Visa and Work Permit, What’s the Difference? – Each country has different types of visas and visa categories. In general, there are two types of visas such as immigrant and non-immigrant visas. Non-immigrant visas cover categories such as business, visit, tourist or study visas.

A visa is obtained when the person wants to stay in the country either for short term or long term. Immigrant visas allow immigrants to obtain a place to live and work.

The following below is a review related to visas and work permits.

Definition of visa

Referring to Law no. 6 of 2011 concerning Immigration, Visa of the Republic of Indonesia, hereinafter referred to as Visa, is a written statement given by an authorized official at the Representative Office of the Republic of Indonesia or at another place determined by the Government of the Republic of Indonesia, which contains approval for foreigners to travel to Indonesian territory and form the basis for granting a stay permit.

Limited stay visa

A limited stay visa is given to foreigners who intend to reside for a limited period of time and can also be given to foreigners who are former Indonesian citizens who have lost their Indonesian citizenship under the Law on Citizenship of the Republic of Indonesia and intend to return to Indonesia in order to obtain citizenship. Indonesia is back in accordance with the provisions of the legislation.

A limited stay visa in its application can be granted to carry out activities, including:

a. In working order

1. As an expert;
2. Join to work on ships, floating equipment, or installations operating in the territorial waters of the Archipelago, the territorial sea, or the continental shelf, as well as the Indonesian Exclusive Economic Zone;
3. Carrying out duties as clergy;
4. Carry out activities related to the profession by receiving payment, such as sports, artists, entertainment, medicine, consultants, lawyers, trade, and other professional activities that have obtained permission from the competent authority;
5. Carry out activities in the context of making commercial films and have obtained permission from the competent authority;
6. Supervise the quality of goods or production (quality control);
7. Carry out inspections or audits at the company’s branches in Indonesia;
8. After-sales service;
9. Installing and repairing machines;
10. Carry out non-permanent work in the context of construction;
11. Put on a show;
12. Holding professional sports activities;
13. Perform treatment activities, and
14. Prospective foreign workers who will work in the framework of trials skill.

b. In order not to work

1. Foreign investor;
2. Attend training and scientific research;
3. Attending education;
4. Family unification;
5. Repatriation, and;
6. Elderly.

Kitas / limited stay permit

A Limited Stay Permit is a permit granted to a foreigner holding a Temporary Stay Permit. According to article 31 PP No. 32 of 1994 concerning Visas, Entry Permits and Immigration Permits (“PP No. 32/1994”), the Limited Stay Permit itself is a type of immigration permit granted to foreigners to stay in the territory of the Republic of Indonesia for a limited period of time.

Index visa, visa works

A Limited Stay Visa for work is given to foreigners who will be employed in Indonesia by the guarantor.

Limited stay visa for work is index C312

Definition of work permit (TKA)

Permit for Foreign Worker is a decision letter which contains regulations for allowing foreign nationals (foreigners) to be able to work in companies in Indonesia. In this case, the meaning of Foreign Workers (TKA) are foreign citizens who hold visas with the intention of working in Indonesia.

Legal basis

1. Presidential Regulation No.20/2018 concerning Employment of Foreign Workers (Perpres No.20/2018)
2. Minister of Manpower Regulation No.10/2018 concerning Procedures for Employing Foreign Workers (TKA) (Permenaker No.10/2018). This rule revokes the previous regulations, namely Permenaker No.16/2015 and Permenaker No.35/2015.
3. Government Regulation No.34 of 2021 concerning the Employment of Foreign Workers (TKA), which is a derivative regulation of the Job Creation Law (PP No.34/2021).

Purpose of Placement of Foreign Worker (TKA) in Indonesia

1. Meet the needs of professional and skilled workers in certain fields that cannot be filled by local workers or Indonesian Migrant Workers (TKI).
2. Accelerating the process of national development by transferring technology or knowledge, especially in the industrial sector.
3. Expanding employment opportunities for Indonesian Migrant Workers (TKI).
4. Increasing foreign investment to support development in Indonesia.

Who can use foreign worker (TKA)?

1. Government agencies, representatives of foreign countries and international agencies;
2. Foreign trade representative offices, foreign company representative offices, and foreign news agencies conducting activities in Indonesia;
3. Foreign private companies doing business in Indonesia;
4. Legal entity in the form of a Limited Liability Company or a foundation established under Indonesian law or a foreign business entity registered with the competent authority;
5. Social, religious, educational and cultural institutions;
6. Impresariat service business; And
7. Business entities insofar as permitted by law to employ foreign workers.

Notes: Limited Liability Companies as referred to in paragraph (1) letter d are excluded for Limited Liability Companies in the form of individual legal entities.

Parts of the document in the work permit for foreign workers (TKA)?

1. Manpower report (WLKP)
2. Minutes of examination (BAP)
3. Feasibility Assessment Results (HPK)
4. Billing Code Notification of DKP-TKA Payment
5. Approval of RPTKA

Agencies/institutions/ministries issuing visa documents?

Ministry of law and human rights > Directorate General of Immigration.

Agencies/Institutions/Ministries issuing work permit documents for foreign workers (TKA)?

Ministry of Manpower.

Conclusion

The difference between a visa and a work permit is that a visa is a document obtained by a person to enter a certain country, while a work permit is a work permit issued by the relevant agency/institution/ministry for foreigners to work legally in Indonesia, in which employers provide for employees to enter the country.

This is a review of the differences between visas and work permits for foreign workers in Indonesia. 

If you experience difficulties and ignorance in the process of applying for a Work Permit and Foreign Worker Visa.

We Indoservice, Immigration Service Consultants, as a trusted and experienced provider of formality services, are committed to providing the best and fast service to meet your needs for Foreign Work Permits, Visas, KITAS, KITAP, and other immigration documents. Contact us now at email admin@indoservice.co.id or Telp. and Whatsapp at +62877-1449-8500 for special offers.