Doing Business on a Spouse Visa in Indonesia

Doing Business on a Spouse Visa in Indonesia

  • InCorp Editorial Team
  • 19 September 2024
  • 6 reading time

Starting a business in Indonesia as a foreigner can be rewarding, especially if you live on a spouse visa. While a spouse visa primarily allows you to reside with your Indonesian partner, navigating the business landscape and managing business on a spouse visa requires a clear understanding of local regulations.

The good news is that Indonesia provides opportunities for foreign spouses to engage in business activities. Still, it’s essential to know the legal requirements, such as whether you need a work permit, the types of businesses you can operate, and how to stay compliant with immigration laws.

This guide will explore the key steps and considerations for business on a spouse visa in Indonesia.

What is a Spouse Visa?

A spouse visa (Spouse KITAS) provides a residence permit for foreign nationals married to Indonesian citizens in mixed marriages. However, this permit does not allow holders to work in Indonesia or earn income from Indonesian companies.

To qualify for a spouse visa in Indonesia, you must be legally married to an Indonesian citizen. The government must officially recognize your marriage as legal in Indonesia.

Domestic partnerships, where a couple has not formalized their relationship but has been living together, do not qualify for a spouse visa. However, a foreigner married to an Indonesian spouse for ten years or more can retain their spouse visa indefinitely, even after a divorce or the death of their Indonesian spouse.

Can You Work On a Spouse Visa in Indonesia?

You cannot work in Indonesia with a spouse visa (Spouse KITAS). The Spouse KITAS allows foreign nationals married to Indonesian citizens to reside in Indonesia but does not grant permission to work or earn income from Indonesian companies. If you wish to work, you must apply for a separate work permit (KITAS) sponsored by an employer.

When a Work Permit is Required?

While Article 61 of the Immigration Law allows foreign spouses to work in Indonesia, they must secure a Foreign Manpower Utilization Plan (RPTKA) to apply for a work permit.

The process of legally working involves applying separately for work authorization, as the Spouse KITAS alone does not automatically permit employment. In practice, obtaining this work permit can sometimes face bureaucratic hurdles due to mismatches in online immigration systems​.

For foreigners wanting to run businesses or work in Indonesia, it’s essential to clarify work status with the immigration authorities and ensure the proper permits are in place. Therefore, while the spouse visa allows residency, you must take additional steps to work legally in Indonesia, especially when engaging in business on a spouse visa.

The Cost of Working Without a Permit in Indonesia

Working without a proper work permit in Indonesia can result in severe penalties, including a maximum fine of IDR 500 million, imprisonment for up to five years, or deportation.

This is especially crucial for those engaging in business on a spouse visa, as operating without the correct work authorization can exacerbate legal consequences.

Termination of a Spouse Visa

Even though holding a spouse visa in Indonesia, foreigners should keep an eye on their activities to prevent losing their status, especially when engaging in business on a spouse visa. These are the activities that may result in termination of the visa:

  1. The foreigner has left Indonesia for more than a year.
  2. If the foreign spouse divorces or their Indonesian spouse passes away within the first ten years of marriage, the visa will terminate.
  3. After five years, the foreigner does not extend their permanent stay permit (Spouse KITAP Indonesia).
  4. The foreigner has finally acquired Indonesian nationality.
  5. The Government cancels the spouse visa due to specific circumstances, such as violations of immigration laws or engaging in work without a proper permit.
  6. The foreigner has passed away or has been deported (as in the case of working without a work permit).

How to Get a Spouse-Sponsored KITAS

If you’re a foreigner married to an Indonesian citizen and planning to reside in Indonesia, obtaining a Spouse KITAS (Limited Stay Permit) is an essential step.

Below are the key steps to successfully acquire your Spouse KITAS:

  1. Gather all required documents related to the KITAS application. These will be verified to ensure a smooth and successful process.
  2. Once verified, your documents will be uploaded to the online immigration system. Upon approval, you will receive an e-visa (Electronic Visa), which you must print for future use.
  3. You can now enter Indonesia using the e-visa issued to you.
  4. After arriving in Indonesia, you must complete a biometric process, including taking a profile photo and providing fingerprints.
  5. Your KITAS will be processed and issued within three days of completing the biometric step.
  6. You must register with the Civil Department within 14 days of receiving your KITAS. This step will provide you with the SKSKPS (Certificate of Family Formation for Temporary Residents) and the STM (Police Certificate).

The Requirements for a Spouse Visa

Several important documents and conditions must be met to apply for a spouse KITAS in Indonesia. Below are the Indonesia spouse visa requirements that applicants must fulfill:

  1. A passport with at least 18 months of validity.
  2. Two passport-sized photos (3×4 cm) with a red background.
  3. Marriage Certificate (Akta Nikah).
  4. Indonesian spouse’s ID (KTP) and Family Card (Kartu Keluarga).
  5. Birth certificate of the Indonesian spouse.
  6. Bank statement with a minimum balance of IDR 20 million.
  7. Certificate of No Impediment (CNI) if married abroad.
  8. Domicile letter from the local sub-district or building management.

The Cost of Obtaining a Spouse Visa in Indonesia

The costs for a spouse visa in Indonesia remain consistent with those in previous years. However, local immigration offices may occasionally update or vary fees based on changes in regulations or specific requirements.

  • Application Fee: The initial processing fee is approximately IDR 2,000,000 to IDR 3,000,000 (about USD 130 to USD 200).
  • Issuance Fee: The visa issuance fee is IDR 1,000,000 to IDR 2,000,000 (about USD 65 to USD 130).
  • Additional Costs: There might be extra fees for document legalization, translation services, or legal consultations.

Obtain Your Spouse Visa Hassle-Free with InCorp

Are you planning to relocate to Indonesia with your spouse and engage in business on a spouse visa? Navigating the complex Indonesian immigration process can be overwhelming. That’s where InCorp comes in.

We offer comprehensive immigration services, including:

  • Spouse Visa: We assist with application preparation, provide guidance on required documents, represent clients during the interview process, and provide follow-up support for visa issuance.
  • Work Permit: We offer eligibility evaluation, preparation of necessary documents, representation during the application process, and assistance in obtaining work permits for foreign employees.

Fill out the form below and let us guide you through every step of the application process for your business on a spouse visa, ensuring a smooth and efficient experience.

Daris Salam

COO Indonesia at InCorp Indonesia

With more than 10 years of expertise in accounting and finance, Daris Salam dedicates his knowledge to consistently improving the performance of InCorp Indonesia and maintaining clients and partnerships.

Get in touch with us.

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Frequent Asked Questions

Technically speaking, yes. You can apply for a KITAP after two years of marriage to an Indonesian spouse.

You are allowed to work as an independent entrepreneur. If you want to work for an Indonesian company, you are required to have a valid Indonesian work permit.

The sponsor must be a company for single and multiple-entry businesses and working visas. The sponsor company is the legal entity that invites you to a business meeting or the business you will be working for. Regarding visit and retirement visas and KITAS & KITAP stay permits, the sponsor must either be an Indonesian legal entity or a citizen. If you need a visa sponsor, InCorp provides sponsorship via HR Outsourcing and manages payroll for your foreign employee.

No, a spouse visa is granted to foreigners who are married to Indonesian nationals. A dependent visa is also known as a family visa. It allows you to bring your family to Indonesia.