Whenever evaluating the visa needs, spend particular attention within the 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.

Place completely, using the complete conditions, which means that:

That you already hold an ITAS sponsored by your Indonesian spouse pursuant to the old UU 9/1992, you are eligible for an immediate conversion of your ITAS into an ITAP if you are legally married to an Indonesian spouse for more than 2 years (and have the paperwork to prove it) and.

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 in the above list you’ll be able to begin the first faltering step: the application form to your Kantor Imigrasi.

For your application, you will be first be gotten by way of a petugas for the Seksi Statuskim. He or she will say to you if all your valuable documents are complete or you require extra papers or you must have some of the documents legalized or translated. This official’s part is always to confirm in the event the file is complete. It might take duplicated visits to make clear your rights underneath the law that is newto your official) and establish you have got all the required papers to get rid of the verification action.

When all papers are completed you will be directed into the Seksi Wasdakim, for the interview that is possible. The part of this Seksi Wasdakim in this application procedure is always to validate the dependability of the sponsor, to check on if you’re perhaps perhaps maybe not blacklisted and also to always check your tasks in Indonesia. They might interview you and/or your sponsor to learn just what you are carrying out, to test in the event that you along with your sponsor are economically dependable. They may make inquiries regarding the wedding, kids, etc. They could also make a trip to your target you have actually provided in your application to verify which you do really together live there along with your partner. This will be described as a not too difficult action. The moment your head for this section signs every one of the kinds in your file, your situation will go to the next desk quickly. Theoretically, the Seksi Wasdakim cannot do much to postpone the job if:

  • Your wedding papers come in purchase.
  • You or your partner can show a sufficient earnings.
  • You aren’t working illegally

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

Pasal 61
Pemegang Izin Tinggal terbatas sebagaimana dimaksud dalam Pasal 52 huruf ag 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 page f as well as the owner of the Permanent Residence Permit as intended 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 are able to definitively state something similar to: “i’ve my personal income, however with the views authorized by the brand new legislation, we 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 discovered along with your sponsor or your self, the file is certainly going back again to the Seksi Statuskim. At this time, the Kasi Statuskim will need to compose a page of suggestion become signed because of the Kakanim. This page of suggestion, after being finalized by the Kakanim will soon be gone back towards the Seksi Statuskim that may need certainly to officially alert DitJenIm that the ITAP application was started.

The Kasi Statuskim will provide you with the page of suggestion to be delivered to the KanWil. They might additionally choose deliver it on their own, but without an amazing motivation that is financial they’re going to most likely allow you to end up being the courier. This envelope will include:

  • The page of suggestion
  • A duplicate of most your write-ups (what you have now been provided to them, applications, page of sponsor, wedding certification, etc.)

Conditions regarding 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 is lots of BUZZ about the passage of the brand new immigration legislation (which replaced the 1992 Immigration Law), and exactly how it impacts mixed nationality partners surviving in Indonesia.

Keep in mind, this Immigration Law just isn’t particularly about blended partners, that are addressed in 5 or 6 articles just, out from the 140+ when you look at the legislation! The components highlighted below just cover those legitimately married to Indonesians or kiddies of blended marriages.

A number of the shows of this brand new legislation consist of:

  • An Izin Tinggal Tetap (ITAP) could be given to a international spouse after an amount of 2 yrs of wedding. This is certainly a significant change. The ITAP is granted initially for 5 years then will likely be renewed for the limitless period. The ITAP owner is only going to be asked to are accountable to the immigration workplace when every 5 years for the “administrative renewal” — for free — rather than the yearly renewal currently needed. Nevertheless, beneath the brand new charges schedule announced in July 2014, the charge for the renewal following the very very first 5 years are going to be a tremendously rp that is hefty!! Note: the international partner nevertheless has to have 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 divorce proceedings or even the loss of the WNI partner. They have been necessary to have guarantor that is A indonesian resident.
  • Appropriate of residency (ITAP) for the kids born from the mixed wedding, even when they look for an international citizenship past their eighteenth birthday celebration. The Citizenship Law (UU No. 12 Tahun 2006) issued double citizenship to children created from blended wedding, nevertheless they needed to select from their international or Indonesian citizenship, and had no appropriate option to stay in Indonesia (unless they discovered an organization to sponsor the visa for work purposes). It is a significant positive modification, based on the 2006 Citizenship Act. Even when our young ones elect to just just take in the international nationality past their twenty-first birthday celebration, they will certainly now be in a position to stay in Indonesia by having a Residency license.
  • This legislation does not change/affect limitations on ownership of home by expats, as this is certainly governed by the Agrarian legislation.
  • You can expect to nevertheless need an exit/re-entry license to keep Indonesia and get back inside your visa duration.
  • Regardless of Article 61 in the brand brand brand New Immigration Law, foreigners hitched to Indonesians are still maybe not permitted to be used by any entity that is legal a work permit granted by Depnakertrans. They might work just on a friendly foundation as self-employed professionals or operate a business.
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  • You are able for the international partner keeping a work license from an organization to transform from a company-sponsored ITAS to a spouse-sponsored ITAP, provided the few happens to be hitched for at the very least 2 yrs. This requires a modification of status (alih status) as opposed to a big change of guarantor (alih sponsor) as is clarified in Surat Edaran Alih reputation ITAS ke ITAP No IMI-2971-GR.01.13 Tahun 2013.