30 Sep 2020
Deadline for Normalization of Immigration Status Extended from Sept. 20 to Oct. 5
The Immigration Service has further extended the deadline for the normalization of immigration status for foreigners who find themselves in Indonesia on Emergency Stay Permits (Izin Tinggal Keadaan Terpaksa / ITKT). The latest extension, from the original deadline of Sept 20 to Oct. 5 now, has been granted in recognition of the continuing obstacles people face in regularizing their status due to the disruption caused by Covid-19.
For holders of Temporary Stay Permits (Izin Tinggal Terbatas / “ITAS”) and Permanent Stay Permits (Izin Tinggal Tetap / “ITAP”), the new rules may be summarized as follows:
- If you are in Indonesia and you have an extendable ITAS / ITAP that is set to expire, it may be extended as normal at your local Immigration Service office.
- An ITAS / ITAP cannot be extended overseas. So, if you are not in Indonesia, you will need to return to Indonesia in order to extend an ITAS / ITAP that is set to expire. In this regard, ITAS / ITAP holders are exempt from the ongoing ban on foreigners entering Indonesia that was imposed on 2 April 2020 by Minister of Law and Human Rights Regulation No. 11 of 2020, although they still need to satisfy the prevailing health and quarantine requirements.
- If you are in Indonesia and your ITAS / ITAP has expired and is non-extendable, you may apply online at https://visa-online.imigrasi.go.id/ for a Visit Visa or a new ITAS / ITAP without having to leave Indonesia.
- If you are in Indonesia, your ITAS / ITAP has expired and is non-extendable, and you no longer plan to remain in Indonesia, then you must leave Indonesia by Oct. 5 at the latest. If you fail to do so, then you will be deemed to have overstayed and will be liable to immigration sanctions, including daily fines and, ultimately, detention and deportation.
- If you are currently overseas and your ITAS / ITAP expired recently, you will need to apply for an extension of your expired ITAS / ITAP. This must be done within Indonesia by not later than Dec. 31, 2020. However, because you will no longer officially be a resident of Indonesia following the expiry of your ITAS / ITAP, you will consequently no longer be exempt from the ban on foreigners entering Indonesia. In such a situation, there are two possible options:
- if eligible, you can apply to the Investment Coordinating Board (“BPKM”) for a “Recommendation for a Visit by Company Representative / Expert” (“BKPM Recommendation”). Such BKPM Recommendation can then be used as the basis for submitting a new application for a work permit and ITAS.
- if you are not eligible for a BKPM Recommendation, you can apply for a Visit Visa to enter Indonesia at an Indonesian embassy overseas and then subsequently have the Visit Visa converted into an ITAS / ITAP. Unfortunately, this “option” may not really be an option at all, except in extreme emergencies, as a Visit Visa will most likely be very difficult to obtain until such time as the Covid-19 crisis is over.
Should you have any queries on the above or require legal advice as to how you can best protect your interests during this time of uncertainty, please contact the persons below, call us on +6221-2505125 or email us at firstname.lastname@example.org.
Mr. Emir Nurmansyah (email@example.com)
Mr. Nafis Adwani (firstname.lastname@example.org)
Mr. Agus Ahadi Deradjat (email@example.com)
This edition of ABNR News and the contents hereof are intended solely to provide a general overview, for informational purposes, of selected recent developments in Indonesian law. They do not constitute legal advice and should not be relied upon as such. Accordingly, ABNR accepts no liability of any kind in respect of any statement, opinion, view, error, or omission that may be contained herein. In all circumstances, you are strongly advised to consult a licensed Indonesian legal practitioner before taking any action that could adversely affect your rights and obligations under Indonesian law.