On 22 August 2023, Indonesia introduced its ‘Golden Visa’ scheme. Under Minister of Law and Human Rights (MOLHR) Regulation No. 22 of 2023 on Visas and Stay Permits (Reg 22/2023), foreign investors may be eligible for visas lasting up to five or ten years, depending on the value of their planned investment in Indonesia.
Golden Visa
A 'Golden Visa' is a visa type (in the form of a limited stay visa, limited stay permit, permanent stay permit, or a re-entry permit for a certain period) which is granted for up to five or 10 years to, amongst others, individual foreign investors who:
- intend to set up a local company;
- do not intend to set up a local company but intend to invest in Indonesian government bonds or shares or mutual funds of publicly listed companies in Indonesia; or
- are directors or commissioners of a local branch or subsidiary of a foreign company (with a cap of ten people per company),
subject to satisfaction of relevant investment-related requirements.
Apart from having a longer visa validity (compared to a limited stay visa which is typically valid for up to two years), Golden Visa holders will also enjoy other benefits:
- priority lane at Immigration Checkpoints designated by the MOLHR;
- priority services at the Immigration Office; and
- priority services from related government agencies and ministries based on a cooperation agreement.
Investment-related Requirements
Unlike a limited stay visa, a Golden Visa does not require a guarantor (such as the employer) to support the application. However, proof of commitment to invest (known as an 'Immigration Guarantee') is required, as set out in the accompanying table.
Type of activities | Duration of visa | Immigration Guarantee required |
Carrying out activities as a foreign investor in Indonesia by setting up a company in Indonesia | Up to 5 years | commitment to establish a company in Indonesia with shares valued at, or an investment value of, at least US$2.5 million, which must be satisfied within 90 days after the visa is granted. |
Up to 10 years | commitment to establish a company in Indonesia with shares valued at, or an investment value of, at least US$5 million, which must be satisfied within 90 days after the visa is granted. | |
Carrying out activities as a foreign investor in Indonesia that do not involve setting up a company in Indonesia
|
Up to 5 years | commitment to invest at least US$350,000 into Indonesian government bonds or shares or mutual funds of publicly listed companies in Indonesia, which must be satisfied within 90 days after the visa is granted. |
Up to 10 years | commitment to invest at least US$700,000 into Indonesian government bonds or shares or mutual funds of publicly listed companies in Indonesia, which must be satisfied within 90 days after the visa is granted. | |
Acting as a director or commissioner of a branch or subsidiary of a foreign company | Up to 5 years | commitment from the foreign company to set up a branch or subsidiary in Indonesia with an investment value of at least US$25 million, which must be satisfied within 90 days after the visa is granted. |
Up to 10 years | commitment from the foreign company to set up a branch or subsidiary in Indonesia with an investment value of at least US$50 million, which must be satisfied within 90 days after the visa is granted. |
Key Takeaway
The Golden Visa should both attract high net worth individuals considering investing and residing in Indonesia and improve the ease of doing business here for foreign companies. Note, however, that the immigration office will carry out annual evaluations to ensure that Golden Visa holders continue to satisfy the specified criteria, meaning that visa holders must remain compliant.
Key contacts
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.