When considering the visa needs, spend specific attention within the laws and regulations (above) to

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When considering the visa needs, spend specific attention within the laws and regulations (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.

Put altogether, using 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 partner pursuant to your old UU 9/1992, you will be entitled to an instantaneous transformation of the ITAS into an ITAP.

Once regulations ended up being signed/legalized, it arrived into force, replacing UU 9.

Step one: Starting the Conversion to ITAP Process

After having filled all of the papers mentioned above it will be possible to start out the first faltering step: the applying to your Kantor Imigrasi.

For the application, you will be first be gotten by way of a petugas of this Seksi Statuskim. He or she will inform you if all your valuable papers are complete or you require extra documents or you have to have some of the papers legalized or translated. This official’s part is always to validate in case the file is complete. It might take duplicated visits to simplify your liberties underneath the brand new legislation (towards the official) and establish you have got all the mandatory papers to get rid of the verification action.

When all documents are finished you are directed towards the Seksi Wasdakim, for a possible meeting. The part regarding the Seksi Wasdakim in this application procedure is always to confirm the dependability of the sponsor, to test if you should be maybe perhaps not blacklisted and also to look at your activities in Indonesia. They might interview you and/or your sponsor to understand just what you are carrying out, to check on in the event that you along with your sponsor are economically dependable. They may inquire regarding the wedding, children, etc. They might also make a trip towards the target you have actually given in your application to verify which you do really together live there along with your partner. This would be described as a step that is relatively easy. Once the top for this section indications every one of the kinds in your file, your situation will check out the desk that is next. Theoretically, the Seksi Wasdakim cannot do much to postpone the job if:

The aforementioned will be the just three points that would be argued in this part. If, some body when you look at the Seksi Wasdakim asks about how precisely you will fund your 5 stay, you could mention article 61 of the immigration UU 6/2011 year:

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 ag e and page f as well as the owner of the Permanent Residence license as meant in Article 54 paragraph (1) page b and letter d may work and/or do company to give a living for him/herself and/or with regards to family members.

You can easily definitively state something such as: “i’ve my personal earnings, however with the views authorized by the brand new legislation, we intend to spend money on Indonesia.»

As soon as your application is endorsed by the Kasi Wasdakim, acknowledging that no dilemmas have now been discovered along with your sponsor or your self, the file is certainly going returning to the Seksi Statuskim. At this time, the Kasi Statuskim will need to compose a page of suggestion to be finalized because of the Kakanim. This page of suggestion, after being finalized because of the Kakanim is likely to be gone back towards the Seksi Statuskim that will officially have to notify DitJenIm that an ITAP application was started.

The Kasi Statuskim provides you with the page of suggestion become taken to the KanWil. They could additionally opt to deliver it by themselves, but without a considerable economic inspiration, they are going to most likely allow you to function as courier. This envelope ought to include:

  • The page of suggestion
  • A duplicate of most your write-ups (what you happen directed at them, applications, page of sponsor, wedding certification, etc.)

Conditions of this 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 plenty of BUZZ about the passage through of the immigration that is new (which replaced the 1992 Immigration Law), and just how it impacts blended nationality partners located in Indonesia.

Keep in mind, this Immigration Law isn’t especially about blended partners, that are addressed in 5 or 6 articles just, from the 140+ within the law! The components highlighted below just cover those legitimately married to Indonesians or kids of mixed marriages.

A few of the features associated with the law that is new:

  • An Izin Tinggal Tetap (ITAP) are released to a spouse that is foreign a duration of 2 yrs of wedding. It is a significant modification. The ITAP is given initially for 5 years after which would be renewed for the limitless duration. The ITAP owner is only going to have to are accountable to the immigration workplace as soon as every 5 years for the «administrative renewal» — for free — rather than the yearly renewal currently needed. Nevertheless, beneath the brand brand brand new costs schedule announced in July 2014, the cost for the renewal following the very first 5 years is supposed to be a extremely hefty Rp 10,000,000!! Note: the international spouse nevertheless needs to get an ITAS when it comes to first couple of many years of your wedding.
  • Foreigners who’ve been hitched to a citizen that is indonesian keep their residency permit even with a breakup or even the loss of the WNI partner. These are generally expected to have guarantor who’s A indonesian resident.
  • Appropriate of residency (ITAP) for the kids created from the blended wedding, even in the event they pick an international citizenship past their eighteenth birthday. The Citizenship Law (UU No. 12 Tahun 2006) provided twin citizenship to children created from mixed wedding, nonetheless they had to select from their international or Indonesian citizenship, and had no appropriate option to stay static in Indonesia (unless they discovered a business to sponsor the visa for work purposes). This will be a significant positive modification, based on the 2006 Citizenship Act. No matter if our young ones decide to just just take in the nationality that is foreign their twenty-first birthday, they will certainly now nevertheless be in a position to stay in Indonesia with a Residency license.
  • This legislation does not change/affect limitations on ownership of home by expats, as that is governed by the Agrarian legislation.
  • You will definitely nevertheless require an exit/re-entry permit to keep Indonesia and get back inside your visa duration.
  • Regardless of Article 61 into the New Immigration Law, foreigners hitched to Indonesians are still perhaps maybe not permitted to be used by any entity that is legal a work license released by Depnakertrans. They could work just on a friendly foundation as self-employed professionals or operate a business that is small.
  • It’s possible for the international partner keeping a work license from a business to transform from a company-sponsored ITAS to a spouse-sponsored ITAP, provided the few happens to be hitched for at the least 2 yrs. This calls for an alteration of status (alih status) as opposed to a modification of guarantor (alih sponsor) as it is clarified in Surat Edaran Alih reputation ITAS ke ITAP No IMI-2971-GR.01.13 Tahun 2013.