Whenever evaluating the visa needs, spend specific attention when you look at the rules (above) to

Whenever evaluating the visa needs, spend specific attention when you look at the rules (above) to

Relevant Laws

Pasal 54 b. keluarga karena perkawinan campuran;

Pasal 60 (2) Untuk Izin that is mendapatkan Tinggal bagi pemohon sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf b diberikan setelah usia perkawinannya mencapai 2 (dua) tahun dan menandatangani Pernyataan Integrasi kepada Pemerintah Republik Indonesia.

Pasal 141 b. suami atau istri dari perkawinan yang sah dengan warga negara Indonesia yang usia perkawinannya lebih dari 2 (dua) tahun dan memegang Izin Tinggal terbatas berdasarkan Undang-Undang Nomor 9 Tahun 1992 tentang Keimigrasian dapat langsung diberikan Izin Tinggal Tetap menurut ketentuan Undang-Undang ini;

Pasal 143 Pada saat Undang-Undang ini mulai berlaku, peraturan pelaksanaan dari Undang-Undang Nomor 9 Tahun 1992 tentang Keimigrasian (Lembaran Negara Republik Indonesia Tahun 1992 Nomor 33, Tambahan Lembaran Negara Republik Indonesia Nomor 3474) dinyatakan masih tetap berlaku sepanjang tidak bertentangan atau belum diganti dengan yang baru berdasarkan Undang-Undang ini.

Pasal 145 Undang-Undang ini mulai berlaku pada tanggal diundangkan.

Place altogether, with all the complete conditions, which means that:

If you’re lawfully hitched to an Indonesian partner for longer than two years (and also have the documents to show it) and therefore you already hold an ITAS sponsored by the Indonesian spouse pursuant into the old UU 9/1992, you might be qualified to receive a sudden transformation of the ITAS into an ITAP.

The moment what the law states had been signed/legalized, it arrived into force, changing UU 9.

Step one: Starting the Conversion to ITAP Process

After having filled all of the papers listed above it’s possible to begin the first faltering step: the application form towards the Kantor Imigrasi.

For the application, you shall be first be gotten by way of a petugas associated with Seksi Statuskim. She or he will say to you if your papers are complete or you need extra papers or you must have some of the documents legalized or translated. This official’s part would be to confirm in the event the file is complete. It could take duplicated visits to explain your legal rights underneath the brand new law (towards the official) and establish which you have all the mandatory papers to get rid of the verification action.

As soon as all papers are finished you’re going to be directed to your Seksi Wasdakim, for the interview that is possible. The part of this Seksi Wasdakim in this application procedure would be to confirm the dependability of one’s sponsor, to check on if you should be perhaps maybe maybe not blacklisted and also to always check your tasks in Indonesia. They might interview you and/or your sponsor to understand what you are carrying out, to check on in the event that you as well as your sponsor are economically dependable. They might make inquiries regarding the wedding, young ones, etc. They could also make a call towards the target you have actually provided on your own application to ensure that you do really together live there together with your partner. This would be a not too difficult action. The moment the top for this section indications every one of the kinds in your file, your instance will check out the desk that is next. Theoretically, the Seksi Wasdakim cannot do much to delay the job if:

  • Your entire wedding papers come in purchase.
  • You or your partner can show an income that is adequate.
  • You aren’t working illegally

The above mentioned would be the just three points that would be argued in this part. If, somebody into the Seksi Wasdakim asks about how precisely you will fund your 5 year stay, you might point out article 61 associated with the immigration UU 6/2011:

Pasal 61
Pemegang Izin Tinggal terbatas sebagaimana dimaksud dalam Pasal 52 huruf ag e dan huruf f dan pemegang Izin Tinggal Tetap sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf b dan huruf d dapat melakukan pekerjaan dan/atau usaha untuk memenuhi kebutuhan hidup dan/atau keluarganya.

Article 61
The owner of a short-term Residence license as meant in Article 52 letter ag ag e and letter f as well as the owner of a Permanent Residence Permit as meant in Article 54 paragraph (1) page b and page d may work and/or do company to produce a full time income for him/herself and/or with regards to family members.

You can easily definitively say something similar to: “i’ve personal earnings, however with the views authorized by the law that is new I want to spend money on Indonesia.“

As soon as your application is endorsed by the Kasi Wasdakim, acknowledging that no nagging dilemmas have now been found together with your sponsor or your self, the file goes back once again to the Seksi Statuskim. At this stage, the Kasi Statuskim will need to compose a page of suggestion to be signed by the Kakanim. This page of suggestion, after being finalized by the Kakanim is going to be gone back to the Seksi Statuskim that may officially have to alert DitJenIm that an ITAP application happens to be started.

The Kasi Statuskim provides you with the page of suggestion become taken to the KanWil. They might additionally opt to deliver it on their own, but without an amazing motivation that is financial they are going to probably enable you to end up being the courier. This envelope ought to include:

  • The page of suggestion
  • A duplicate of most your write-ups (whatever you have already been provided to them, application forms, page of sponsor, wedding certification, etc.)

Conditions for the 2011 Immigration legislation

Down load the Immigration Law – in Bahasa Indonesia

Download FAQ sheet through the Tim Advokasi Perkawinan Campuran (APAB – PerCa) – English – Bahasa

There’s been lots of BUZZ about the passing of the brand new immigration legislation (which replaced the 1992 Immigration Law), and exactly how it affects blended nationality partners residing in Indonesia.

Keep in mind, this Immigration Law is certainly not especially about mixed partners, that are addressed in 5 or 6 articles only, out from the 140+ within the legislation! The components highlighted below just cover those legally married to Indonesians or kids of blended marriages.

A few of the shows of this new legislation include:

  • An Izin Tinggal Tetap (ITAP) may be granted to a international partner after a period of 2 yrs of wedding. This can be a change that is significant. The ITAP is released initially for 5 years after which is going to be renewed for the limitless duration. The ITAP owner will simply be asked to are accountable to the immigration workplace as soon as every 5 years for an „administrative renewal“ — for free — instead of the yearly renewal currently needed. Nevertheless, beneath the brand brand new costs schedule announced in July 2014, the charge for the renewal following the very first 5 years is likely to be an extremely rp that is hefty!! Note: the international spouse still needs to obtain an ITAS for the first couple of several years of your wedding.
  • Foreigners who’ve been hitched to A indonesian resident can keep their residency license even with a breakup or even the loss of the WNI partner. They have been expected to have guarantor that is a citizen that is indonesian.
  • Appropriate of residency (ITAP) for kiddies created from a blended wedding, regardless if they pick a foreign citizenship past their eighteenth birthday celebration. The Citizenship Law (UU No. 12 Tahun 2006) awarded twin citizenship to young ones created from blended marriage, nonetheless they needed to choose from their international or Indonesian citizenship, together with no appropriate method to stay in Indonesia (unless they found an organization to sponsor the visa for work purposes). It is a POPULAR change that is positive based on the 2006 Citizenship Act. Even in the event our young ones decide to just just take regarding the international nationality past their twenty-first birthday celebration, they’re going to now be in a position to stay in Indonesia by having a Residency license.
  • This law doesn’t change/affect limitations on ownership of home by expats, as this is certainly governed by the Agrarian legislation.
  • You will definitely nevertheless require a permit that is exit/re-entry leave Indonesia and get back in your visa duration.
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  • Regardless of Article 61 when you look at the New Immigration Law, foreigners hitched to Indonesians are still maybe perhaps not permitted to be used by any appropriate entity without a work license given by Depnakertrans. They might work just on a friendly foundation as self-employed professionals or operate a business that is small.
  • It’s possible for a spouse that is foreign a work license from an organization to transform from the company-sponsored ITAS up to a spouse-sponsored ITAP, so long as the couple happens to be hitched for at the very least couple of years. This requires a big change of status (alih status) in place of a big change of guarantor (alih sponsor) as it is explained in Surat Edaran Alih reputation ITAS ke ITAP No IMI-2971-GR.01.13 Tahun 2013.

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