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Spouse KITAS and employment fears!

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  • Spouse KITAS and employment fears!

    Hi,

    I hope you can help me out here. I plan to marry my Indonesian girlfriend and arrange to live together either in Indonesia or London. However I am aware that I will only be entitled to a spouse KITAS which does not allow me to work until 2 years time with a KITAP visa.

    Thing for me is, I don't have the skills needed for a IMTA sponsorship, I work in IT as 2nd line support, not management position, and I can't find anything to help me get on a bandwagon with this skill. I am tearing myself up with this, as I know what I want, and so does she. UK visas are just as tricky and I don't want her to sacrifice what she has in Indonesia for me, she has a fairly well paid job considering the economy out there and her younger sister is dependant on her.

    Has anyone been in a similar situation? I only see the options of either we both live in the UK together, in which she has to start from the ground up, or I save enough to support us as a married couple to live two years unemployed. I love her and I am scared to lose her all because of this situation.........

    Any advice from anyone who has been in a situation like this will be greatly appreciated!

  • #2
    Originally posted by killdekangaroo View Post
    (1) ... I will only be entitled to a spouse KITAS which does not allow me to work until 2 years time with a KITAP visa ...

    You are mistaken . The right to work is already valid when you get the KITAS .

    To live in Indonesia , I think that your best option would be to work in your Indonesian wife's small business . She sets up a small business and you work informally in it .


    -----------------------------------------


    http://www.livinginindonesiaforum.or...018#post246018 (no work permit for KITAS ikut istri , work in the wife's business??)


    (free tranlation from http://percaindonesia.com/catatan-so...-7-maret-2015/ about acceptable work situations for foreigners married with Indonesians stated by Manpower Department's officers)
    [.....
    A) Holders of KITAS/KITAP sponsored by spouse are allowed to work in the (PT) companies with Work Permit (IMTA) .
    B) Foreigner workers cannot work in two different companies (the same profession or different) EXCEPT investor / commissioner of PT PMA (If one works in three companies , the number of IMTA must also be 3).
    C) If the activities of the foreign worker are in more than 1 place / province then he/she must have inter-provincial IMTA .
    D) Case: Husband / wife of a mixed marriage with cuisine chef background want to open a small café, with a small seating area is classified as a small business and does not require IMTA. When this business grows crowded and large, than it is necessary to have operating permits from the relevant authorities . When the businesses becomes a legal entity, then this foreign worker must have IMTA.
    E) Case: Foreign husband of a mixed marriage is already retired. Enters Indonesia with Visa-On-Arrival and becomes an investor in a hotel in Bali. Once in a while he does work behind the scenes such as checks on the financial controll department. With such conditions, it means the husband has been conducting work in Indonesia and must have KITAS and IMTA, because even not all the time he is working .
    F) A foreigner in a mixed marriage with KITAS/KITAP sponsored by Indonesian wife. Working from home and having online businesses. Does not have an office and legal business such as PT or PT PMA. Because this foreigner is conducting work even though he only works online so this foreigner must have the IMTA. This foreigner also cannot sign work contracts in Indonesia on behalf of himself .
    G) A foreigner who works and own business as an acupuncturist, must obtain an official recommendation from the local health office before doing business and work activities. If already have a recommendation from the relevant authorities, the foreign must have the IMTA to be able to work in Indonesia .
    H) A foreigner holder of KITAS/KITAP sponsored by spouse is allowed to work in Indonesia. The need of IMTA is to be seen from what the job, working for a legal entity or not, small or large business .

    CONCLUSION:

    Although the Immigration Law no.6 of 2011 Article 61 states that the holder of a KITAS/KITAP sponsored by Indonesian spouse can work and/or do business to make ends meet for him/her and/ for his/her family, but still has to refer back to the Labour Law no.13 year 2003 and Permenakertrans no.12 year 2013, which essentially mean that a foreign worker in a mixed marriage is allowed to work without a work permit/IMTA if in the informal sector, freelance or have a small business which is not a legal entity. When working in a legal entity then MUST have IMTA.]


    -----------------------------------------


    http://www.expat.or.id/info/gettingm...indonesia.html
    http://www.expat.or.id/info/mixmarriages.html
    http://www.expat.or.id/info/familylaw.html
    http://www.expat.or.id/info/marriage...lications.html
    http://www.expat.or.id/info/prenuptialagreement.html

    Comment


    • #3
      Some people are generally more tense than others, and this anxiety disrupts their ability to notice the unexpected. As a result, they miss opportunities because they are too focused on looking for something else..

      Hi Ki.. from your above post, I assume that you are a UK national. You want to get married to your GF who is Indonesian and you want to stay in Indonesia for long term. I would suggest you something that may be perfect in your situation and may provide you a solution you are looking for.

      I think rather than getting a Job as per your current role, IT 2nd line support, you should look for opportunities that you have. I would suggest you to look for English teaching job in EF (English First) or any other English Teaching Institute here in Indonesia. Your advantages are;

      1. You are an English speaking country national.
      2. Your KITAS sponsorship will be taken care easily by the institute.
      3. You can stay and work in Indonesia for long.
      4. Most of Indonesian cities have such institute, so you can very well settle in your GF's city.
      5. You will have better work status than your current one, since you are a foreigner.
      6. Salary-wise maybe similar or less than your current, but your expenses may also be less in Indonesia.

      Hope it helps. I am in Jakarta, Incase you need help, let me know. Good Luck !!

      Comment


      • #4
        just reading the first response, there is only one case there, D, which does not require IMTA all the others require it.

        Comment


        • #5
          If this can help anyone, I am under wife sponsored kitas and I just had an IMTA granted to work in a hotel.
          Good thing is I keep my kitas keluarga and don't have to be tied with the company.
          Bad thing is when I will have to renew it the company won't pay for it.

          Comment

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