- A visit visa may only be used for the permitted visit purpose, rather than active employment.
- Activities such as meetings, negotiations, and business visits differ from working daily at a company.
- Foreign nationals who begin work without the appropriate authorization may face immigration administrative action.
- Companies also face risks if they allow foreign nationals to work without an appropriate permit basis.
- An initial review helps determine whether a work visa, ITAS, RPTKA, or other permit adjustment is needed.
A visit visa is often used by foreign nationals to enter Indonesia for tourism, meetings, business visits, negotiations, or exploring partnership opportunities. However, a visit visa does not authorize active employment at an Indonesian company. This limit needs to be understood from the outset, especially if the foreign national begins assisting operations, attends the office daily, receives work instructions, or receives payments from parties in Indonesia.
Problems usually arise because companies consider “helping briefly” to be safe. From a compliance perspective, however, the visa name is not the only consideration. The foreign national’s actual activities while in Indonesia are also assessed.
Why Is a Visit Visa Different from Work Authorization?
A visit visa is intended for visiting activities. Under certain categories, foreign nationals may undertake business activities such as attending meetings, holding discussions, negotiating, signing business agreements, or inspecting goods at offices, factories, and production sites. However, these activities remain different from working as part of the company’s operations.
If a foreign national begins performing work functions, receiving regular instructions, handling clients, managing teams, tending a shop, teaching, preparing operational reports, or fulfilling a role normally performed by a worker, the situation can change. These activities may be regarded as work rather than simply a business visit.
The difference between a business visit and work
A business visit is usually brief, limited, and outside the company’s everyday work. Examples include meetings with prospective partners, discussing contracts, inspecting facilities, or joining internal discussions as a guest.
Work usually involves a more active, regular pattern. For example, the foreign national has a work schedule, receives company assignments, uses company email, instructs staff, serves customers, or receives compensation for activities performed in Indonesia.
Activities Generally Within the Scope of a Visit
Companies need to distinguish visiting activities from activities that have entered the sphere of employment. The boundary cannot always be identified from one activity alone. The overall context therefore needs review.
- Attending business meetings with prospective partners or related companies.
- Discussing or negotiating contracts.
- Signing business documents consistent with the visit purpose.
- Visiting sites, factories, offices, or production facilities.
- Participating in limited discussions without taking on daily operational roles.
- Tourism, family visits, or other activities permitted by the visa type.
This list still needs to be checked against the visa used. Not all visit visas allow the same activities. Before inviting a foreign national, the company should therefore check which visa category best matches the purpose of arrival.
When Do Activities Risk Being Considered Work?
A foreign national’s activities may become risky when they resemble an employment relationship or operational involvement. This risk may arise even without a written employment contract. Inspectors can usually examine evidence of activities, communications, schedules, payments, and the foreign national’s actual role.
Warning signs to review
The following signs need careful review. One sign alone does not necessarily always indicate a violation. However, when several occur together, the company should promptly review the foreign national’s permit status.
- The foreign national regularly attends an office, shop, factory, or project.
- The foreign national holds an operational position in the company structure.
- The foreign national directly instructs local employees.
- The foreign national handles technical work or customer service.
- The foreign national uses company work facilities for daily duties.
- The foreign national receives salary, commission, fees, or compensation from parties in Indonesia.
- The foreign national replaces a worker function that should require work authorization.
Compensation is often overlooked. Under certain visit visa provisions, foreign nationals holding stay permits derived from those visas are prohibited from selling goods or services or receiving compensation, wages, or similar remuneration for work or business from individuals or corporations in Indonesia.
Comparing Permitted Visiting Activities and Risky Activities
The following table can help companies identify the general differences between business visits and active employment. It does not replace a legal review, but can be an initial risk assessment tool.
| Situation | Generally Still a Visit | Risks Being Considered Work |
|---|---|---|
| Business meetings | Attending discussions, negotiations, or document signing. | Making daily operational decisions or regularly leading a team. |
| Site visits | Inspecting offices, factories, projects, or production facilities. | Supervising field work or directly giving technical instructions. |
| Training or demonstrations | Providing a limited explanation of products or processes under the visit agenda. | Teaching, training, or performing work as recurring duties. |
| Office involvement | Occasional attendance as a business guest. | Having a desk, work account, regular schedule, and daily responsibilities. |
Legal Risks of Working Without Appropriate Authorization
Foreign nationals are not the only parties exposed to risk. The company, guarantor, and inviting party may also be affected. The Immigration Law provides that stay permits are granted according to the visa held, and visit stay permits may end if canceled or if the foreign national is deported. Source: imigrasi.go.id
Risks for the foreign national
The foreign national may face inspection, stay permit cancellation, immigration administrative action, deportation, or difficulty re-entering Indonesia. These risks can affect employment plans, professional reputation, and the relationship with the inviting company.
Risks for the company
The company may face operational disruption, compliance inspections, reputational risks, and obstacles when applying for permits for other foreign workers in the future. If the foreign national is a prospective director, consultant, technician, or key expert, permit problems can obstruct ongoing projects.
Risks for the guarantor or sponsor
Under immigration rules, guarantors are responsible for the presence and activities of the foreign nationals they guarantee during their stay in Indonesia. They therefore need to understand those activities from the outset, beyond assisting with invitation letters. If activities change from visiting to working, permit status also needs review.
The Relationship with RPTKA and Limited Stay Permits
If the company needs a foreign national to work, the appropriate route must be prepared properly. In the context of foreign worker utilization, Government Regulation No. 34 of 2021 governs employers’ obligations and prohibitions, RPTKA approval, issuance of stay permits for foreign workers, reporting, supervision, and administrative sanctions. Source: peraturan.bpk.go.id
Minister of Manpower Regulation No. 8 of 2021 also explains that a foreign worker is a foreign national holding a visa for the purpose of working within Indonesia, and that the RPTKA is a plan for employing foreign workers in particular positions for specified periods. Source: jdih.kemnaker.go.id
In other words, if the foreign national will work, the company needs to check whether an RPTKA, work visa, and Limited Stay Permit are required. It should not wait until the foreign national is already actively working. The process should begin before employment activities start.
Can a Visit Visa Be Converted to ITAS?
In certain circumstances, a visit stay permit can be converted to a Limited Stay Permit. However, not all visit stay permits are convertible. Immigration explains that visit stay permits (ITK) originating from Visa on Arrival and Visa Exemption cannot be converted to other stay permits. Source: imigrasi.go.id
The company therefore needs to check the foreign national’s visa type from the outset. It should not assume that every visit visa can be corrected midway. If the purpose is work from the beginning, preparing the appropriate work authorization route is safer.
Experience Handling Foreign National and Foreign Worker Compliance
JHY Legal handles immigration, corporate actions, and regulatory licensing through an approach extending beyond filling in forms. For foreign nationals arriving on visit visas, the review usually starts with the purpose of arrival, relationship with the company, planned activities, sponsor status, and whether there is an element of work. This often intersects with Investor KITAS / KITAP, Expatriate Work Permits (RPTKA), Multiple Entry Visas, compliance audits for foreign workers, changes to directors & commissioners, NIB & OSS compliance, sectoral licensing, and operational permits. In practice, problems often arise because documents appear simple while actual activities have changed. For example, a foreign national initially comes for meetings and is later asked to assist operations, train staff, or represent the company. Mapping risks early helps the company choose a more appropriate visa and stay permit route before activities progress too far.
Checklist Before Inviting a Foreign National to Indonesia
Before sending an invitation or arranging arrival dates, the company can use the following simple checklist.
- Clearly define the purpose of the foreign national’s arrival.
- Check the visa type suitable for the intended activities.
- Ensure the foreign national is not asked to work before appropriate permits are completed.
- Avoid paying fees, commission, or compensation where the visa does not allow it.
- Ensure the sponsor or guarantor understands their responsibilities.
- Keep the agenda, invitation letter, and supporting documents in order.
- If activities change into work, promptly review RPTKA, work visa, and ITAS requirements.
JHY Legal can help companies assess whether foreign nationals’ activities remain within the scope of a visit or require a work authorization route. This review is particularly important for companies that frequently receive prospective investors, foreign consultants, technicians, trainers, foreign directors, or overseas experts.
Closing
A visit visa can be appropriate for short business needs, such as meetings, negotiations, site visits, or partnership discussions. However, it must not be used as a shortcut to begin work in Indonesia without the proper authorization.
For companies, orderly preparation helps prevent risks of inspections, deportation, permit cancellation, and operational disruption. Reviewing activities early is preferable to correcting problems after the foreign national has already begun active work.
A practical step you can take now is to list the foreign national’s activities while in Indonesia. Separate visiting activities from those resembling work. If any area is unclear, review the permits before agreeing on invitation letters, contracts, or work schedules.
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