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KITAP sponsor after divorce 16 years of marriage

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  • KITAP sponsor after divorce 16 years of marriage

    I am recently divorced from my sponsor/wife. My ex-wife doesn't make any objections to continuing to sponsor me, just for the kids. At the immigration office the employee told me that I don't have to do anyhting because I'm already married for more then 10 years. But my agent says I have to change sponsor etc. At the moment everybody is looking for money in Corona-time, so it is hard to believe someone who has to make his earning not as a guaranteed civil sergeant. Who can give me the right information? Thanks a lot.

  • #2
    Originally posted by krukcor1 View Post
    (1) ... My ex-wife doesn't make any objections to continuing to sponsor me, ...

    (2) At the immigration office the employee told me that I don't have to do anyhting ...

    (3) But my agent says I have to change sponsor ...

    (4) Who can give me the right information?

    (1) Theoretically your ex-wife could continue to be your sponsor , because the Regulation (see below) states that the only requirement is that the sponsor has to be an Indonesian .
    But there was a Forum member who told us that his city's Immigration didn't accept his ex-wife as sponsor?? (unreasonably in my view) .

    (2) I would agree with this employee if you consider only Article 162 of PP 31/2013 .

    But you must report your divorce to Immigration within 60 days . Then when you do that , Immigration may ask you to change your KITAP , because the one you have is sponsored by your wife , but as you now has no wife , even the sponsor being the same person , now her KTP should be revised by changing "married" to "divorced" , and the new KITAP will not be a "family" KITAP anymore .
    And you should also expect Immigration to ask you to find another Indonesian to be your new sponsor (as happened with the Forum member I mentioned) .

    (3) The agent may be right .

    (4) Unfortunately there is no "right" information , as it depends on the interpretation of the Immigration officers who will deal with your case .

    I suggest you to report the divorce (within 60 days) as it is a crime if you don't do it . And when you do that , ask again what you need to do about the KITAP (bring a witness in case they say again that nothing needs to be done , but in the future another officer tell you did it wrong) .


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


    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.


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


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

    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).

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

    Petunjuk Pelaksanaan IMI-GR.01.13-3849 Tahun 2016 (Implementation Guide)
    Article 3
    (1) ...
    (2) Report of change in civil status must be done within 60 days .
    Last edited by marcus; 4 weeks ago.

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    • #3
      Thanks. It seems to be a gray area. Everywhere you hear something else. Even lawyers or immigration officers.

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