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 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.

Put all together, because of the provisions that are full 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 most of the papers in the list above it’s possible to begin the step that is first the program towards the Kantor Imigrasi.

For the application, you shall be first be gotten by way of a petugas of this Seksi Statuskim. He or she will say to you if all of your papers are complete or you require extra documents or if you have to have some of the documents legalized or translated. This official’s part would be to validate should your file is complete. It might take duplicated visits to simplify your liberties beneath the law that is newto your official) and establish you have got all the mandatory papers to get rid of the verification action.

As soon as all papers are finished you’re going to be directed towards the Seksi Wasdakim, for the interview that is possible. The part associated with the Seksi Wasdakim in this application procedure would be to validate the dependability of one’s sponsor, to check on if you should be 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 test in the event that you along with your sponsor are economically dependable. They might make inquiries regarding the wedding, kids, etc. They could also make a call into the target you have actually provided in your application to ensure which you do really together live there together with your partner. This would be described as a step that is relatively easy. When the top for this section indications every one of the types in your file, your situation 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 order.
• You or your partner can show a sufficient earnings.
• You’re not working illegally

The aforementioned will be the just three points that would be argued in this area. 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 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.

Article 61
The owner of a short-term Residence license as meant in Article 52 letter ag ag e and page f and also 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 present a full time income for him/herself and/or with regards to household.

You are able what is a bride to definitively state something similar to: “i’ve my very own earnings, however with the views authorized by the brand new legislation, we want 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 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 finalized because of the Kakanim is going to be gone back towards the Seksi Statuskim that will need to formally alert DitJenIm that the ITAP application is started.

The Kasi Statuskim provides you with the page of suggestion become delivered to the KanWil. They could additionally choose to deliver it by themselves, but without an amazing motivation that is financial they are going to probably allow you to end up being the courier. This envelope ought to include:

• The letter of suggestion
• A duplicate of most your articles (what you have already been provided to them, applications, page of sponsor, wedding certification, etc.)

Provisions for 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 law (which replaced the 1992 Immigration Law), and exactly how it impacts blended nationality partners residing in Indonesia.

Keep in mind, this Immigration Law is certainly not particularly about mixed couples, 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 kids of blended marriages.

A few of the shows associated with the brand new legislation consist of:

• An Izin Tinggal Tetap (ITAP) is given up to a international partner after a duration of 2 yrs of wedding. This is certainly a significant change. The ITAP is given initially for 5 years after which would be renewed for the period that is unlimited. The ITAP owner is only going to be asked to are accountable to the immigration workplace when every 5 years for an “administrative renewal” — for free — rather than the yearly renewal currently needed. Nevertheless, underneath the brand new costs schedule announced in July 2014, the charge for the renewal following the very very first 5 years are a tremendously rp that is hefty!! Note: the international partner nevertheless needs to have an ITAS for the first couple of many years of your wedding.
• Foreigners who’ve been hitched to a citizen that is indonesian maintain their residency license even with a divorce proceedings or perhaps the loss of the WNI partner. These are typically needed to have guarantor that is A indonesian resident.
• Appropriate of residency (ITAP) for kids created from a blended wedding, regardless if they opt for a international citizenship past their eighteenth birthday celebration. The Citizenship Law (UU No. 12 Tahun 2006) given citizenship that is dual children created from blended wedding, nonetheless they needed to select from their international or Indonesian citizenship, together with no appropriate solution to stay in Indonesia (unless they discovered a business to sponsor the visa for work purposes). This can be a significant positive change, on the basis of 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 are going to now nevertheless be in a position to stay in Indonesia with a Residency license.
• This legislation doesn’t change/affect limitations on ownership of home by expats, as that is governed by the Agrarian legislation.
• You certainly will nevertheless require a permit that is exit/re-entry keep Indonesia and get back inside your visa duration.
• Regardless of Article 61 into the 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 given by Depnakertrans. They could work just on a casual foundation as self-employed professionals or operate a business that is small.
• You are able for the international partner holding a work license from an organization to transform from the company-sponsored ITAS up to a spouse-sponsored ITAP, so long as the few happens to be hitched for at the very least 2 yrs. This calls for a big change of status (alih status) in the place of a change of guarantor (alih sponsor) as is clarified in Surat Edaran Alih reputation ITAS ke ITAP No IMI-2971-GR.01.13 Tahun 2013.