Work Permits for Creative Professionals and Freelancers: Insights from a Bali Visa Expert

People are flocking to Bali for the winter break, with many seeking opportunities to earn money, including those in creative professions. The island is seeing an increasing number of photographers, videographers, and musicians looking for gigs.

How realistic is it to find legal short-term employment opportunities in Bali for those involved in creative industries? Is there a way to legalize one's status? How risky is it to work illegally, and what are the consequences of doing so?

We covered these and many other topics with Valter Lehman, the head of Bali Business Consulting visa agency.

The Entertainment KITAS is not intended for freelancers or individuals looking to establish long-term residency in Bali. This visa is specifically for specialists engaged in short-term significant projects, such as filming movies, branding initiatives, or performances involving theatrical troupes, circus artists, and acrobats.

There are companies authorized to invite creative professionals to work, and they can sponsor this visa.

The current list of professions eligible for this type of visa includes 57 roles.

There are positions such as operations manager, marketing manager, dive manager, cruise manager, tourist facility manager, tour manager, sports science manager, fleet manager, general manager, show manager, art director, music director, musician, singer, DJ, director, actor, chief lighting technician, dancer, karaoke guide, acrobat, circus artist, magician, bodyguard, advertising model, fashion model, research and development consultant, marketing consultant.

From the realm of sports, eligible professions include sports consultants, boxing promoters, referees, football coaches, table tennis coaches, basketball coaches, volleyball coaches, softball coaches, polo coaches, rowing coaches, badminton coaches, bowling coaches, boxing coaches, judo coaches, diving coaches, shooting coaches, surfing coaches, swimming coaches, synchronized swimming coaches, taekwondo coaches, athletics coaches, wushu coaches, karate coaches, golf coaches, volleyball players, football players, basketball players, and boxers.

The list of eligible roles undergoes periodic changes. For instance, photographers were previously included but are currently excluded. Therefore, photographers cannot currently obtain this KITAS, although they may potentially be included again in the future.

However, photographers can be employed by specific companies. For instance, if a company operates within the entertainment industry and organizes events, it can hire a foreign photographer. However, this photographer would be contracted exclusively to that particular company and cannot undertake independent freelance assignments.

The updates to the list of eligible creative professionals for the Entertainment KITAS reflect the dynamic nature of the eligibility criteria, which are adjusted in response to factors like market demands and regulatory considerations.

The Indonesian government has specific objectives and a vision for the country's overall development. With a population of 280 million citizens, ensuring local employment opportunities are prioritized is crucial. Any situation where foreign workers might displace local job opportunities is considered a significant concern.

But Indonesia also welcomes foreign investors and highly skilled professionals who can impart their knowledge to local talent. This perspective on the matter underscores the government's commitment to balancing the integration of foreign expertise with the protection of domestic employment opportunities.

It usually takes one to two months. The individual receives the documents, leaves Indonesia, obtains the visa, and can start working upon arrival.

No, the application process and the processing time are the same as with a regular KITAS. The difference lies in the availability of quotas. Visa agencies purchase sponsorship from impresario companies. However, there aren't many of these companies, and a range of agencies utilize their services, including production agencies, modeling agencies, and agencies like ours.

Depending on the agency, the approximate cost of an Entertainment KITAS with a six-month duration is around 10 to 15 million IDR. This cost includes sponsorship and processing. Additionally, there is a separate fee of 600 US dollars for obtaining the work permit, plus a consular fee of 150 US dollars.

While this can be quite costly, it is a necessary investment for individuals with specific skills and abilities who intend to work with major brands in Indonesia.

The required documents include:

There is a special type of visa for short-term work in the entertainment industry. This visa is issued to specialists coming for a few days and is typically valid for a month. The individual arrives, receives a special stamp at the airport, and can work in a specific position. Large clubs like Cafe Del Mar and Omnia, for example, bring their DJs under this type of permit.

Additionally, there are monthly work permits available, which can be arranged through agents for those needing to stay and work in Bali for short periods.

The risk varies significantly depending on the visibility of your work. For instance, photographers leading groups in popular tourist spots are more exposed. Conversely, those offering exclusive tours to one or two clients with minimal publicity face lower risk. Similar distinctions apply to surf instructors: those teaching in crowded, well-known beaches are more conspicuous, whereas instructors guiding small, word-of-mouth groups might operate under the radar.

It's also a matter of luck. Some people can work for years without encountering any issues, while others might get caught within days.

The establishment where one works, such as a club or restaurant, can also play a significant role. Some places may hire individuals without the proper authorization to work in Indonesia. However, working in such establishments can leave individuals vulnerable. For instance, the owner could decide to pay only half of the agreed fee, leaving the worker with no legal recourse to dispute the matter.

The potential for problems depends largely on the organizers and the nature of the event. If the event is paid or involves financial transactions, it could attract more scrutiny from authorities. Even if it's just a gathering of like-minded individuals, there's still a risk.

In Indonesia, the concept of "Presumption of Innocence" is vague. Proving innocence can be challenging. Additionally, volunteering in Indonesia, although it exists, involves a complex registration process. You would need to be invited by a specific organization that can provide proper paperwork.

Technically, foreigners participating in volunteer activities like beach clean-ups without proper authorization might be acting outside the law. When the earthquake happened in Lombok, many foreigners wanted to volunteer, but official aid camps did not accept them due to concerns about maintaining the country's image.

Indonesia is focused on attracting new tourists, foreign investments, and developing its infrastructure. Activities by foreigners that portray the country as unable to handle its own problems, such as clean-ups or aid, can be seen as damaging to the national image.

In practice, foreigners participating in beach clean-ups are often overlooked, provided they don't draw attention to their activities or collect money for them. However, if they start publicizing their efforts or engaging in fundraising, they may encounter legal issues.

There are no specific public statistics from the migration service on the number of foreigners detained in Bali for working without work permits. However, checks are conducted daily. These checks can be planned, based on specific information or "assignments," or unplanned, happening by chance.

For example, there was a case where some foreigners were building a restaurant. The owner, a foreigner, started fixing a burst pipe himself instead of calling his workers. Immigration officers driving by saw him doing construction work and detained him. His argument that he was the owner supervising the work didn't help because he was actively involved in the labor, which is not allowed.

Similarly, immigration officers might visit a restaurant and see a foreigner working in the kitchen. They can then check their documents and take action if they are found to be working illegally.

Sometimes, checks are conducted on guesthouses, involving representatives from immigration, police, local government, and the military. These are usually targeted operations, often looking for specific individuals or foreign criminals.

Recent trends in Indonesian immigration laws indicate a notable shift towards curtailing "gray schemes" and illegal processes. The government has increased checks, installed cameras, deployed anti-corruption employees, and introduced electronic systems to enforce compliance.

Several years ago, many agents facilitated "gray stamps" for visa extensions with minimal risk. Now, engaging in such activities can lead to up to five years in prison. Another example is the use of exit "corridors" which allow individuals with substantial visa overstay fines, who have remained in Indonesia for years, to leave the country. However, these corridors can be closed abruptly, placing those relying on them in difficult situations.

Backpackers and downshifters, who often live on minimal incomes and do not contribute significantly to the economy, are discouraged from coming to Indonesia. This is why, in May 2019, overstay fines were increased, immigration fees for visa extensions were raised, "telexes" for visa processing were introduced, and some embassies started refusing to issue social visas to frequent applicants. Legislative restrictions are expected to become even stricter for those without a certain level of income.

The government is now focused on attracting foreign investment, training and employing local staff, collecting taxes, developing new technologies and infrastructure, and attracting "quality tourists." It aims to eliminate the previous lack of tax compliance and regulatory clarity regarding work permits, which caused losses to the state treasury.

There is an increasing number of companies with 100% foreign capital, and efforts are underway to streamline bureaucracy and centralize the issuance of licenses and permits to encourage foreign investment.

For investors willing to invest $200,000 - $300,000, the process has become easier. An investor KITAS for two years costs only $1,000, allowing multiple entries and exits. After five years in a director's position, one can obtain a KITAP for five years, and after ten years, a lifetime residency permit is available.

Overall, while the process is becoming more complex for tourists without financial means, the government is actively working to simplify and expedite all bureaucratic processes for those with funds and a willingness to invest.

This situation reflects several underlying factors. The history of "free visas" is viewed as a failure within government circles. Initially aimed at boosting tourism statistics, the policy targeted the Chinese market, resulting in a significant influx of Chinese tourists. While this led to a statistical increase in tourism, the economic impact fell short of expectations. On average, tourists in Bali spend between $1,200 to $1,500 over two weeks, distributing their expenditures across local businesses like restaurants and shops. In contrast, Chinese tourists often plan and pay for their entire trip in China, limiting their spending primarily to prepaid tours and visits to establishments owned by Chinese operators.

Engaging in frequent visa runs can potentially attract the attention of immigration authorities, possibly leading to entry refusal or even a ban. Immigration officers worldwide have the authority to refuse entry without giving specific reasons. Therefore, it's important to approach passport control with a courteous demeanor, avoid using your phone, and have a clear, plausible explanation about your vacation plans and financial means. It's advisable not to disclose online work activities if you engage in them. Remember, with a tourist visa, you are strictly limited to participating in tourism activities.

Immigration is generally indifferent if someone is simply using a computer in a café without officially working. However, there was an incident involving a company that sent employees to Bali on social visas to work remotely from a villa. When questioned by immigration police about their activities, the employees admitted to working online, which led to complications.

To establish a presence in Bali without earning income from Indonesia, a company must open a representative office. This office can hire local staff and obtain work visas for the director and their assistant. It also serves as a sponsor for business visas, facilitating activities like negotiations, partnership agreements, contract signings, and meetings with management.

For individuals who frequently travel to Indonesia, obtaining a business visa is advisable to avoid potential issues with immigration.

From a legal standpoint, these activities should be organized differently. For example, if a hotel in Bali wants promotional content, they should invite a specialist from a marketing agency in the country where they plan to advertise. This specialist would then obtain a business visa, travel to Bali, and create the required content. In practice, however, these activities are frequently conducted on a tourist stamp, visa on arrival, or social visa. But these visas do not permit any form of work.

In comparative terms, tourists are not heavily restricted in Indonesia. Many live in Bali for years, traveling to Malaysia, Vietnam, Singapore, the Philippines, and other countries every six months to obtain a "social visa" before returning. In some other countries, this would be impossible.

Similarly, while many complain about the difficulty of obtaining a work visa, it is worth noting that the process is even more challenging in countries like the United States or in European countries.

Indonesia is making it easier for investors, entrepreneurs, and those willing to work officially and invest in the country's development. However, the government does not favor backpackers and financially unstable visitors who do not significantly contribute to the local economy and may even take jobs away from locals.