Indonesia Loosens Immigration Restrictions Introduced in Response to Covid-19

Indonesia recently took a step toward reopening to international travelers, easing some of the immigration restrictions introduced to limit the spread and minimize the risk of Covid-19. As part of this cautious reopening, the Indonesian Directorate General of Immigration has issued new guidelines for the granting of visas, entry stamps and stay permits.

SSEK looks at some of the key provisions and changes under the new guidelines, issued through Circular Letter No. IMI-0241.GR.01.01 of 2022, dated February 3, 2022 (“CL 0241/2022”).

Amended Requirements on Offshore Visitor Visa Applications

CL 0241/2022 amends the prior guidelines to further regulate offshore Visitor Visa applications for tourism, journalistic purposes to cover the G20 presidency of Indonesia, and film production.

Both tourism and film production were already eligible for Visitor Visa applications since late 2021, pursuant to Minister of Law and Human Rights (“MOLHR”) Decree No. M.HH-02.GR.01.05, dated September 22, 2021, as amended by MOLHR Decree No. M.HH-03.01.05, dated October 13, 2021. However, the application requirements for a tourism or film production Visitor Visa were not specifically regulated prior to the issuance of CL 0241/2022.

Under CL 0241/2022, requirements for offshore Visitor Visa applications include:

  1. the guarantor for a Visitor Visa application must be a company or, for international tourists, a travel agency/bureau or hotel;
  2. applicants must submit:
    • proof of full Covid-19 vaccination, which means two shots to complete the primary series;
    • a statement letter of compliance with all health protocols in Indonesia;
    • proof of health/travel insurance and/or a statement letter on the willingness and ability of the applicant to cover all costs if affected by Covid-19 during their stay in Indonesia;
  3. submission of additional documents including:
    • for film production purposes, Location Permits for Film Production in Indonesia;
    • for journalistic purposes, a recommendation from the relevant institution, which can be, for example, the journalist’s employer or the institution in Indonesia that issued an invitation to the journalist.

Granting of Entry Permits for Offshore ITAP Holders

The new guidelines ease the entry of Permanent Stay Permit (Izin Tinggal Tetap or “ITAP”) holders by granting entry to foreign nationals holding an ITAP who have been offshore for more than one year. However, it is important to note that this particular provision may only apply if the ITAP still remains in effect upon the holder’s arrival in Indonesia.

Prior to CL 0241/2022, the ITAP of a foreign national who had been outside of Indonesia for more than a year would be terminated, pursuant to article 62 paragraph (1) of Law No. 6 of 2011 regarding Immigration, as amended by Law No. 11 of 2020 regarding Job Creation.

Renewal of Stay Permit and Overstay Fees

During the pandemic, any onshore holder of a Visitor Stay Permit (Izin Tinggal Kunjungan), Limited Stay Permit (Izin Tinggal Terbatas) or ITAP who was unable to return to their country, exit Indonesia, or extend and/or switch, based on the prevailing law, the type of their stay permit was able to apply for a new visa before the expiration of their stay permit. They would not be deemed an overstayer or charged overstay fines as long as they had submitted an application for a new visa.

CL 0241/2022 now stipulates an additional requirement to avoid overstay fines, which is that the applicant must also pay the applicable non-tax state revenue (Penerimaan Negara Bukan Pajak or “PNBP”) visa fees before the stay permit’s expiration.

Offshore stay permit or re-entry permit holders may only submit a permit renewal application through their guarantor/person responsible (penanggung jawab) to the authorized immigration office. With the approval of the Director General of Immigration, the application may be processed without the need for the applicant to provide biometrics.

CL 0241/2022 requires parties that obtain a renewed stay permit to report to the Immigration Office no later than 30 days after the date of their entry stamp.

Previous Guidelines

For clarity, CL 0241/2022 declares the previous guidelines issued through Circular Letter No. IMI-0196.GR.01.01 of 2021 to be revoked and inapplicable as of February 4, 2022. (14 February 2022)

For more information, please contact:

Stephen Igor Warokka, Partner
stephenwarokka@ssek.com

Kusuma Wijaja Halim, Associate
kusumahalim@ssek.com

The above material is intended for informational purposes only and does not constitute legal advice. Circumstances may change and this material may become outdated. SSEK is under no obligation to update or correct this material. Any reliance on the material contained herein is at the user’s own risk.

Source : ssek.com

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