On October 25, 2022, the Ministry
of Law and Human Rights of Indonesia, along with the Directorate General of
Immigration, issued circular letter No. IMI-0740 regarding the "Second
Home" visa and limited stay permits.
The preamble of the letter
underscores the anticipated slowdown in global economic growth in 2023,
coinciding with forecasted recessions and economic inflation in multiple
countries. To counteract the potential impact of this global economic downturn
on Indonesia, the government is poised to implement strategic measures. At a
coordination meeting on October 9, 2022, it was determined that a
straightforward and expedient policy for obtaining visas and residence permits
is essential for foreigners intending to prolong their stay in Indonesia. The
aim is to encourage foreign visitors to remain in Indonesia, thus positively
impacting the country's economy, particularly the real estate sector.
Many expats eagerly anticipated
this visa, hoping it would allow them to officially live in Indonesia with the
same opportunities as those with a residence permit.
However, the document
presents some surprises. Notably, the entry threshold for the "Second Home" visa is quite high.
As
stated by the Indonesian Minister of Justice and Human Rights, Yasonna H.
Laoly, this visa is intended for global investors and billionaires.
"Second Home" Visa Requirements and Regulations
The rules for obtaining a “Second
Home” visa are as follows:
- The "Second Home"
visa is not a work visa but permits a foreigner and/or their family to reside
in Indonesia.
- A foreigner must have a
guarantor (sponsor).
- The foreigner must provide an
"immigration guarantee" – a specific amount of funds or luxury assets
currently set at 2,000,000,000 IDR (two billion IDR, equivalent to
approximately $130,000 USD).
- The "immigration
guarantee" must not be transferred, handed over, or pledged while holding
the "Second Home" visa.
Violation of these rules could
lead to the revocation of the "Second Home" visa. If violations are
identified, the head of the immigration service may request the latest account
statement, a bank certificate showing the "immigration guarantee"
amount, or proof of luxury property ownership in Indonesia. Failure to provide
this documentation could result in the cancellation of the foreigner’s and
their family’s residence permits, subjecting them to penalties under
immigration administrative law, and necessitating departure from Indonesia
within 7 days.
Application Guidance for the "Second Home" Visa
To apply for the "Second
Home" visa, visit the website molina.imigration.go.id. The required
documents include:
1. A valid passport with a
minimum validity of 36 months.
2. Proof of funds, which can be
either:
- An account in a state bank with a balance of at least 2,000,000,000
IDR (two billion IDR).
-
Proof of ownership of luxury property in Indonesia under the foreigner's name,
as per land/agricultural laws and regulations.
3. A recent color photograph (4
cm x 6 cm) against a white background.
4. A resume.
Family members (spouses,
children, or parents) of a "Second Home" visa holder are also
eligible to obtain this visa. They need the same documents as the principal
applicant, plus the principal applicant's valid "Second Home" visa
and proof of relationship (marriage certificate, birth certificate). Therefore,
the principal applicant must apply first, followed by their family.
Duration and Extension of the "Second Home" Visa
The "Second Home" visa
is initially issued for a period of 5 years and can be extended up to a total
of 10 years. Family members receive a visa with a duration that does not exceed
that of the principal applicant. After residing in Indonesia for at least 3
years on a "Second Home" visa, holders can convert it into an ITAP
(permanent stay permit).
Pension KITAS Controversy
Circular letter No. IMI-0740 also
proposed transitioning pension KITAS holders to the "Second Home"
visa, sparking significant concern among many elderly expats from Europe,
Australia, and other countries. On social media, many have expressed their
intention to change their country of residence if compelled to switch to a
"Second Home" visa due to the exceedingly high financial entry
requirements for obtaining and maintaining it.
In response, the Directorate
General of Immigration issued a clarification on December 22, 2022,
communicated by Public Relations Sub-Coordinator Ahmad Nur Saleh. He announced
that current pension KITAS holders can remain on their existing visa until
further notice. He emphasized that the "Second Home" visa is designed
to attract wealthy foreigners interested in investing in Indonesian real
estate. He described the new visa as a "toll road," providing easy
entry for elite foreigners to conduct business, invest, travel, and engage in
various activities in Indonesia.
Outstanding Issues
While the "Second Home"
visa is designed to benefit a specific affluent segment of Indonesia's
visitors, there are still uncertainties surrounding its issuance:
- What constitutes a "luxury
villa," and what are the criteria for categorizing properties as such?
- The requirement specifies that
proof of the two billion IDR funds may be requested at any time, and failing to
provide it could necessitate leaving Indonesia within a week. However, there is
no clear guidance on whether the account balance must remain stable throughout
the visa duration. Can funds from the "immigration guarantee" be
utilized, considering they are not "frozen"?
- Does visa renewal within five
years depend on confirming the "immigration guarantee" funds?
This document is a translation of an article authored by Anna Kartashova
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