Relevant Laws

Pasal 54 b. keluarga karena perkawinan campuran;

Pasal 60 (2) Untuk mendapatkan Izin Tinggal Tetap 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 altogether, aided by the provisions that are full which means that:

If you should be lawfully married to an Indonesian partner for over two years (and also have the documents to show it) and that you currently hold an ITAS sponsored by the Indonesian partner pursuant into the old UU 9/1992, you may be qualified to receive an instantaneous transformation of the ITAS into an ITAP.

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

Step one: Starting the Conversion to ITAP Process

After having filled most of the papers in the list above it will be possible to start out the step that is first the application form into the Kantor Imigrasi.

For the application, you shall be first be gotten with a petugas of this Seksi Statuskim. He or she will inform you if your papers are complete or if you require extra papers or you must have some of the papers legalized or translated. This official’s part would be to confirm in case your file is complete. It might take duplicated visits to explain your liberties beneath the brand new legislation (to your official) and establish which you have got all the mandatory papers to get rid of the verification action.

As soon as all papers are completed you’ll be directed to your Seksi Wasdakim, for a feasible meeting. The part of this Seksi Wasdakim in this application procedure would be to validate the dependability of the sponsor, to test if you’re perhaps perhaps perhaps not blacklisted and also to look at your tasks in Indonesia. They may interview you and/or your sponsor to understand exactly what you are carrying out, to check on in the event that you along with your sponsor are economically dependable. They may make inquiries regarding your wedding, children, etc. They might also make a trip into the address you have actually provided in your application to ensure which you do really together live there with your partner. This will be considered a not too difficult step. The moment your head with this section signs every one of the types in your file, your instance will go to the next desk quickly. Theoretically, the Seksi Wasdakim cannot do much to postpone the application if:

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

The above mentioned will be the only three points that would be argued in this part. If, some body into the Seksi Wasdakim asks about how precisely you are likely to 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 holder of a short-term Residence Permit as meant in Article 52 letter ag ag e and page f and also the owner of a residence that is permanent as meant in Article 54 paragraph (1) page b and letter d may work and/or do company to present an income for him/herself and/or for their household.

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

As soon as your application is endorsed by the Kasi Wasdakim, acknowledging that no nagging issues have now been discovered along with your sponsor or your self, the file is certainly going back once again to the Seksi Statuskim. The Kasi Statuskim will have to write a letter of recommendation to be signed by the Kakanim at this point. This page of suggestion, after being signed by the Kakanim is going to be came back to your Seksi Statuskim that will officially have to alert DitJenIm that an ITAP application was started.

The Kasi Statuskim will provide you with the letter of suggestion become taken to the KanWil. They might additionally opt to deliver it by themselves, but without a considerable monetary motivation, they are going to most likely allow you to function as the courier. This envelope will include:

• The letter of suggestion
• A duplicate of most your articles (what you have now been directed at them, application forms, page of sponsor, ukrainian brides wedding certification, etc.)

Conditions of this 2011 Immigration legislation

Down load the Immigration Law – in Bahasa Indonesia

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

There is lots of BUZZ about the passage of the immigration that is new (which replaced the 1992 Immigration Law), and exactly how it affects blended nationality partners located in Indonesia.

Keep in mind, this Immigration Law just isn’t especially about blended partners, which 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 lawfully married to Indonesians or young ones of blended marriages.

A few of the shows of this law that is new:

• An Izin Tinggal Tetap (ITAP) could be granted up to a international spouse after a period of 2 yrs of wedding. This will be a change that is significant. The ITAP is granted initially for 5 years after which are going to be renewed for an limitless duration. The ITAP holder will simply have to are accountable to the immigration workplace when every 5 years for the “administrative renewal” — for free — rather than the yearly renewal currently needed. But, beneath the new costs schedule announced in July 2014, the charge for the renewal following the very very very first 5 years is a tremendously rp that is hefty!! Note: the foreign partner still has to get an ITAS when it comes to first couple of several years of your marriage.
• Foreigners who’ve been hitched to a citizen that is indonesian keep their residency license even with a divorce proceedings or perhaps the loss of the WNI partner. These are generally needed to have guarantor that is A indonesian resident.
• Appropriate of residency (ITAP) for young ones created from a marriage that is mixed even in the event they pick an international citizenship past their eighteenth birthday celebration. The Citizenship Law (UU No. 12 Tahun 2006) provided citizenship that is dual young ones created from blended wedding, nonetheless they had to choose from their international or Indonesian citizenship, and had no appropriate option to stay in Indonesia (unless they discovered a business to sponsor the visa for work purposes). This really is a VITAL change that is positive based on the 2006 Citizenship Act. Regardless if our kids elect to just just take from the international nationality past their twenty-first birthday celebration, they are going to now nevertheless be able 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 can expect to nevertheless require a permit that is exit/re-entry keep Indonesia and get back inside your visa duration.
• Notwithstanding Article 61 when you look at the brand brand New Immigration Law, foreigners hitched to Indonesians are still perhaps perhaps not permitted to be used by any appropriate entity without a work license released by Depnakertrans. They might work just on a casual foundation as self-employed professionals or operate a business that is small.
• It will be possible for the spouse that is foreign 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 couple of years. This calls for a modification of status (alih status) instead of an alteration of guarantor (alih sponsor) as is clarified in Surat Edaran Alih reputation ITAS ke ITAP No IMI-2971-GR.01.13 Tahun 2013.