Impact – Medium
What is the change? Indonesian immigration and labor authorities continue to provide conflicting advice on visa use upon arrival for business visits.
What does the change mean? Indonesian immigration authorities in various consulate posts recommend using visas upon arrival, but border authorities will refuse entry and labor authorities can impose fines for doing business with inappropriate visas.
Implementation time frame: In progress. Affected: Business travelers using a visa on arrival. Business Impact: If an entry is denied, business travelers will miss meetings, seminars and waste travel expenses. If the labor authorities impose a fine, we will receive legal assistance related to the costs of the penalty. Next Step: Companies should plan to get business travelers in advance when visiting Indonesia, check their travel policies and get a business visa in advance to ensure they are compliant.
Background: As Indonesian authorities have been strengthening their enforcement activities over the past few years, Bal has noticed an increase in the number of business travelers experiencing problems with Indonesian immigrants or labor authorities when using visas on arrival.
Some Indonesian embassies advise on their web pages that visas on arrival may be used for business visits. However, if the purpose of the visit is business-related, the border immigration office may refuse entry, and Immigration officials say that visas on arrival are intended for tourist use only. Indonesian labor authorities are also continuing to crack down on foreign labor authorities working without a permit, detaining and sometimes detaining foreign business visitors to carry out business activities without holding a business visa.
An additional consideration is that the visa on arrival is not directly sponsored by the Indonesian company, so Indonesian employers and their business partners do not have positions with authorities acting on behalf of foreigners. This can hinder efforts to assist in emergencies, especially when foreigners are detained.
BAL analysis: Conflict information provided by immigration and labor authorities has caused confusion over whether visas on arrival can be used for business visits. In the current enhanced enforcement environment, Bal recommends that you always use the appropriate business visa when traveling to Indonesia for business.
This alert is provided by the BAL Global Practice Group and its network partners in Indonesia. For more information, please contact Bal Attorney.
Copyright©2016 Berry Appleman & Leiden LLP. Unauthorized reproduction is prohibited. Reprinting or digitally redistribution to the public is permitted only by express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
