Options To Work On A Spouse Sponsored Kitas

Discussion in 'Employment Law' started by Expat2018, Dec 6, 2018 at 6:27 PM.

  1. Expat2018

    Expat2018 New Member

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    Options to work on a spouse sponsored KITAS

    Hi all,

    I'm new to this and I have just got a spouse sponsored kitas (Izin Tinggal Terbatas).

    I really want to be closer to my family and looking for information in regards to working legally here in Indonesia.

    Any advice / knowledge is greatly appreciated.

    Regards,

    Jordy.

    Question 1:
    Can I work legally in Indonesia on a spouse sponsored visa or do I need additional permits?

    Question 2:
    To work for an Indonesia company would they have to sponsor me separately to my wife or is there other options like working as a consultant?

    Question 3:
    As a consultant can I only work for a family business or can I apply for any position/company in Indonesia?

    Question 4:
    What is the application process to work as a consultant and where can I apply?
     
  2. Bad_azz

    Bad_azz Well-Known Member Charter Member Cager

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    Q1- Yes, no
    Q2 freelance
    Q3 freelance
    Q4 freelance
     
  3. centurion

    centurion Member

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    Q1 : yes, yes
    Q2: yes, you will get a work permit sponsored by the company, but stay permit stays on spouse. A work permit is required even as a consultant or short-term assignment
    Q3: yes, with a work permit, yes, but only for positions expert or manager and above that.
    Q4: regular work permit process, you have to have a company that is engaging you.

    As is it seems for now, for any work required by a foreigner is required a work permit (a.k.a. RTKA/Notifikasi)

    I have been on the socialization organized by PeCa (Perkawinan Campuran organization), Imigrasi (represented by Ade Satria)and Manpower(represented by Haryanto). PerCa representatives mentioned same questions that we ask here, that TKA should not apply to spouses and ex Indonesians, quoting the discrepancies in the regulations and the definitions in the laws and bylaws that we all know here, is there a grey area or no.

    The standing position of Manpower is that any foreigner that is working, TKA or non-TKA for them is treated as a TKA and that they will sanction anybody who does not comply (individual and company). Immigration consequently would deport such person by Manpower order. So no informal work, family work, freelance, independent consultant etc without work permit.

    Moreover, now when a company applies for a work permit for a worker, they have to mention in Manpower online application system if you are on spouse stay permit or no. If you are, the system will not process VITAS visa but issue the Notification (ex-IMTA) straight away.
     
  4. Bad_azz

    Bad_azz Well-Known Member Charter Member Cager

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    Interesting developments there then.
    Until they write it in the law though that it is an IMWNA & not an IMTA/RTKA I shall be not be fazed by them.

    Where was this socialisation Centurion?

    And why was it? And who was it for? And who was invited? And were there lawyers present?

    So many questions.
     
  5. Bad_azz

    Bad_azz Well-Known Member Charter Member Cager

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  6. Bad_azz

    Bad_azz Well-Known Member Charter Member Cager

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    And it still makes no reference to spouse sponsored visas, unless I missed it- so all we have is a verbal comment from a meeting, vs all their wording referencing TKA, gosh I wish I had pursued my law degree.

    The argumentative bitch that lurks within me would itch to try them in court on that one- BUT TII...so it would be a lottery.
     
  7. centurion

    centurion Member

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    Sosialisasi was on 13 November in hotel Manhattan and I think I put the invitation earlier. From PerCa side was Ika Farida, lawyer, she was behind the challenging of the Marriage Law in the Constitutional Court (the one that allows now postnup agreements for mixed couples). She explained with a nice powerpoint, among other things, everything that you quote in favor that what is for TKA is not spouse sponsored foreigners and ex-Indonesians and that such foreign spouses should be fully exempted from regulation covering the employment of TKAs.
    Other contradiction that was also mentioned is that directors/commissioners that are shareholders, are fully exempted from work permits and DPK payment of 1200USD/year totally against the Labor Law (true), while ex-Indonesians with KITAP (usually Indonesian kids who took the foreign parent`s citizenship while on studies), and who should have the same treatment as spouse sponsored KITAP/KITAS holders, meaning should not be treated as TKA, and on the top of that are half-Indonesians, have to pay 1200 USD/year and get work permits.

    However, Manpower has this standing, not grey, but black and white. As I said, they accommodated sponsored spouses in Manpower online application for work permits.
     

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