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  • Teach With KITAP Sponsored By Indo Wife

    Dear Marcus, can I ask for your advice? I am a foreigner (KITAP-holder, sponsored by my wife, married since 2016, with NPWP, KK, KTP WNA, SIM C) living in Yogya. My current status is 'unemployed'. A local school (in the form of a yayasan) is interested to hire me as a freelancer (approx. 20 hours per week, so 4 hours per day from Monday to Friday). Would they need to arrange an IMTA for me, or, is it safe for me to work at the school as freelancer without IMTA? I have a BA and MA related to social science (cultural background) and some teaching experience.

  • #2
    Originally posted by Alexander Richard View Post
    ...I am a foreigner (KITAP-holder, sponsored by my wife...)...A local (SD) school...is interested to hire me as a freelancer...Would they need to arrange an IMTA for me, or, is it safe for me to work at the school as freelancer without IMTA?...

    I recommend you to talk to your local Kantor Imigrasi + your local Manpower Department Office (or https://tka-online.kemnaker.go.id/) .

    Just for you to have an idea of your situation :
    - Article 61 of UU/Law no.6 Tahun 2011 states that foreigners in your situation could work & do business to support you & your family , but unfortunately no Regulation was issued to implement this part of the Law (as it is normally how it should have happened) .
    - I guess you would not be eligible for an "IMTA" . As was told by a experienced school in this Forum , you should have 5 years of experience in teaching in SD school , to be eligible .
    - So I guess your chance is to work as per Article 61 above . As was verbally told by Manpower officers , you are allowed to work informally without an work permit (IMTA) , but in my view Manpower will not agree with what you intend to do because I guess you cannot teach informally in a formal SD school .
    - For example , I guess you could give private English lessons informally under your wife's small teaching business .


    You can see by yourself what we know from Manpower up to now :

    From http://percaindonesia.com/catatan-so...-maret-2015/ (Married with Indonesians - allowed work situations , March 2015). Google's translation .

    [1. Holders of KITAS/KITAP sponsored by their wives/husbands may work in the company as long as their work permits are complete, including having an IMTA.

    2. If there is an inspection from the Immigration or Manpower Office, the officer conducting the inspection must be accompanied by an assignment order from his agency.

    3. Foreign Workers may not work in 2 different places (with the same or different professions) EXCEPT for investors/commissioners in PMA (If the work is in 3 places the number of IMTA must also be 3).

    4. If the work activities of foreign workers are more than 1 place/province, it is mandatory to have a cross-provincial IMTA.

    5. For IMTA extension, you do not have to go to Jakarta but can go through the local Provincial Manpower and Transmigration Office.

    6. Foreign workers working in Indonesia are required to have a NPWP.

    7. The process of making and extending work permits is a maximum of 4 working days per item (IMTA, RPTKA).

    8. Case: A husband/wife from a mixed marriage couple with a chef background wants to open a small caf? business, with few seats, categorized as a small business and does not require an IMTA. If the business is getting busier and bigger, a caf? operating permit is needed from the relevant agency. When the business becomes a legal entity, the foreign worker is required to have an IMTA.

    9. DK children who have chosen to be foreigners and then choose to work in Indonesia, their status remains as foreigners and must have a residence permit (KITAS/KITAP) and a work permit (IMTA).

    10. DK's children choose to become foreigners and study abroad. When on vacation in Indonesia, you want to volunteer to teach English at a natuonal plus school, do you need IMTA? It depends on whether the recommendation from the school where he volunteered was approved by the Ministry of Manpower. For volunteer social visas, the IMTA must still be present. The question of whether or not to pay the compensation fund (DPKK) depends on the RPTKA recommendation.

    11. Application and extension of KITAS/KITAP now must attach KTP&KK according to place of residence because KIPEM or domicile certificate is no longer valid. If at the time of submitting the application, it is found that the KTP & KK do not match the domicile, then the application will be rejected at the office of the Director General of Immigration.

    12. Case: The husband of a foreigner as the perpetrator of mixed marriages has retired. Enter Indonesia with VOA and become an investor in a hotel in Bali. Occasionally still do work behind the scenes such as checking at the financial controller. With such a condition, it means that the husband has already carried out work activities in Indonesia and MUST have a KITAS and IMTA, because indirectly the person concerned is already working.

    13. Foreigners who engage in mixed marriages have a wife's sponsored KITAS. Work from home and have an online business. Does not have an office and a legal entity in the form of a PT or PMA. Because the foreigner carries out work activities even though he only works online, this foreigner is required to have an IMTA. The foreigner is also not allowed to sign a work contract in Indonesia on his behalf.

    14. Foreigners who work and have a business as an acupuncturist, must obtain an official recommendation from the local Health Office, before starting a business and work activities. If you already have a recommendation from the relevant agency, then the foreigner is required to have an IMTA to be able to work in Indonesia.

    15. Foreigners who hold KITAS/KITAP sponsored by their wives/husbands may work in Indonesia. IMTA may be necessary depending on what the job is, if the place of work is a legal entity or not, if the business is small or big .

    CONCLUSION: Although in the Immigration Law No. 6 of 2011 article 61 states that holders of a Limited Stay Permit and Permanent Stay Permit holders can do work and/or business to meet the needs of life and/or their families, they still have to refer back to the Manpower Law no. 13 of 2003 and Permenakertrans No. 12 of 2013, which basically means that foreign workers who are involved in mixed marriages sponsored by their wives:/husbands are still allowed to work without a work permit as long as they are in the informal sector, freelance or have a small business and are not legally incorporated. If you work in a legal entity, you MUST have an IMTA.]

    Poster's Note : According to the newer Manpower Regulation , there is no IMTA anymore , but in practice the rule's base is more or less the same , so instead of IMTA we can just think it as a Manpower Department's authorization .

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    • #3
      Thank you very much for the explanation and advise, Marcus! Highly appreciated!

      One more question, though, Marcus. If I am a 'volunteer' who practices English with the SD children at school, and I do not receive a wage (instead as a reward some money is sent - each month - into my wife's bank account), would you see any risks in this situation?

      Comment


      • #4
        Originally posted by Alexander Richard View Post
        ...If I am a 'volunteer' who practices English with the SD children at school, and I do not receive a wage (instead as a reward some money is sent - each month - into my wife's bank account), would you see any risks in this situation?

        Unless I get the "ok" from both Immigration and Manpower Department , I would not do it .

        I guess that you would need , at least , to open a small business in your Indonesian wife's name in order to pay income tax through it .

        Be alerted that Immigration has the power to deport you only on suspicion that you are not following a single Indonesian Law or Regulation .

        Comment


        • #5
          Well, interestingly enough Marcus, we did set up a CV on my wife's name (a few years back already) and it's scope of business (kbli) includes language teaching (although so far we haven't used it for language training; only for other business activities with a different kbli). So, it may not be a problem that this private school (in the form of a yayasan) pays to my wife's CV (which has a separate bank account) for the English language training. However, like you pointed out, me being informally involved (doing work) in this CV is no problem, but when I am the one who comes to the SD (formal institution) on a daily basis, it becomes a bit complex. Anyway, thanks for the advice, Marcus. I will contact Imigrasi and Manpower.

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