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 diundangkan that is tanggal.
Place completely, using the complete provisions, this means:
If you are lawfully hitched to an Indonesian spouse for longer than 24 months (and also have the documents to prove it) and therefore you currently hold an ITAS sponsored by the Indonesian partner pursuant towards the old UU 9/1992, you might be qualified to receive an instantaneous transformation of one’s ITAS into an ITAP.
The moment what the law states was 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 list above you’ll be able to begin the step that is first the application form towards the Kantor Imigrasi.
For your application, you will be first be gotten by a petugas of this Seksi Statuskim. She or he will say to 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 role would be to validate in case the file is complete. It could take duplicated visits to simplify your legal rights underneath the brand new legislation (to your official) and establish which you have all the required documents to get rid of the verification action.
When all papers are finished you’ll be directed into the Seksi Wasdakim, for a feasible meeting. The role associated with the Seksi Wasdakim in this application procedure would be to confirm the dependability of the sponsor, to check on if you’re perhaps maybe perhaps 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 along with your sponsor are economically reliable. They might make inquiries regarding the wedding, children, etc. They could even make a call to your target you have provided on the application to ensure which you do really together live there along with your partner. This would be described as a not too difficult action. The moment the pinnacle for this section indications all of the kinds in your file, your situation will check out the next desk quickly. Technically, the Seksi Wasdakim cannot do much to postpone the application if:
- All of your marriage papers come in purchase.
- You or your partner can show a sufficient earnings.
- You aren’t working illegally
The above mentioned would be the just three points that would be argued in this area. If, somebody into the Seksi Wasdakim asks about how precisely you will finance 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 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 Permit as meant in Article 52 letter ag ag ag e and page f and also the owner of the Permanent Residence license as meant in Article 54 paragraph (1) page b and page d may work and/or do company to give an income for him/herself and/or with regards to household.
You are able to definitively state something similar to: “i’ve my personal earnings, however with the views authorized by the brand new law, we intend to purchase 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 goes back into the Seksi Statuskim. At this time, the Kasi Statuskim will need to compose a page of recommendation become signed by the Kakanim. This page of suggestion, after being finalized because of the Kakanim is going to be came back towards the Seksi Statuskim that will need to formally alert DitJenIm that the ITAP application was started.
The Kasi Statuskim provides you with the page of suggestion become taken to the KanWil. They could additionally choose to deliver it by themselves, but without a considerable motivation that is financial they will certainly most likely allow you to end up being the courier. This envelope will include:
- The page of suggestion
- A duplicate of most your articles (whatever you have now been fond of them, application forms, 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’s been plenty of BUZZ about the passage of the brand new immigration legislation (which replaced the 1992 Immigration Law), and just how it impacts blended nationality partners staying in Indonesia.
Keep in mind, this Immigration Law just isn’t particularly about blended partners, that are addressed in 5 or 6 articles just, 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 for the law that is new:
- An Izin Tinggal Tetap (ITAP) could be granted up to a international partner after a duration of 2 yrs of wedding. This is certainly a change that is significant. The ITAP is released initially for 5 years and then is likely to be renewed for the period that is unlimited. The ITAP owner is only going to have to are accountable to the immigration workplace as soon as every 5 years for the renewal that is”administrative — for free — as opposed to the yearly renewal currently required. Nevertheless, underneath the brand new costs schedule announced in July 2014, the charge for the renewal following the very very first 5 years would be a tremendously rp that is hefty!! Note: the international partner nevertheless needs to get an ITAS for the first two several years of your wedding.
- Foreigners who’ve been hitched to A indonesian resident can maintain their residency license even with a divorce proceedings or the loss of the WNI partner. They have been needed to have guarantor that is a citizen that is indonesian.
- Appropriate of residency (ITAP) for the kids created from the marriage that is mixed no matter if they pick a international citizenship past their eighteenth birthday celebration. The Citizenship Law (UU No. 12 Tahun 2006) provided double citizenship to children created from blended wedding, nonetheless they needed to choose from their international or Indonesian citizenship, and had no legal solution to stay in Indonesia (unless they discovered an organization to sponsor the visa for work purposes). This might be a significant change that is positive on the basis of the 2006 Citizenship Act. Even when our kids decide to just just take in the international nationality past their twenty-first birthday celebration, they are going to now nevertheless be in a position to stay static in Indonesia having a Residency license.
- This legislation does not change/affect limitations on ownership of home by expats, as that is governed by the Agrarian law.
- You are going to nevertheless require a permit that is exit/re-entry keep Indonesia and get back inside your visa duration.
- Notwithstanding Article 61 into the brand brand New Immigration Law, foreigners hitched to Indonesians are still perhaps perhaps not permitted to be used by any entity that is legal a work license released by Depnakertrans. They might work only on a casual foundation as self-employed professionals or operate a business.
- You are able for the spouse that is foreign a work license from an organization to transform from a company-sponsored ITAS up to a spouse-sponsored ITAP asian wife, so long as the few happens to be hitched for at the least couple of years. This requires a big change of status (alih status) in the place of 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.