors regarding
this Circular Letter.
b. To the Head of the Immigration Division to:
1) Carry out guidance, control, supervision and evaluation of the implementation of immigration policies regarding Stay Permit services during the transition period from Regulation of the Minister of Law and Human Rights Number 29 of 2021 concerning Visas and Stay Permits to Regulation of the Minister of Law and Human Rights Number 22 of 2023 regarding Visas and Residence Permits; And
2) Report the results of evaluation of policy implementation periodically every 30 (thirty) days to the Director General of Immigration.
c. To the Head of the Immigration Office to:
1) Instruct structural and implementing officials in charge of immigration residence permits to
accept applications for residence permit services through the Immigration Information Management System (SIMKIM) V2 residence permit application originating from visas issued from the Molina application as long as the residence permit service in question is not yet available in the Molina application ;
2) Receive applications for residence permit services in the context of: a) Foreign Investors (PMA) with:
(1) Carrying out extensions, transfer of status, reporting, changes, granting and other services for Limited Stay Permits or Permanent Stay Permits for foreign investors abroadGolden Visawhich have been issued or have submitted applications before this circular comes into force with the requirements in accordance with the Regulation of the Minister of Law and Human Rights Number 29 of 2021 concerning Visas and Stay Permits based on the share value as regulated in the Investment Coordinating Board Regulation Number 4 of 2021 concerning Guidelines and Procedures for Risk-Based Business Licensing Services and Capital Investment Facilities until the deadline of 31 December 2024;
(2) Carrying out extensions, transfer of status, reporting, changes, granting and other services related to Limited Stay Permits or Permanent Stay Permits for foreign investors abroadGolden Visaafter 31 December 2024 in accordance with Minister of Law and Human Rights Regulation Number 22 of 2023 concerning Visas and Stay Permits;
(3) Implementing the granting of new Limited Stay Permits and changing the status of Visit Stay Permits to Limited Stay Permits in the context of foreign investors outsideGolden Visain accordance with Minister of Law and Human Rights Regulation Number 22 of 2023 concerning Visas and Stay Permits
-4-
since this circular letter came into force;
(4) Carry out a change of position in the context of work if the provisions in number 2
do not meet the requirements for limiting the value of shares in accordance with the Regulation of the Minister of Law and Human Rights Number 22 of 2023 concerning Visas and Stay Permits;
(5) Limitation on Share Value for PMA based on Minister of Law and Human Rights Regulation Number 29 of 2021 concerning Visas and Stay Permits and Investment Coordinating Board Regulation Number 4 of 2021 concerning Guidelines and Procedures for Risk-Based Business Licensing Services and Investment Facilities:
Directors / Commissioners ITAS ≥ 1 billion rupiah ITAP ≥ 1 billion rupiah
Not holding office
≥ 1.125 billion rupiah
≥ 10 billion rupiah
(6) Limitation on the value of shares for PMA based on Minister of Law and Human Rights Regulation Number 22 of 2023 concerning Visas and Stay Permits:
Directors / Commissioners ITAS ≥ 10 billion rupiah ITAP ≥ 15 billion rupiah
Not holding office
≥ 10 billion rupiah ≥ 15 billion rupiah
(7) Accept special requirements for applications for Limited Stay Permits and Permanent Stay Permits for overseas foreign investorsGolden Visa based on the provisions on share value and documents which include:
a. Business Identification Number along with an attachment containing a list of business fields;
b. Deed of Incorporation;
c. Decree of the Minister of Law and Human Rights regarding ratification of the
establishment of a limited liability company legal entity; And d. Company statement for the last 2 (two) months.
b) Elderly foreign tourists with:
(1) Carrying out extensions, transfer of status, reporting, changes, granting and
other services related to Limited Stay Permits or Permanent Stay Permits for elderly foreign tourists with guarantors whose stay permits have been issued or applications have been submitted before this circular comes into force based on the requirements in accordance with the Regulation of the Minister of Law and Human Rights Number 27 of 2014 concerning Technical Procedures for Granting, Extension, Rejection, Cancellation and Expiration of Visit Stay Permits, Limited Stay Permits and Permanent Stay Permits as well as Exemptions from the Obligation to Have a Stay Permit or Regulations of the Minister of Law and Human Rights Human Number 22 of 2023 concerning Visas and Residence Permits while continuing the minimum age requirement of 55 years;
-5-
(2) Carry out the granting of new Limited Stay Permits and change the status of Visit Stay Permits to Limited Stay Permits for elderly foreign tourists with guarantors in accordance with the Regulation of the Minister of Law and Human Rights Number 22 of 2023 concerning Visas and Stay Permits since this circular came into force
(3) Requirements for elderly foreign tourists with Guarantor:
Permenkumham 27/2014
Permenkumham 22/2023
Condition | 1. Travel agency trade business license appointed by the ministry that handles government affairs in the tourism sector 2. Proof of the availability of funds to meet his living needs while in Indonesia from a pension fund institution or bank in his country of origin or in the territory of Indonesia 3. Proof of health insurance policy, death insurance 4. Proof of staying in the available accommodation facilities while in Indonesia, whether obtained by renting, rent-purchasing or purchasing 5. Proof of having employed informal workers who are Indonesian citizens as housemaids, drivers, security guards or gardeners | Proof of income or allowances worth US$ 3000/month or equivalent |
Age ≥ 55 years old
≥ 60 years old
c) Second House with:
(1) Carrying out extensions, transfer of status, reporting, changes, granting and other
services related to Limited Stay Permits or Permanent Stay Permits in the context of second homes for which a residence permit has been issued or an application has been submitted before this circular letter comes into force based on the requirements in accordance with the Regulation of the Minister of Law and Human Rights Number 29 of 2021 concerning Visas and Stay Permits or Regulation of the Minister of Law and Human Rights Number 22 of 2023 concerning Visas and Stay Permits;
(2) Carry out the granting of new Limited Stay Permits and change the status of Visit Stay Permits to Limited Stay Permits in the context of a second home in accordance with Minister of Law and Human Rights Regulation Number 22 of 2023 concerning Visas and Stay Permits since this circular came into force;
-6-
(3) Second House Requirements:
Permenkumham 29/2021 Minister of Law and Human Rights Regulation 22/2023
Condition | 1. Depositing funds in a State- Owned Bank in the name of a foreigner ≥ 2 billion rupiah; or 2. Purchase regulation invitation ATR/BPN property in accordance legislation in field | 1. Deposit funds in a State- Owned Bank in the name of a foreigner worth ≥ US$ 130,000 or equivalent; or 2. Buy a house flat/apartment worth ≥ US$ 1,000,000 or equivalent |
3) In the event that there are problems with the issuance of a Limited Stay Permit at the Immigration Checkpoint for Foreigners holding a Limited Stay Visa,:
a) settlement throughhelpdesk; or
b) re-process the issuance of a new Limited Stay Permit at the immigration office without
making another PNBP payment.
4) Carrying out identification in accordance with applicable laws and regulations or settlement
through the mediahelpdeskfor problems or errors in the products of residence permits,
visas and entry certificates that have been issued;
5) Do not require a Certificate of Domicile/Residence Certificate (SKTT) for all types of
services granting/extending/transferring status/change/duplicate/reporting in the immigration residence permit application and replacing it with a statement and guarantee/information or data submitted by Foreign Person, Guarantor or Responsible Person:
6) Granting a stay permit period for an application for an immigration stay permit, without the need to adjust it to the validity period of the applicant's Travel Document;
7) Applications for granting, transferring status and extending a residence permit must be made when foreigners are in Indonesian territory;
8) Receive requests for changes to Travel Document data for Foreigners holding Limited Stay Permits or Permanent Stay Permits located outside the territory of Indonesia submitted electronically/on lineby Foreigners, Guarantor or Person in Charge;
9) Receive applications for re-entry permits for Foreigners holding Permanent Stay Permits who are outside the territory of Indonesia submitted electronically/on line by Foreigners, Guarantor or Person in Charge;
10) Carry out the issuance of Limited Stay Permit and Permanent Stay Permit cards in a new format if all infrastructure is available and there are further instructions from the Directorate General of Immigration;
11) Implement the types and rates of immigration stay permit services in accordance with:
a) Government Regulation Number 28 of 2019 concerning Types and Tariffs for Non-Tax State Revenues Applicable to the Ministry of Law and Human Rights;
-7-
b) Regulation of the Minister of Finance Number 9/PMK.02/2022 concerning Types and Rates of Non-Tax State Revenue for Urgent Needs for Immigration Services that Applies to the Ministry of Law and Human Rights; And
c) Regulation of the Minister of Finance Number 82 of 2023 concerning Types and Tariffs for Types of Non-Tax State Revenue Urgent Needs for Services Golden VisaApplicable to the Ministry of Law and Human Rights; as listed attached.
6. Conclusion
a. At the time this Circular Letter comes into effect, the Director General of Immigration's
Circular Letter Number IMI-0076.GR.01.01 of 2023 concerning Immigration Policy Regarding Electronic Arrival Visit Visa Services (Electronic Visa on Arrival/E-Voa), Visitor Visa on Arrival (Visa on Arrival), and Visa Free Visits to Support Sustainable Tourism during the PandemicCorona Virus Disease2019 is revoked and declared invalid; And
b. This circular letter comes into effect on the date of stipulation.
Thus, this circular letter is intended to attract attention and be implemented properly and responsibly. Thank you for your attention and cooperation.
Set in Jakarta
on November 02, 2023
DIRECTOR GENERAL OF IMMIGRATION,
SILMY KARIM
Copy:
1. Minister of Law and Human Rights;
2. Deputy Minister of Law and Human Rights;
3. Plh. Secretary General of the Ministry of Law and Human Rights of the Republic of Indonesia; 4. Inspector General of the Ministry of Law and Human Rights of the Republic of Indonesia; And 5. Primary High Leadership within the Directorate General of Immigration.
