When examining the visa demands, spend specific attention when you look at the statutory laws(above) to
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 yang that is perkawinan 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, because of the complete conditions, this means:
If you should be legitimately hitched to an Indonesian partner for over a couple of years (and also have the paperwork to show it) and that you currently hold an ITAS sponsored by the Indonesian partner pursuant towards the old UU 9/1992, you may be entitled to a sudden transformation of the ITAS into an ITAP.
When what the law states ended up being signed/legalized, it arrived into force, changing UU 9.
Step one: Starting the Conversion to ITAP Process
After having filled most of the papers in the above list it will be easy to start out the first rung on the ladder: the program towards the Kantor Imigrasi.
For the application, you shall be first be gotten with a petugas regarding the Seksi Statuskim. She or he will let you know if your entire papers are complete or you require extra papers or you must have some of the papers legalized or translated. This official’s part would be to validate in the event the file is complete. It could take duplicated visits to make clear your liberties underneath the brand new law (into the official) and establish which you have all the mandatory papers to finish the verification step.
As soon as all papers are finished you are directed to your Seksi Wasdakim, for a feasible meeting. The part regarding the Seksi Wasdakim in this application process is always to validate the dependability of one’s sponsor, to test if you should be perhaps maybe not blacklisted and also to always check your tasks in Indonesia. They might interview you and/or your sponsor to understand just what you are carrying out, to test in the event that you as well as your sponsor are economically dependable. They may make inquiries regarding your marriage, young ones, etc. They might also make a call towards the target you have actually provided in your application to verify which you do actually live here together together with your partner. This will be described as a not too difficult action. The moment your head for this section indications all of the types in your file, your instance will go to the next desk quickly. Theoretically, the Seksi Wasdakim cannot do much to delay the application if:
- All your valuable marriage papers come in purchase.
- You or your better half can show a sufficient earnings.
- You aren’t working illegally
The above mentioned will be the just three points that might be argued in this area. If, somebody within 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:
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 dan/atau keluarganya that is hidup.
The owner of a short-term Residence license as intended in Article 52 letter ag ag e and page f as well as the owner of a Permanent Residence license as meant in Article 54 paragraph (1) page b and page d may work and/or do company to deliver a full time income for him/herself and/or with regards to family members.
You are able to definitively state something similar to: “I have personal earnings, however with the views authorized by the brand new legislation, we intend to purchase Indonesia.»
As soon as your application is endorsed by the Kasi Wasdakim, acknowledging that no dilemmas have already been found together with your sponsor or your self, the file goes back into the Seksi Statuskim. At this time, the Kasi Statuskim will need to compose a page of suggestion to be finalized by the Kakanim. This page of suggestion, after being finalized by the Kakanim is going to be gone back to your Seksi Statuskim that may need certainly to officially alert DitJenIm that an ITAP application happens to be started.
The Kasi Statuskim provides you with the page of suggestion become delivered to the KanWil. They could also choose to deliver it by themselves, but without an amazing motivation that is financial they are going to most likely allow you to function as the courier. This envelope ought to include:
- The page of suggestion
- A duplicate of all your articles (what you happen directed at them, applications, page of sponsor, wedding certification, etc.)
Conditions associated with 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 passage through of the immigration that is new (which replaced the 1992 Immigration Law), and exactly how it impacts blended nationality partners residing in Indonesia.
Remember, this Immigration Law is certainly not especially about blended partners, that are addressed in 5 or 6 articles just, from the 140+ within the legislation! The components highlighted below only cover those legitimately married to Indonesians or young ones of blended marriages.
A few of the features for the brand new legislation include:
- An Izin Tinggal Tetap (ITAP) could be released up to a spouse that is foreign an amount of 2 yrs of wedding. This really is a change that is significant. The ITAP is granted initially for 5 years after which will likely be renewed for the period that is unlimited. The ITAP owner will only have to are accountable to the immigration workplace when every 5 years for an renewal that is»administrative — for free — as opposed to the yearly renewal currently needed. Nonetheless, underneath the brand new charges schedule announced in July 2014, the fee for the renewal following the very first 5 years would be a tremendously hefty Rp 10,000,000!! Note: the foreign partner nevertheless has to get 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 perhaps the loss of the WNI partner. They have been necessary to have guarantor that is A indonesian citizen.
- Appropriate of residency (ITAP) for the kids created from a marriage that is mixed even in the event they select a international citizenship past their eighteenth birthday celebration. The Citizenship Law (UU No. 12 Tahun 2006) awarded twin citizenship to young ones created from mixed marriage, nonetheless they had to select from their international or Indonesian citizenship, and had no appropriate solution to stay in Indonesia (unless they discovered an organization to sponsor the visa for work purposes). It is a PRINCIPAL positive modification, based on the 2006 Citizenship Act. Even when our young ones elect to just just take from the international nationality past their twenty-first birthday, they’re going to 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 this is certainly governed by the Agrarian legislation.
- You are going to nevertheless require a permit that is exit/re-entry keep Indonesia and get back in your visa period.
- Regardless of Article 61 when you look at the brand brand New Immigration Law, foreigners hitched to Indonesians are still perhaps maybe perhaps not permitted to be employed by any legal entity without a work license given by Depnakertrans. They might work just on a casual foundation as self-employed professionals or operate a small company.
- It will be possible for the spouse that is foreign a work license from a business to transform from the company-sponsored ITAS up to a spouse-sponsored ITAP, provided the few happens to be married for at the very least 2 yrs. sweetbrides.net/ This calls for an alteration of status (alih status) instead of a big change of guarantor (alih sponsor) as it is clarified in Surat Edaran Alih reputation ITAS ke ITAP No IMI-2971-GR.01.13 Tahun 2013.