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New KITAP if divorced?

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  • New KITAP if divorced?

    Sorry if this has been answered before.
    I was married to my Indonesian wife for 18 years. We have two children. This year we got divorced 4 years into my KITAP. My question is, am I eligble to apply for a second (permanent) KITAP?

    Regards
    Cog

  • #2
    Originally posted by cog_______ View Post
    (1) ... This year we got divorced ...

    (2) am I eligble to apply for a second (permanent) KITAP?

    (1) You need to report the divorce within 60 days to Kantor Imigrasi , according to JukLak IMI-GR.01.13-3849 Tahun 2016 (you can go to jail if you don't do it) .

    (2) First thing : you need to ask your Kantor Imigrasi what to do regarding the KITAP as you may continue with the same sponsor (but with KTP stating her as divorced) or propose a new sponsor . In doing this , Kantor Imigrasi may :
    - ask you to request a new 5 years KITAP now or 3 months before your present KITAP expires , or
    - just change the sponsor now with the KITAP continuing as a 4 years old KITAP .

    You will probably be eligible for KITAP extension later although the Regulation does not specifically state that (see below) .


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


    PP no.31 , year 2013
    ...............
    Article 162
    (1) For mixed marriage that has lasted 10 (ten) years or more, a Permanent Stay Permit obtained due to a legal marriage shall remain valid although his/her marriage has ended due to divorce and/or upon court decision.
    (2) Holder of the Permanent Stay Permit as contemplated in clause (1) shall have a sponsor who has an Indonesian citizenship.

    Comment


    • #3
      Hmm I haven't reported the divorce, I'd better get onto that. Tyvm for the reply

      Comment


      • #4
        This is what I have learned about an ITAP holder whose sponsor is an individual : the report of divorce and submission of a new sponsor’s data to a local immigration office must be done within 60 days after the date stamped on the divorce certificate which is issued by a local civil registry office known as Dinas Pendudukan dan Pencataan Sipil; not within 60 days after a state court first issues a divorce decision. Using my experience as an example :

        > At the final court hearing on august 16th 2017, a divorce decision was announced by 2 judges. Because the justice court was only 100 meters away, on the same day I visited the local immigration office to “report” the divorce and I was told to return when the local civil registry office issued the divorce certificate, then the 60-day report period would commence in relation to the date stamped on the divorce certificate.

        > On september 15th the state court issued the certified & printed divorce decision which was forwarded to the local civil registry office.

        > On october 29th the local civil registry office issued the divorce certificate.

        > Therefore immigration required that I submit my request for change of sponsor & the data of a sponsor candidate no later than december 28th : 60 days since the divorce certificate was issued on october 29th.


        The immigration requirements to change sponsor for an ITAP sponsored by a individual citizen of Indonesia, not an ITAP sponsored by an employer:

        1) New sponsor is a citizen of Indonesia and must have a “close enough” relationship with the ITAP holder; therefore anyone who resides in Indonesia such as a : relative, “friend”, neighbor , or work colleague.

        2) New sponsor currently must reside in the same area of the ITAP holder’s residence which falls under the jurisdiction of the local immigration office handling the change of sponsor request.

        3) New sponsor must possess a kartu keluarga (family card) which matches the current home address of new sponsor. If the family card does not match the current home address but the new sponsor owns another house in the same jurisdiction and possesses a family card for that other house : immigration will accept that family card but the new sponsor must submit a surat domisili (domicile document) to verify the current home address as well.

        4) A request to change sponsor for an ITAP holder does not guarantee approval by immigration. During the change of sponsor process each level of these immigration offices : local, regional, or national could reject the request to change sponsor.


        In december 2017 even though I was on my 2nd ITAP (valid for lifetime), due to divorce I had to change my ITAP sponsor therefore immigration canceled my 2nd ITAP and my 2-yearMERP while a new 5-yearITAP and new 2-yearMERP were issued in march 2018. I was told by immigration officials that my former wife as a citizen of Indonesia could not continue as my sponsor due to our divorce.

        Previously in only february 2017 : my 2nd ITAP and a 2-year MERP had been issued with a required total payment of Rp 12 million. However when both those permits were canceled 13 months later in march 2018 : immigration refused to apply any portion of that Rp 12 million towards my new 5-year ITAP and new 2-year MERP issued in march 2018. I contested that action with the highest section officials at the local immigration office, at the regional immigration office (kantor wilayah), as well as at the national immigration office in Jakarta during 2 separate meetings at that office; however I received the same reply from both the local & national offices : “new 5-year ITAP and new 2-year MERP require new payment, and no funds are applied from your previous payment of Rp 12 million which was given in february 2017”; the officials at the regional office had no clue. Although in person at each office I respectfully requested which immigration regulation stipulates that condition about payment and I typed an inquiry letter which I submitted to the national immigration office : no officials at any offices would identify the specific regulation to me, and I could not find that specific condition about payment stated in any immigration regulations to which I had access.
        [COLOR=#0000ff]"The earth is one country and mankind its citizens."
        What if we begin to view each other as part of one human family?[/COLOR]

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