Corporate Immigration – Indonesia: Permanent Stay Permit

Notable changes to the permanent stay permit (izin tinggal tetap or ITAP) under Government Regulation No. 40 of 2023 (GR 40/2023), which amends Government Regulation No. 31 of 2013 regarding the Implementing Regulation of the Immigration Law (GR 31/2013), and Minster of Law and Human Rights Regulation No. 22 of 2023 regarding Visa and Stay Permit (MOLHR Reg 22/2023) are summarised below.

Eligible activities for ITAP and ITAP card

An ITAP can be granted to a limited stay permit (izin tinggal terbatas or ITAS) holder for several activities, with MOLHR Reg 22/2023 providing additional elaboration regarding the previously stipulated activities eligible for the purpose of granting an ITAP. For instance, MOLHR Reg 22/2023 now includes detailed scenarios of family unification and repatriation reasons that are eligible for an ITAP.

Detailed rules on the form of ITAP

Prior to MOLHR Reg 22/2023, the regulation stipulated that an ITAP should take the form of a card and passport stamp. MOLHR Reg 22/2023 now provides more detailed rules, with an ITAP granted in the form of a virtual and physically printed card. The virtual ITAP card will be sent electronically after the issuance of the ITAP is approved by the Directorate General of Immigration (DGI), the head of the immigration office or an appointed immigration official.

Reporting of ITAP

MOLHR Reg 22/2023 requires unlimited ITAP holders to report every five years to the head of the immigration office whose working area includes the residence of the relevant foreigner. This reporting must be done no earlier than three months and no later than the working day before the reporting date for the ITAP ends. The reporting of the ITAP is done by submitting a valid passport and the permanent stay permit.

The immigration office also considers whether all the requirements have been completed and the submission of a commitments renewal when deciding whether to grant the ITAS or ITAP. The result of the report will be notified electronically. If the submission is declared incomplete, the relevant foreigner, sponsor or person in charge will be notified by an immigration official.

Excerpted from Lexology In-Depth: Corporate Immigration 2024, published by Law Business Research.

Find the Indonesia chapter of Lexology In-Depth: Corporate Immigration 2024 here.

Further reading:

Indonesia Corporate Immigration – What to Know About VITAS and ITAS

Indonesia Looks to Attract Investment, Skilled Workers with Changes to Immigration Provisions

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