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KITAP Validity After Divorcing Sponsor

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  • KITAP Validity After Divorcing Sponsor

    Can you please clarify UU no.6 , year 2011
    Article 62 : 'g. has marital breakup because of divorce and / or the court's decision , except marriages that have been aged 10 (ten) years or more.' Is there no longer an exclusion for the 10 year marriage? Thnx

  • #2
    Originally posted by kris10dee View Post
    Can you please clarify UU no.6 , year 2011 Article 62 : g ...

    (2) Permanent Stay Permit is revoked because the holder of a Permanent Stay Permit:
    ...............
    g. has marital breakup because of divorce and / or the court's decision , except marriages that have been aged 10 (ten) years or more.

    See below the implementation of that item (2)g. of that Article 62 of UU no.6 , Year 2011 .

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

    Article 163
    (1) For mixed marriage that lasted less than 10 (ten) years, a KITAP obtained due to legal marriage shall remain valid although his/her marriage has ended due to divorce and/or upon court decision if the foreigner concerned has a sponsor.
    (2) Sponsor as contemplated in clause (1) shall constitute an individual who has an Indonesian citizenship.
    (3) Sponsor as contemplated in clause (2) shall be submitted to Immigration Office where its service area covers the residence of the foreigner within the maximum period of 60 (sixty) days of date of divorce deed is issued.
    (4) In the event that such foreigner files no sponsor within the period stated in clause (3) then such KITAP shall be invalidated.
    Last edited by marcus; 14-12-20, 16:12.

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    • #3
      Thanks for your reply Marcus. I'm foggy brained but can't tell the difference...both seem to say your KITAP remains valid as long as you get another WNI sponsor? What am I missing?

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      • #4
        Well , in the above Regulations the difference is that for a marriage of less than 10 years , the foreigner loses the KITAP if the he/she doesn't propose a sponsor within 60 days .

        Although it looks a simple requirement , the immigration officer dealing with the case may complicate if he/she wants . For example , I know a case where the officer didn't accept a "relatively poor" sponsor , arguing that the Immigration Law states that the sponsor must be financially responsible for the foreigner (except if the sponsor is an Indonesian spouse or a KITAP sponsor chosen after the divorce of a marriage older than 10 years) .

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        • #5
          thank you for explaining!

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