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KITAP But Separated From Indonesian Wife

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  • KITAP But Separated From Indonesian Wife

    Hi, I'm not sure if this topic is the right one to post my question. I have some complicated questions and I am not sure if anyone has the right answers.
    Currently I am on my first KITAP of 5 years, 2 more years to go. Me and my wife decided to divorce a year ago and I did move out of the house and got an apartment. We did agree to process the divorce although she was going to take the lead in this and process this with local court (I sent her money for that). About a year later, I kept asking for the divorce papers (she kept saying to me that it took a while and they would be issued shortly) I did find out she did not even file the divorce at all. I was kind of not very happy with all this, and she said she did not divorce because she wanted to punish me ("If I don't divorce you cannot marry another woman").
    I wanted to talk these things over and get some agreement to proceed with the divorce because this marriage can't be fixed. Than she asked me 500jt to pay her so she would co-operate. I refused to do that. Suddenly her phone number changed, she moved to another place with my kid and I haven't had anymore contact since.

    Concerning my KITAP now. What do I need to do when I extend this next year?
    1. I am not divorced yet although we are separated
    2. As such I am legally married with an Indonesian spouse who is not traceable
    3. Can I change a sponsor for the extension of my KITAP while still married
    4. Should I report we are separated?

    Hope to get some insights here what to do exactly

  • #2
    Originally posted by BuleInParadise View Post
    Concerning my KITAP now. What do I need to do when I extend this next year?
    1. I am not divorced yet although we are separated
    2. As such I am legally married with an Indonesian spouse who is not traceable
    3. Can I change a sponsor for the extension of my KITAP while still married
    4. Should I report we are separated?

    In my view , in this situation you will lose the KITAP and more problem can arise .

    1. The Law/Regulation I did read don't mention anything about a situation like yours . I think Immigration can interpret the Law/Regulations in a way that you are not allowed to keep a KITAP in your situation , because your eligibility assumes you stay in a marriage situation , meaning mainly that you should live together with your wife/sponsor .

    2. To cancel your KITAP you need a sponsor's letter requesting it . I don't know what Immigration will do in this case .

    3. Even if you are eligible for another sponsorship (for a Retirement KITAS/KITAP , for example) , sponsor change is very difficult to get . And usually a sponsor change process also requires sponsor's letters (one from your present sponsor , another from your future sponsor) .

    4. I think so . And as I said above in 1. , expect Immigration to cancel your KITAP as soon as you report that . If you don't report but Immigration find out , they may interpret the Law in away to consider you are using your KITAP not as intended when it was issued (up to 5 years in jail - see Article 122 below) .

    Other thing that you must report (if you didn't yet) is your address change - see the Law below .

    Note : If you didn't do yet , you should report your child's birth too and this within 60 days after the birth . The 60 days is specified by a "Petunjuk Pelaksanaan"/Regulation issued in 2016 , but this 60 days limit does not apply to the address change .


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


    UU no.6 , year 2011
    Article 71
    Each foreigner residing in the Territory of Indonesia shall:
    a. provide all necessary information regarding his/her identity and/or his/her family, and report any changes in civil status, nationality, occupation, sponsor, or a change of address to the local Immigration Office; or
    b...

    Article 116
    Each Foreigner who do not perform his/her obligations as stipulated in Article 71 shall be punished with a maximum confinement of 3 (three) months or a fine of up to 25,000,000, 00 (twenty five million rupiah).

    Article 122
    Shall be punished with imprisonment of five (5) years and fined at most Rp500.000.000, 00 (five hundred million rupiah):
    a. any foreigner who deliberately misuse or engage in activities not in accordance with the intent and purpose of the Visa/Stay Permit given to him/her;
    b. ...
    Last edited by marcus; 1 week ago.

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    • #3
      As far as I know the KK is still the same at this moment.
      We are married (well still are in theory) for over 14 years. I probably need to keep some hope we'll be able to get in touch and solve this situation by officially divorcing in the coming year. After that, the status of the KITAP could be changed including sponsor. Not understanding your point about my child with her being born 10 years ago??

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      • #4
        Originally posted by BuleInParadise View Post
        (a) As far as I know the KK is still the same at this moment.

        (b) We are married (well still are in theory) ...

        (c) I probably need to keep some hope we'll be able to get in touch and solve this situation by officially divorcing in the coming year. After that, the status of the KITAP could be changed including sponsor.

        (d) Not understanding your point about my child with her being born 10 years ago??

        (a) KK (Family Card) is affected too but in the worst case you get just a fine from the city's government . But you will need updated wife's KK/KTP for any new Immigration process .

        (b) Well , I showed you the rules and how Immigration may interpret them .

        (c) Better think about the pros and cons . For example , I would not risk anything if I am 55 or older , as one can get Retirement KITAS/KITAP .

        (d) I didn't know your child is already 10 y.o. Anyway , I just informed you/others who will read . If not applicable , just forget about it .

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