Foreign Entry to Indonesia Under The New Normal

The Minister of Law and Human Rights has updated the Visa and Stay Permit During the New Normal. This new regulation opens the way for qualified foreign nationals to enter Indonesia.  Previously the movement of foreigners coming from abroad was restricted for about seven months.

Reopening of Visa and Stay Permit Applications

Foreigners with a valid visa and/or stay permit may enter Indonesia after fulfilling the required health protocols regulated by the relevant health authority. Foreign nationals can once again apply for all types of visas and stay permits.

Visit Visa Free  and Visa on Arrival (Visa Kunjungan Saat Kedatangan or “VOA”), are still suspended until the pandemic is declared over by authorities.

Visa Applications by Foreigners Outside Indonesia

Specifically for Visit Visas, only applications for a single-entry visa are allowed at this time. As noted above, it appears that multiple-entry visas are not yet open for applications. The following are the permitted activities under a single-entry Visit Visa:

1. Performing emergency and urgent work;
2. Attending business meetings;
3. Conducting purchase of goods;
4. Performance of probationary work by a foreign worker;
5. Providing medical and food-related support; and
6. Catching a transportation connection located in Indonesian territory.

A Limited Stay Visa (Visa Tinggal Terbatas or “VITAS”) may be obtained for the following work and non-work activities to be performed in Indonesia.

Work activities:

1. Performing work;
2. Working on a vessel, rig, or installation operating in Indonesian waters;
3. Performing a quality check on goods or production;
4. Inspecting or auditing a branch office in Indonesia;
5. Providing after-sales service;
6. Installing and repairing machines;
7. Performing construction-related temporary work; and
8. Foreign job candidate performing probationary work.

Non-work activities:

1. Conducting foreign investment;
2. Family reunification; and
3. Visit by elderly foreign tourists.

Application Requirements

To obtain approval for a Visit Visa and VITAS (visa telex), the guarantor of the foreigner in Indonesia must submit an application through the relevant online system, attaching the following documents:

1. Health certificate containing a statement in English issued by the relevant authority in the foreigner’s country of origin that the foreigner is COVID-19 free;
2. Statement letter in English stating the foreigner’s willingness to quarantine and/or obtain medical treatment at their own expense if upon arrival in Indonesia they have a positive PCR test or show symptoms of COVID-19;
3. Statement letter affirming the foreigner’s willingness to be medically monitored during any quarantine period; and
4. Evidence of health/travel insurance participation that encompasses medical coverage, and/or a statement letter regarding the foreigner’s willingness and ability to pay for their own treatment if they become infected with COVID-19 during their stay in Indonesia.

The guarantor is also required to provide evidence showing possession of at least US$10,000 to cover the foreigner’s living costs in Indonesia.

Stay Permit Applications by Foreigners in Indonesia

Foreigners currently in Indonesia holding expired stay permits originating from a VOA, single-entry or multiple-entry Visit Visa, as well as an APEC Business Travel Card (ABTC), may apply for a stay permit extension at their local Immigration Office. The maximum stay permit extension is 30 days for each successful application.

Foreigners who hold an ITAS or ITAP that can no longer be extended can be granted a new stay permit after first obtaining a visa telex. This also applies to foreigners currently residing in Indonesia who hold any type of stay permit. However, for foreigners holding an ITAS, ITAP or Re-entry Permit (“IMK”) and who are dependent on an ITAP holder, if their stay permit is already expired and they are currently outside of Indonesia, they must apply for a new visa to enter Indonesia.

For further information please visit: https://www.imigrasi.go.id/

REGULATION NUMBER 26 OF 2020 ON VISA AND STAY PERMIT IN THE NEW NORMAL

UNOFFICIAL TRANSLATION

CHAPTER I GENERAL PROVISION

Article 1

In this Ministerial Regulation,

1. Visa of the Republic of Indonesia, hereinafter referred to as Visa means a written statement given by an authorized officer at Indonesia Missions Abroad or other places determined by the Government of the Republic of Indonesia containing an approval for a Foreign National to travel into the Indonesian Territory and a prerequisite for granting a Stay Permit.
2. Electronic Visa, hereinafter referred to as e-Visa means a Visa granted in an electronic form by an authorized officer, containing an approval for a Foreign National to travel into the Indonesian Territory and a prerequisite for granting a Stay Permit.
3. Foreign National means a person who is a non-Indonesian citizen.
4. Stay Permit means a permit granted to a Foreign National by an Immigration Officer or Indonesian Foreign Service officer to reside in the Indonesian Territory.
5. Sponsor means an individual or a Corporation responsible for the residency and activities of a Foreign National while residing in the Indonesian Territory.
6. Re-entry Permit means a written permit granted by an Immigration Officer to a Foreign National holding a temporary Stay Permit and a Permanent Stay Permit to re-enter the Indonesian Territory.
7. Minister means the minister administering government affairs in law and human rights.

Article 2

• Foreign nationals holding a legal and valid Visa and/or Stay Permit will be allowed to enter the Indonesian Territory through designated Immigration Border Controls after undergoing the health protocol procedure.
• The health protocol as referred to in section (1) is determined by the ministry or agency mitigating the Covid-19 outbreak.
• Visa and/or Stay Permit as referred to in section (1) consist of:

1. Official Visa;
2. Diplomatic Visa;
3. Visitor Visa;
4. Temporary Stay Visa;
5. Official Stay Permit;
6. Diplomatic Stay Permit;
7. Temporary Stay Permit; and
8. Permanent Stay Permit.

• In addition to foreign nationals holding Visa and/ or Stay Permit as referred to in section (1), crew member arriving by their transports, Asia-Pacific Economic Cooperation (APEC) Business Travel Card holder and Traditional Border Crossing pass/card holder will be allowed to enter Indonesia.
• Transport operators must ensure every passenger providing a valid declaration of Polymerase Chain Reaction (PCR) with a Covid-19 negative result.
• Designated Immigration Border Controls, as referred to in section (1), is determined by the Minister subject to the capability of local governments.

Article 3

• Minister temporarily suspends to grant a Visitor Visa exemption and Visa on Arrival until the Covid-19 pandemic is declared over by the ministry or agency mitigating the Covid-19 outbreak.
• The temporary suspension of Visitor Visa Exemption as referred to in section
• is imposed on foreign nationals entitled to Visa exemption facility as annexed in President Regulation Number 21 of 2016 on Visitor Visa Exemption.
• The temporary suspension of Visa on Arrival as referred to in section (1) is imposed to foreign nationals entitled to Visa on Arrival as annexed in Minister of Law and Human Rights Regulation Number 39 of 2015 on Ninth Amendment on Minister of Law and Human Rights Number M.HH- 01.GR.01.06 of 2010 on Visa on Arrival.
• The temporary suspension of Visitor Visa Exemption as referred to in section
• is not applicable for crew members arriving by their transports.
• Diplomatic Visa and Official Visa exemption are arranged by the minister administering government affairs in foreign affairs.

CHAPTER II – VISITOR VISA AND TEMPORARY STAY VISA

Article 4

Visitor Visa as referred to in Article 2 section (2) point c is a single-entry Visitor Visa for the following purposes:

1. an emergency and essential work;
2. a business meeting;
3. purchase of goods;
4. a probationary period for foreign workers;
5. a medical, food, and humanitarian aid worker; and
6. a crew member who joins the vessel in Indonesia.

Article 5

• Temporary Stay Visa as referred to in Article 2 section (2) point d is granted for:

1. work activity; and/or
2. non-work activity.

• Temporary Stay Visa for the work activity as referred to in section (1) point a is granted to a foreign worker:

1. as a professional or expert;
2. who joins to work on ships, on vessels, or installations operating in the Indonesian maritime zone, territorial sea, continental shelf, and Indonesian Exclusive Economic Zone;
3. whose job is quality control of goods or products;
4. who conducts workplace inspections and audit;
5. whose work with an aftersales service;
6. who installs and repairs machine;
7. with a non-permanent work in constructions;
8. with a probationary period for skilled works.

• Temporary Stay Visa for the non-work activity as referred to in section (1) point b is granted to a foreigner for:

1. a foreign investment;
2. a family reunion;
3. retirement travel.

Article 6

• Visitor Visa and Temporary Stay Visa as referred to in Article 4 and Article 5, in which such an application is made by a Sponsor to the Director General of Immigration in accordance with the provisions of laws and regulations.
• Visitor Visa and Temporary Stay Visa, as referred to in section (1) require a Visa Approval from the Director General of Immigration and a Sponsor.
• To obtain a Visa Approval from the Director-General of Immigration as referred to in section (2), a Sponsor must make an online application in accordance with the provisions of laws and regulations by completing:

1. a health certificate in English declaring a free from Covid-19 by a competent authority at their home country;
2. a declaration letter in English consented to do a mandatory self­isolation or undertake a medical treatment at an accommodation or a designated health facility by the Indonesian government at the traveler’s own expense when a PCR check upon arrival by the health authority at ports of entry results in a positive with the Covid-19 or with symptoms in accordance with the health protocol and provisions of law and regulations.
3. a consent letter to be monitored during the quarantine or self-isolation in accordance with the health protocol and provisions of law and regulations.
4. health insurance or travel insurance covering medical expenses, and/or a declaration letter of medical treatment at own expenses, if contracted with the Covid-19 during their stay in Indonesia.

• Visitor Visa applicant as referred to in Article 4, and in addition to requirements as referred to in Article 6 section (3), a Sponsor must demonstrate that they have sufficient funds of at least US$10,000 to support their living expenses during stay in Indonesia.
• Visitor Visa and Temporary Stay Visa, as referred to in section (1) can be issued electronically as e-Visa.
• A mandatory of having sufficient funds as referred to in section (4) is not applicable to a medical, food, and humanitarian aid worker, and crew member.

CHAPTER III – VISITOR STAY PERMIT, TEMPORARY STAY PERMIT, AND PERMANENT STAY PERMIT

Article 7

• Foreign nationals holding a Visitor Stay Permit who has been granted an Emergency Say Permit residing in Indonesia can apply for an extension of Stay Permit at immigration offices in accordance with the provisions of law and regulations.
• Visitor Stay Permit, as referred to in section (1) is eligible for holders of:

1. Visa on Arrival;
2. Single-entry Visitor Visa;
3. Multiple-entry Visitor Visa; and
4. APEC Business Travel Card.

• Visitor Stay Permit, as referred to in section (2), point a and point b, can be changed to a Temporary Stay Permit.
• The validity of the Visitor Stay Permit extension, as referred to in section (1), is granted not exceeding 30 (thirty) days.

Article 8

• Foreign nationals holding a Temporary Stay Permit or Permanent Stay Permit who has been granted an Emergency Stay Permit residing in Indonesia can apply for an extension subject to their substantive Temporary Stay Permit or Permanent Stay Permit.
• Extended Temporary Stay Permit as referred to in section (1) can be changed to a Permanent Stay Permit in accordance with the provisions of laws and regulations.
• Foreign nationals holding a Temporary Stay Permit or Permanent Stay Permit, which is not eligible for further extensions in accordance with the provisions of laws and regulations, can be granted a new Stay Permit after their Visa Approval is issued.

Article 9

• Foreign Nationals holding a Stay Permit residing in Indonesia can be granted a new Stay Permit after a Visa Approval is issued.
• Foreign nationals holding an expired Temporary Stay Permit, an expired Permanent Stay Permit, or an expired Re-Entry Permit of a Permanent Stay Permit while staying outside Indonesian territory must apply for a new visa to enter Indonesia.

Article 10

• Visa Approval, as referred to in Article 8 section (3) and Article 9 section (1), and is issued for:

1. Visitor Visa Approval; or
2. Temporary Stay Visa Approval.

• To obtain a Visa Approval from the Director General of Immigration as referred to in section (1), a Sponsor must make an application in accordance with the provisions of laws and regulations with the following procedures:

1. applying online; and
2. completing payment for Visa Approval and Visa.

• Visa Approval, as referred to in section (1), is sent electronically as e-Visa.

Article 11

• Visa Approval is also valid for a Visitor Stay Permit.
• Foreign nationals holding a Visa Approval for Temporary Stay Visa is granted a Temporary Stay Permit after making a report to local immigration offices.

Article 12

Foreign nationals holding an expired Visa Approval or expired Visa must make a new visa application in accordance with the provisions of laws and regulations.

CHAPTER IV – IMMIGRATION ADMINISTRATIVE ACTION

Article 13

Foreign nationals not complying with provisions as referred to in Article 8, Article 9, and Article 10 is liable for an Immigration Administration Action in accordance with the provisions of laws and regulations.

CHAPTER V – OTHER PROVISION

Article 14

In particular circumstances, the Minister has the authority to make an alternative
immigration policy on account of the public interest and national economic recovery.

CHAPTER VI- CLOSING PROVISIONS

Article 15

By the time this Ministerial Regulation comes into effect, the Regulation of Minister of Law and Human Rights Number 11 of 2020 on Temporary Travel Restrictions for Foreigners to Enter Indonesia is repealed and declared ineffective.

Article 16

This Ministerial Regulation comes into effect on the date of its promulgation.

In order that every person may know hereof, it is ordered to promulgate this Ministerial Regulation by its placement in the State Gazette of the Republic of Indonesia.

Enacted in Jakarta on 29 September 2020