Processing a Work Permit on a Spouse KITAS and KITAP in Indonesia through Flado

Flado Indonesia regularly receives complex inquiries from expats who already have resident status but want to legally work or develop a business (PMA). Recently, we handled a case for a client, a company founder, residing in Indonesia on a spouse KITAS (E31A). He planned to obtain a work permit for a Film Director (Sutradara Film) position in his own company and simultaneously convert his status to a permanent stay permit (KITAP). In this article, we dive deep into the legal nuances, Ministry of Manpower (Kemnaker) requirements, and show you how to avoid getting confused in the processes.

Service Prices: Estimate for Combining Statuses

To understand the budget, we provide the base rates for Flado Visa Agency services for a similar case (excluding government fees and DKPTKA levies):

For an accurate cost calculation tailored to your situation, please use our working visa process calculator (working-process calculator).

KITAS Details: KBLI Restrictions and Choosing a Position

The main conflict in our client’s case was the discrepancy between the company’s business license and the requested position.

• The KBLI 74201 Problem: The client’s company had a single business activity — photography (KBLI 74201). According to the regulations, this code explicitly excludes the production of motion pictures and videos. Attempting to request an RPTKA for the “Sutradara Film” (Film Director) position with such a license would guarantee a rejection from the Kemnaker officer.
• The Solution: For legal work on a film set, it is necessary to add the KBLI 59112 code (this code is closed for PT PMA activities in Bali by the Governor’s decree, but allowed for activities on other islands) (Motion Picture, Video, and Television Programme Production Activities by the Private Sector) to the company’s deed. This requires notary amendments (Akta Perubahan) and compliance with BKPM investment requirements for foreign companies (PMA) — a minimum investment plan of 10 billion IDR for each new KBLI.
• List of Permitted Professions: The director profession is available for TKA (foreign workers) but is strictly regulated. You can study the official job classification in Kepmenaker No. 228/2019.

WNI Sponsorship and the Director (Direksi) Position

Many investors mistakenly believe that if they are married to a WNI (Indonesian citizen) and are business founders, they can do whatever they want in the company. This is a dangerous misconception.

According to PP No. 34 Tahun 2021, shareholders holding executive positions as Director (Direksi) or Commissioner (Komisaris) with a specific capital share are indeed exempt from needing an RPTKA. However: a director’s position only allows for corporate management. If you step onto a film set, stand behind a camera, or start directing a production, immigration enforcement will consider this a misuse of the visa (penyalahgunaan izin). The law does not allow combining the role of a director and a line specialist (director). Therefore, in this case, the client required a full work permit specifically for a specialized role.

Read more about the requirements for spousal sponsorship in our spouse-sponsorship checklist.

Advantages of the Right Strategy: Why is it More Important to do KITAP First?

In Indonesia, the validity period of a work permit is strictly tied to the main stay permit (Izin Tinggal). In our case, the client’s current KITAS was expiring in six months, but he was already eligible to convert to a 5-year KITAP since his marriage duration exceeded 2 years.

• The Risk of Processing Work on a KITAS: If you tie a work permit to a current KITAS (E31A), the work permit will be nullified when converting it to a KITAP a few months later. The paid DKPTKA levy (up to $1200) will be forfeited, as the government does not automatically transfer it to the new status.
• Flado’s Strategy: First, process the conversion to a 5-year KITAP, and only then attach the right to work to it (Concurrent Activity). This ensures stability, saves the client money, and eliminates double bureaucracy.

The Process: Where to Start and How to Finish?

To avoid confusion and lost time, the process must be structured in a strict sequence. Here is how we operate:

• Access Setup (OTP Redirect): The first step is the integration of the immigration account. The client needs to visit flado.id/otp and set up code forwarding using the video guide. This allows our manager to log into the evisa system and check the availability of the KITAP conversion button in real-time.
• Document Collection: Preparing passports, previous KITAS, marriage certificates, and company statutory documents. Use our Working KITAS Preparation Checklist.
• KITAP Conversion: Submitting the application for the status change. The process takes 2 to 4 weeks. During this time, it is not recommended for the client to leave the country.
• KBLI Update: In parallel with immigration, a notary makes amendments to the PMA deed (adding the required specialized code for the position).
• RPTKA and Concurrent Activity: After receiving the KITAP and updated licenses, an application is submitted to the Ministry of Manpower based on the Permenaker No. 8 of 2021 regulation. After approval, the DKPTKA is paid, and the work activity is registered with immigration on top of the 5-year KITAP.

Useful Materials on the Topic

We have prepared detailed translations and explanations for these procedures. Familiarize yourself with them to be fully prepared:

• Can You Work on a Spouse KITAS or KITAP in Indonesia? (Concurrent Activity): Can You Work on a Spouse KITAS or KITAP in Indonesia?
  
• Integration of TKA Processing Systems (Kemnaker and Imigrasi): Indonesia Integrates Foreign Worker Processing Systems: What Does This Mean?