Best Residence by Investment Lawyers in Bali

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Vidhi Law Office
Bali, Indonesia

Founded in 2001
60 people in their team
English
Vidhi Law Office is a full-service Indonesian law firm based in Kuta, Bali with an established presence in Lombok. Founded by Peter Johnson in 2001, the firm has developed more than 20 years of experience across commercial, property, civil, criminal and immigration matters and provides specialist...
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1. About Residence by Investment Law in Bali, Indonesia

Residence by Investment in Bali is governed by Indonesia’s national immigration and investment laws rather than a Bali-specific program. In practice, foreigners seeking long-term stays tied to business activity typically pursue KITAS (Kartu Izin Tinggal Terbatas) or KITAP (Kartu Izin Tinggal Tetap) through investment-related eligibility. Bali itself does not create its own separate residency regime, but it is a hotspot for PMA (foreign-invested) ventures that may enable residency pathways.

The standard pathway involves establishing a foreign-owned company (PT PMA) and securing appropriate immigration sponsorship for the foreign directors and key staff. Legal counsel can help with regulatory compliance, licensing, and the alignment of corporate and immigration steps to minimize risk of visa interruptions. In Bali, as in other Indonesian locations, the national framework governs eligibility, documentation, and renewals.

For accuracy and up-to-date requirements, rely on official sources for KITAS, KITAP, and investment licensing. These processes are subject to regulatory changes, so engaging a qualified Indonesian immigration attorney (advokat) or foreign investment solicitor (pengacara) is prudent. Bali-based firms often partner with national specialists to navigate local implementation nuances.

Official guidance confirms that KITAS provides temporary stay for foreign nationals and KITAP offers permanent stay, with sponsorship often tied to employment or investment activity. See Indonesian Directorate General of Immigration materials for details.

Key terms you may encounter include PMA (Penanaman Modal Asing), ITAS (Izin Tinggal Terlisib) variations, and KITAP upgrades after investment and compliance. The landscape evolves through new regulations and implementing rules issued by ministries and the immigration authority.

Useful context from government resources helps set expectations about timelines, costs, and required documentation for Bali applicants and investors alike.

2. Why You May Need a Lawyer

In Bali, residency by investment involves multiple interconnected steps that a lawyer can coordinate. Here are concrete, real-world scenarios where a Bali-focused immigration attorney adds clear value.

  • A foreign entrepreneur plans to establish a PMA in Bali to run a boutique resort and needs ITAS/ITAP sponsorship for the director and senior staff while securing the necessary investment licenses from BKPM.
  • You want to sponsor your spouse and children under family-based KITAP or KITAS extensions, and you require precise document routing and filing strategies by a local solicitor.
  • Your KITAS is due for renewal, and you must navigate latest immigration policy updates and required documentation to avoid lapse or cancellation.
  • You are purchasing or leasing land or property for a Bali business and must address land ownership restrictions for foreigners under UUPA through compliant arrangements like Hak Pakai or long-term leases.
  • Your investment plan involves cross-border funds and tax considerations; a lawyer helps with cross-border documentation, reporting, and regulatory compliance to prevent penalties.
  • You face a potential immigration enforcement action or visa cancellation and need timely, strategic representation to preserve status and rights in Indonesia.

3. Local Laws Overview

Residence by Investment in Bali operates under national Indonesian laws and implementing regulations. Here are two to three core legal frameworks that commonly affect investment-based residency paths.

  • Law No. 6 of 2011 on Immigration (as amended and supplemented by later regulations). This law provides the structure for visas, temporary stay permits, and permanent residence options for foreigners in Indonesia, including processes related to KITAS and KITAP. Effective dates and subsequent implementing rules are updated by ministerial regulations and immigration directives.
  • Law No. 25 of 2007 on Investment (as amended by Law No. 11 of 2020 on Job Creation, often called the Omnibus Law). This legislation governs foreign investment licensing, PMA approvals, and related regulatory processes that support investor residency pathways when investment criteria are met. The Omnibus Law introduced broad changes to investment and employment rules in Indonesia.
  • Other implementing regulations and regulations on residency for investors, including ministerial and regulatory updates under the immigration and investment frameworks. As these rules change, official sources provide the current text and guidance (for example, official regulation portals and immigration notices).

Recent trends show the government periodically revises visa and investment rules to clarify sponsorship pathways for investors and streamline licensing. To ensure accuracy, consult the official texts and current guidance from government portals before filing.

Notes on legality of property and residency: Foreigners cannot own freehold land in Indonesia. They may hold rights such as Hak Pakai (right to use) under specific arrangements or lease land for business purposes, often via local partnerships. See official regulation portals for the exact scopes and limitations.

Under the UUPA framework, foreign ownership of freehold land is restricted; foreigners commonly obtain land rights through lease or Hak Pakai arrangements, subject to regulatory compliance.

4. Frequently Asked Questions

What is Residence by Investment in Bali and how does it work?

Residence by Investment in Bali relies on the Indonesian immigration framework tied to foreign investment. It usually means obtaining KITAS or KITAP through a qualifying investment or employment arrangement.

How do I apply for an investor KITAS in Bali?

You typically apply through a sponsored employer or PMA company with proper licensing. Applications go through the Directorate General of Immigration with supporting investment documents.

Do I need a local company to sponsor my KITAS in Bali?

Most investor pathways require a sponsor. A PMA with a legitimate business activity is the common route for sponsorship of a foreign director or key personnel.

How long does the residency process take in Bali?

Processing times vary by visa type and case complexity. KITAS often takes several weeks to a few months, while KITAP can take longer depending on documentation and regulatory updates.

What is the cost of residency by investment in Bali?

Costs include government fees, attorney fees, and business licensing costs. Exact figures depend on visa type, number of dependents, and the investment structure.

Do I need to be physically present in Bali to apply for residency?

Physical presence is not always required for initial filings, but some steps and biometrics collection may occur in Indonesia or at consulates, depending on the filing path.

Is there a minimum investment threshold for an investor KITAS?

Investment thresholds are defined by the investment regulations and PMA licensing criteria. They are not fixed across all cases and can depend on sector and project scale.

What is the difference between KITAS and KITAP?

KITAS is a temporary stay permit for a defined period, while KITAP is a permanent stay permit. KITAP may be achievable after meeting investment and residency requirements over time.

Can family members join the investor's KITAS or KITAP?

Yes, spouses and children can often be included as dependents, subject to meeting policy requirements and appropriate sponsorship documents.

Should I hire a Bali-based lawyer for Residence by Investment matters?

Yes. A Bali-based solicitor or advokat with immigration and investment experience improves filing accuracy and compliance with local procedures.

Do I need a local Balinese address for residency applications?

Address information is typically required for correspondence and local registrations; a registered address in Bali is common for PMA and immigration processes.

5. Additional Resources

These official resources provide authoritative guidance on residency, investment licensing, and Indonesian regulations.

  • Directorate General of Immigration (Indonesia) - Official government portal for visa types, KITAS, KITAP, and stay permits. https://www.imigrasi.go.id
  • Investment Coordinating Board (BKPM) - Primary agency for PMA licensing, investment approvals, and related guidance for foreign investment. https://www.bkpm.go.id
  • Regulations Portal (Peraturan.go.id) - Official repository for Indonesian laws and regulations, including Immigration and Investment statutes and amendments. https://peraturan.go.id

6. Next Steps

  1. Define your residency goals and preferred Bali location, budget, and timeline. Document this in a simple brief you can share with a lawyer.
  2. Gather key documents you will need for testimony, corporate licensing, and immigration applications (passport copies, business licenses, financial statements, and family documents).
  3. Identify Bali-based advokats or pengacara with immigration and PMA experience. Verify bar membership and client experience in residency matters.
  4. Schedule at least 2 consultations to compare approaches, timelines, and fee structures. Prepare a list of questions about KITAS, KITAP, and property considerations in Bali.
  5. Ask for a written engagement letter or retainer with a clear scope, milestones, and estimated costs. Confirm payment terms and potential additional charges.
  6. Obtain written estimates of processing times from the lawyer and the immigration authorities. Align your plan with BKPM licensing timelines if establishing a PMA.
  7. Proceed with a tailored plan, sign necessary powers of attorney and security arrangements, and begin the filing process under the lawyer’s supervision.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.