In August 4th, 2023, the Government of Indonesia issued Government Regulation Number 40 of 2023 on the Fourth Amendment to Government Regulation Number 31 of 2013 on Implementing Regulations of Law Number 6 of 2021 on Immigration ("GR 40/2023"), which also added clauses that are related to a "golden visa policy", with several key points:
- Amendment in the period of granting Visa and Residence Permit
In the previous regulation, Foreigners could only apply for a Multi Entry Visitor Visa (Visa Kunjungan beberapa kali perjalanan) and a Limited Stay Permit (Izin Tinggal Terbatas) for a maximum of 5 years which could be extended up to 10 years. Now under GR 40/2023, Foreigners can obtain the Multi Entry Visitor Visa and the Limited Stay Permit for a maximum period of 10 years.
- Simplification of Visa and Limited Stay Permit Requirements
The Limited Stay Visa (Visa Tinggal Terbatas) is granted to Foreigners who have a high level of expertise or financial capability. To obtain the Limited Stay Visa, Foreigners shall have a passport valid for at least 6 months, proof of immigration guarantee/ guarantee from a guarantor, color photograph, proof of bank statement proving their ability to finance their life and/or their family in Indonesia, and other documents explaining the purpose of arrival.
GR 40/2023 eliminates the requirement for medical examinations, certificates of good conduct (from home country authorities), and grouping passport duration towards specific purposes. .
- Transfer of Visitor Stay Permit to Limited Stay Permit
Transfer of status can be done to Foreigners who aim to:
- invest;
- work as experts;
- perform duties as a clergyman;
- attend education and training;
- conduct scientific research;
- become a family due to mixed marriage;
- family unification;
- based on reasons of benefit for public welfare and/or humanity after obtaining the consideration of the Minister of Law and Human Rights of the Republic of Indonesia;
- repatriation;
- regain citizenship of the Republic of Indonesia based on the provisions of laws and regulations; and/or
- carry out activities in the framework of the second house.
Foreigners aiming to invest, work as experts, serve as clergy, attend education, conduct research, join mixed marriages, unify families, or contribute to public welfare can request a transfer of visit Stay Permit status to Limited Stay Permit. This request is submitted by the Guarantor to the local Immigration Office. However, this transition is exempted for foreigners with Visa on Arrival or Visa Free Visit status, as well as crew members of conveyance. Additionally, GR 40/2023 removes the requirement for Letters of Recommendation from government agencies.
- Immigration Guarantee
GR 40/2023 has facilitated Foreigners who do not have a Guarantor by replacing them with funds or other forms instead of Guarantors, which is called Immigration Guarantee. This guarantee applies to foreign business investors, who are required to deposit a specific amount of funds or alternative forms as mandated by laws and regulations. The Immigration Guarantee can be deposited in a bank or other designated agencies or institutions. It can also be used to cover other Immigration-related fees. Proof of deposit must be submitted to the Immigration Officer within 90 days of obtaining the Stay Permit; otherwise, the Stay Permit may be canceled. If the Immigration Guarantee does not meet regulatory requirements, the Stay Permit could also be canceled.
Originally published on the 2th of October, 2023.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
