Understanding KITAS and KITAP for Foreign Workers in Indonesia: Requirements, Procedures, and Conversion of Stay Permit Status

Under Indonesia’s immigration regime, foreign nationals intending to reside and/or work in Indonesia are required to hold an appropriate stay permit corresponding to the purpose of their stay. Two commonly recognized types of stay permits are the Limited Stay Permit (Izin Tinggal Terbatas – “ITAS/KITAS”) and the Permanent Stay Permit (Izin Tinggal Tetap – “ITAP/KITAP”).

In general, KITAS or ITAS is a limited stay permit granted to foreign nationals to reside in Indonesia for a specified period, whereas KITAP or ITAP is a permanent stay permit granted to certain categories of foreign nationals to reside and settle in Indonesia as residents.

1. Limited Stay Permit (ITAS/KITAS)

An ITAS may be granted to several categories of foreign nationals, including:

1. foreign nationals entering Indonesia with a Limited Stay Visa;
2. children born in Indonesia whose father and/or mother holds an ITAS;
3. foreign nationals whose Visit Stay Permit has been converted into an ITAS;
4. captains, crew members, or foreign experts working on vessels, floating facilities, or certain installations;
5. foreign nationals legally married to Indonesian citizens; and
6. children of foreign nationals legally married to Indonesian citizens.

For Foreign Workers (Tenaga Kerja Asing – “TKA”) working as experts in Indonesia, an application for an ITAS is generally submitted by the foreign national or their guarantor to the Head of the relevant Immigration Office or a designated Immigration Officer having jurisdiction over the foreign national’s place of residence.

The required documents generally include:

• a letter of guarantee issued by the guarantor;
• a valid and unexpired national passport; and
• a recommendation from the relevant government agency and/or institution, as applicable to the purpose of the foreign national’s stay.

In principle, an ITAS application must be submitted no later than 30 days from the date on which the Entry Stamp is granted. If the application is submitted after such period, the foreign national may be subject to an immigration charge in accordance with the applicable laws and regulations. This requirement does not apply to foreign nationals who have already been granted an ITAS at an Immigration Checkpoint.

Once the required documents have been verified as complete and the applicant’s photograph has been taken, the Head of the Immigration Office or the designated Immigration Officer may issue the ITAS within a maximum period of 4 business days.

2. Simplification of ITAS Issuance for Foreign Workers

To simplify the process for issuing visas and stay permits to foreign workers, the Government issued Minister of Law and Human Rights Regulation No. 22 of 2023 on Visas and Stay Permits, as amended by Minister of Law and Human Rights Regulation No. 11 of 2024.

Under these regulations, an ITAS for a prospective foreign worker may be granted in the form of an Entry Stamp issued by an Immigration Officer at an Immigration Checkpoint or at another location designated to perform immigration inspection functions upon approval of the Director General of Immigration.

An ITAS may also be issued in the form of a virtual KITAS delivered electronically, as well as in the form of a physical card printed by a designated Immigration Officer.

In general, an ITAS may be granted for a maximum period of 5 years and may be extended, provided that the total period of stay does not exceed 10 years.

For certain categories of work, an ITAS may also be granted for a maximum period of 90 days and may be extended, provided that the total period of stay in Indonesia does not exceed 180 days.

3. Permanent Stay Permit (ITAP/KITAP)

Unlike an ITAS, which is limited in duration, an ITAP is granted to certain foreign nationals to reside and settle permanently in Indonesia as residents.

An ITAP may be granted through the conversion of status from an ITAS to an ITAP, including to:

1. foreign nationals holding an ITAS as religious workers;
2. workers;
3. investors;
4. Second Home stay permit holders;
5. family members in mixed-nationality marriages;
6. the spouse and/or children of a foreign national holding an ITAP; and
7. former Indonesian citizens and former subjects of dual Indonesian citizenship.

In certain circumstances, an ITAP may also be granted directly without conversion of stay permit status, including to former subjects of dual Indonesian citizenship who elect foreign citizenship, children born in Indonesia to foreign nationals holding an ITAP, and Indonesian citizens who lose their Indonesian citizenship while residing in Indonesia.

4. Requirements for an ITAP Application

An ITAP application is submitted by the foreign national or their guarantor to the Head of the Immigration Office or a designated Immigration Officer having jurisdiction over the foreign national’s place of residence.

The required documents generally include:

• a valid and unexpired national passport;
• proof of guarantee from the guarantor or an immigration guarantee;
• a statement of integration; and
• other documents evidencing the purpose, intention, or status of the foreign national.

Once the application has been verified as complete and the applicant’s photograph has been taken, the ITAP may be issued within a maximum period of 4 business days.

An ITAP is granted for a period of 5 years and may subsequently be extended for an indefinite period, provided that the stay permit has not been revoked.

5. Can a Foreign Worker Holding a KITAS Obtain a KITAP?

In principle, yes.

A foreign national holding an ITAS as a worker, religious worker, investor, or Second Home stay permit holder may obtain an ITAP through the conversion of stay permit status, subject to compliance with the requirements prescribed under the applicable immigration laws and regulations.

One of the key requirements is that the foreign national must have continuously resided in Indonesia for at least 3 consecutive years from the date on which the ITAS was granted.

Accordingly, the applicable provisions do not require a foreign worker to have held a KITAS for 5 years before becoming eligible to apply for a KITAP. For a foreign worker falling within an eligible category and satisfying the applicable conversion requirements, the relevant requirement is continuous residence in Indonesia for at least 3 consecutive years from the date the ITAS was granted, together with compliance with the applicable administrative and immigration requirements.

The foreign national must also execute a statement of integration with the Government of the Republic of Indonesia.

6. Documents Required for Conversion from ITAS to ITAP

An application for conversion from an ITAS to an ITAP may be submitted by the foreign national, guarantor, or responsible party through the relevant application system to the Head of the Immigration Office or a designated Immigration Officer.

In principle, the supporting documents include:

1. a valid and unexpired national passport;
2. a statement of integration, except for an unmarried child under 18 years of age;
3. the foreign national’s existing ITAS;
4. proof of guarantee, where the foreign national has a guarantor;
5. the Identity Card (Kartu Tanda Penduduk – “KTP”) and/or Family Card (Kartu Keluarga – “KK”) of the guarantor or responsible party, where applicable; and
6. the ITAP of the relevant family member where the application is based on family reunification with a spouse, father, mother, or child holding an ITAP.

In addition to the above documents, the Immigration Authority may also consider the completeness and renewal of commitments relating to the underlying basis upon which the stay permit was originally granted, including:

• evidence of the company’s legal standing;
• evidence of valid employment-related licenses or approvals;
• amendments to the company’s deed;
• the latest financial statements;
• the company’s latest tax compliance documents;
• evidence of the applicant’s latest income or bank account;
• the latest shareholding information; and/or
• other documents substantiating the purpose and basis of the foreign national’s stay in Indonesia.

7. Fulfilment of Commitments as a Material Requirement for Conversion

It is important to note that an ITAS cannot be converted into an ITAP if the commitments required at the time of the previous issuance of the ITAS have not been fulfilled.

Accordingly, satisfying the 3-year residence requirement does not automatically entitle an ITAS holder to obtain an ITAP.

The applicant must continue to satisfy all substantive and administrative requirements applicable to their respective stay permit category, including demonstrating the legality of the guarantor, employment, business activity, investment, or other underlying basis for their stay in Indonesia.

8. Conclusion

Based on the applicable immigration provisions, a foreign worker holding a KITAS/ITAS as a worker may, in principle, apply for conversion to a KITAP/ITAP after having continuously resided in Indonesia for at least 3 consecutive years from the date the ITAS was granted.

Accordingly, the following conclusions may be drawn:

1. KITAS/ITAS constitutes a Limited Stay Permit, whereas KITAP/ITAP constitutes a Permanent Stay Permit.
2. An ITAS may generally be granted for a maximum period of 5 years, subject to extension in accordance with the applicable laws and regulations.
3. An ITAP is initially granted for 5 years and may thereafter be extended for an indefinite period, provided that it has not been revoked.
4. A foreign national holding an ITAS as a worker falls within the category of foreign nationals who may obtain an ITAP through conversion of stay permit status.
5. For the conversion of an ITAS into an ITAP for a foreign worker, the relevant residence requirement is continuous residence in Indonesia for at least 3 consecutive years from the date the ITAS was granted, rather than a requirement to hold a KITAS for 5 years.
6. The applicant must comply with the applicable administrative requirements, fulfil all relevant commitments, demonstrate the legality of the underlying employment or activity, and execute a statement of integration.
7. Satisfaction of the 3-year residence requirement does not result in the automatic granting of a KITAP, as the application remains subject to examination and approval by the competent Immigration Authority.

Legal Basis

1. Law No. 6 of 2011 on Immigration;
2. Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation, as enacted into law by Law No. 6 of 2023;
3. Government Regulation No. 31 of 2013 on the Implementing Regulation of Law No. 6 of 2011 on Immigration, as amended several times, most recently by Government Regulation No. 40 of 2023;
4. Minister of Law and Human Rights Regulation No. 22 of 2023 on Visas and Stay Permits; and
5. Minister of Law and Human Rights Regulation No. 11 of 2024 on the Amendment to Minister of Law and Human Rights Regulation No. 22 of 2023 on Visas and Stay Permits.