Indonesia Regulatory Update on Immigration Policy for Visitor Visa and Limited-Stay Visa
3 min readRecently, Indonesia government has issued Government Regulation No. 40 of 2023 on the Fourth Amendment of the Government Regulation No. 31 of 2013 on the Implementing Regulation of Law No. 6 of 2011 (“GR 40/2023”). GR 40/2023 sets out extensive updates on the Indonesia Immigration Policy, particularly regarding the definitions and classification of Visitor Visas and Limited-Stay Visas for foreigners. Furthermore, GR 40/2023 regulates a clear guideline for foreigners wishing to obtain visas to enter Indonesia based on their purpose of visit. In this article, we will summarize the latest policy mapping specifically for the visitor visa and the limited-stay visa.
Visitor Visa and Limited-Stay Visa
In general, an entry to Indonesia by foreign nationals must be preceded with the issuance of visa. There are two major classifications of visa, namely the visitor visa and the limited-stay visa:
The classification of the visitor visa and the limited-stay visa is further indexed under Minister of Law and Human Rights Decision No. M.HH-03.GR.01.06 of 2023 on Visa Index (“Visa Index Regulation”). As excerpted below: 1. Single Entry Visitor Visas
2. Multiple-Entry Visitor Visas
3. Limited Stay Visa for Work
4. Limited-Stay Visa for non-Work
Note: Please see the Vide Index Regulation for more detail as it classifies each purpose of visit and its Visa Index
Visa Application Requirements
Foreign nationals shall fulfill the following requirements to obtain visitor visa and limited-stay visa:
- Nationality Passport that is valid and applicable for a minimum of 6 months;
- Proof of guarantee from the guarantor (immigration guarantee), except for certain visits;
- Proof of having the cost of living for him/herself and/or his/her family while staying within the Indonesian Territory;
- Color passport photo; and
- Other documents to explain the aim/objective of the foreign nationals’ arrival.
Regarding the Guarantor, GR 40/2023 regulates that a foreign national must have a guarantor who guarantees his/her presence within Indonesia. The guarantor will mainly guarantee the compliance of guaranteed foreign national in his/her compliance with immigration law and must report any changes in civil status, immigration status and change of address. The guarantor must also pay the costs incurred to repatriate or expel the guaranteed foreign national from Indonesia if:
- The validity of the visa has expired; and/or
- Subject to Immigration Administrative Measures in the form of Deportation.
The requirements regarding guarantees do not apply to:
- Foreign nationals who are legally married to Indonesian citizens;
- Business actors with foreign nationality who invest their capital in Indonesia as referred to under the provisions of laws and regulations on investment. In the case the foreign nationals already have Corporations domiciled in Indonesia, the Corporations may act as a Guarantor; and
- Citizens of a country that reciprocally grants the guarantee exemption.
In lieu of a Guarantor, the foreign national shall deposit an immigration guarantee while staying within Indonesia in the form of a deposit of a fair amount of funds or other forms. The immigration guarantee may be used as:
- Payment of costs incurred in order to repatriate or remove foreign national from Indonesia;
- Payment of costs for foreigner whose stay visa validity period has expired, but are still located in the Indonesian Territory for less than 60 (sixty) days from the Stay Permit expiration date; and/or
- Payment of other costs which become the responsibility of foreign nationals in relation to Immigration obligations.
Our Notes
Please be informed that since June 2023 the Government of Indonesia has temporarily stopped visafree visit for 159 countries, except for Asean countries, therefore non-Asean nationals will now need to apply for visa to the designated immigration officials, thus highlighting the changes made in GR 40/2023. Changes in GR 40/2023 are mainly aimed to simplify and clarify the Immigration procedures for foreign nationals to visit Indonesia by aligning the procedures to the purpose of visit
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