KITAS sponsored by an Indonesian wife of a foreign husband.

[Takri]

Reporting to CaPil and to POLDA after getting KITAS in Denpasar, Bali + question about SKTT


Following previous post, here I'll tell about my reporting to CaPil kabupaten Gianyar and to POLDA Denpasar after getting KITAS 1 :


1) CaPil Gianyar to get SKPPS (what about SKTT??)

I went to kantor kependudukan dan catatan sipil (CaPil) of my kabupaten, Gianyar, to register as a KITAS holder and, I thought, get a SKTT. The people there didn't seem to have previously heard about SKTT but quickly said "oh you're applying for SKPPS (Surat Keterangan Pendaftaran Penduduk Sementara), here is the form and the documents you have to gather". I filled the form and gave the required documents (photocopies of paspor, kitas, buku poa, ...).

After a week or so (they forgot to call me as they said they would) I went to CaPil. I think the letter had been ready for several days. It was indeed a SKPPS. I met with a guy who said to be the kepala seksi mutasi orang, a nice guy who handed me my SKPPS. He told me the fee was 350.000 Rp and before I could express any surprise (since I expected a cheaper price) he showed me a Peraturan Daerah Kabupaten Gianyar dated from 2010 about fees that must be paid to CaPil and, indeed, it said 350.000 Rp for a SKPPS for a KITAS holder. He gave me a receipt. I still plan to get my own copy of this PerDa, but I guess that is the price.

Since I still had in mind my SKTT I asked him about that and he said "SKTT?.... oh you mean SKTTT, Surat Keterangan Tempat Tinggal Tetap? you'll only need this when you have a KITAP!". No, I didn't mean SKTTT but asked if there was any other document that I should ask for and get from CaPil as a KITAS holder. He said no, there is nothing else, only SKPPS.

His answer surprised me since SKTT is actually a document that is clearly mentionned in UU 23 Tahun 2006 tentang Administrasi Kependudukan in article 20:

Pasal 20:
(1) Orang Asing yang memiliki Izin Tinggal Terbatas yang datang dari luar negeri dan Orang Asing yang memiliki izin lainnya yang telah berubah status sebagai pemegang Izin Tinggal Terbatas yang berencana bertempat tinggal di wilayah Negara Kesatuan Republik Indonesia wajib melaporkan kepada Instansi Pelaksana paling lambat 14 (empat belas) hari sejak diterbitkan Izin Tinggal Terbatas.
(2) Berdasarkan laporan sebagaimana dimaksud pada ayat (1), Instansi Pelaksana mendaftar dan menerbitkan Surat Keterangan Tempat Tinggal.
(3) Masa berlaku Surat Keterangan Tempat Tinggal sebagaimana dimaksud pada ayat (2) disesuaikan dengan masa berlaku Izin Tinggal Terbatas.
(4) Surat Keterangan Tempat Tinggal sebagaimana dimaksud pada ayat (2) wajib dibawa pada saat berpergian.

Obligation of CaPil about that is even stressed in article 69:

Pasal 69:
(1) lnstansi Pelaksana atau Pejabat yang diberi kewenangan, sesuai tanggung jawabnya, wajib menerbitkan dokumen Pendaftaran Penduduk sebagai berikut:
f. Surat Keterangan Tempat Tinggal untuk Orang Asing yang memiliki Izin Tinggal Terbatas paling lambat 14 (empat belas) hari;


I didn't have the law with me and didn't argue more. Any advice? Should I go there again with the law and ask about SKTT? Or did I do my job and is this their problem?


2) POLDA Denpasar to get SKLD:

Smooth and straightforward, nice people. I was asked to pay 100.000 Rp which I knew was the official price. Got a Surat Tanda Terima until the SKLD is issued.


Have a good day,
Chris

[Cabral]

continued from #548

Three weeks after I called the DETJEN in Jakarta and received word all my documents had arrived, I decided to walk into the KANIM Yogyakarta and see what is happening. I had not been called or informed at all. After writing down my name on a piece op paper, I received my entire folder and was told to go the cashier. I couldn't help but take a peak and indeed inside there was a printout of the official decision by the DETJEN to grant me a KITAS.

I paid the 755,000 IDR I knew I was supposed to pay. Then I had my picture and fingerprints taken and was ordered to go upstairs and collect a blue book. I got this little book (buku pengawasan orang asing) and was then ordered to sign the blue book and my future KITAS.

I can come back on the 11th of July to officially pick up my KITAS. After this I will go straight to Catatan Sipil to get my SKPPS, or is it SKTT? I am confused now after reading Takri's story. The catatan sipil in Yogyakarta seems clean, I noticed this after getting my newly born son's birth certificate there for free while being helped with legalizing several needed documents at no cost. So I have no fears going there next week.

I met a Dutch lady at KANIM Jogja who just got her KITAP, but had paid more than 7,000,000 IDR for it, with help from the immigration people she said, and then the trip to Jakarta, she added. I just explained I have done everything myself, never went to Jakarta (TIKI), and have my KITAS now for a little less than 800,000 IDR and am planning to get a KITAP for a little over 3,000,000 IDR in about 10 months. She found it hard to believe.......

Thanks to all the info here I feel much more confident in dealing with Indonesian government, and will longer be forced to pay such crazy amounts....a big thanks to everyone sharing info here

Salam,
Cabral

[jstar]

.....and am planning to get a KITAP for a little over 3,000,000 IDR in about 10 months.....

???

[Cabral]

Originally Posted by Cabral
.....and am planning to get a KITAP for a little over 3,000,000 IDR in about 10 months.....



???

My current KITAS is one year valid, so it would be a waste of money to immediately change it into a KITAP. Better keep it for about 10 months and than start the procedure for a KITAP. Besides I have seen enough KANIM and KANWIL for a while
Hope that explains it.....

[jstar]

.....and am planning to get a KITAP for a little over 3,000,000 IDR in about 10 months.....

My current KITAS is one year valid, so it would be a waste of money to immediately change it into a KITAP. Better keep it for about 10 months and than start the procedure for a KITAP. Besides I have seen enough KANIM and KANWIL for a while
Hope that explains it.....

It is a spouse sponsored KITAS, right? Then you will be in for a surprise, look at this (posted by Atlantis in one of the KITAP explanations):

....the article of law which lists the category of KITAS holder that could be entitled to be issued a KITAP. They are:
a.) investors
b.) rare foreign expert
c.) top foreign manager of a company
d.) foreign churchmen carrying religious duties
e.) foreign spouse joining an Indonesian husband or wife
f.) legitimate child who holds a foreign passport joining an Indonesian parent
g.) foreign spouse of a foreigner holding a KITAP
h.) legitimate unmarried foreign child (under 18 y.o) joining a foreign father/mother who is a KITAPholder.
i.) Former Indonesian willing to regain Indonesian citizenship as per Citizenship law number 12/2006
j.) Retired foreigner*

If your KITAS doesn't belong to any of these category, then you can not apply for a KITAP. ..... Indonesian wife sponspors you for a KITAS (without having the right to work then). Then after 2 years, you will be able to apply for a KITAP.

However, belonging to one of the above categories is not enough..., it says that the change of status (from ITAS to ITAP) must consider the benefits that this foreigner brings to the nation in terms of national development and must consider the human aspects. This is for the very least highly subjective.....

So you will need multiple KITAS first...

Look here for the process:
http://www.livinginindonesiaforum.or...TAP-UU-6-2011?

[Takri]

Cabral is on a WNI-spouse-sponsored KITAS, so he's right to say that he can right away convert his KITAS 1 into a KITAP. In jstar's quote from Atlantis it is not point g that should be read but point e. The requirement is that Cabral and his wife have been married for at least 2 full years.

To make it safer I wouldn't wait 10 months though Cabral but a little bit less than that.

[jstar]

Cabral is on a WNI-spouse-sponsored KITAS, so he's right to say that he can right away convert his KITAS 1 into a KITAP. .....The requirement is that Cabral and his wife have been married for at least 2 full years.

????

http://www.livinginindonesiaforum.or...6-(six)-times?

Even quoted by yourself:

As far as I know, and since the immigration law UU 6 Tahun 2011, the mandatory "waiting period" before being able to ask for an ITAP is 3 years in a row on a KITAS. This is from article 54 and article 60:

Article 54, (1), a.:
Pasal 54
(1) Izin Tinggal Tetap dapat diberikan kepada:
a. Orang Asing pemegang Izin Tinggal terbatas sebagai rohaniwan, pekerja, investor, dan lanjut usia;

Article 60, (1) :
Pasal 60
(1) Izin Tinggal Tetap bagi pemohon sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf a diberikan setelah pemohon tinggal menetap selama 3 (tiga) tahun berturut-turut dan menandatangani Pernyataan Integrasi kepada Pemerintah Republik Indonesia.

................

However, having stayed in Indonesia for 3 years in a row, even with the same employer, doesn't mean you are guaranteed to receive a KITAP. It is just one of the conditions. KITAP are not easily given to foreign employees, unless the foreigher has a specific and rare skill, is a top manager, and provided it brings benefits to the development of the nation. Please have a look at this link for more details : http://www.expat.or.id/info/docs.html#KITAP

Please note that the mandatory waiting period hasn't been updated in the previous link. It became 2 years in 2005 as stated in the link above and then 3 years in 2011).

Chris

And the link you gave, mentions this:

1. Pasal 49, Peraturan Pemerintah nomor 32 tahun 1994 corrected by its second amendment as stated in the Peraturan Pemerintah nomor 38 tahun 2005:

(1) Izin Tinggal Terbatas dapat dialihkan statusnya menjadi Izin Tinggal Tetap.
(2) Pengalihan status sebagaimana dimaksud pada ayat (1) dapat diberikan atas dasar permintaan orang asing yang bersangkutan, dengan syarat telah berada di wilayah Negara Republik Indonesia sekurang-kurangnya 2 (dua) tahun berturut-turut sejak tanggal diberikannya Izin Tinggal Terbatas.
Basically, it means that (1) an ITAS can be transformed in an ITAP and that (2) this transformation of status can be given after a demand of the foreigner with the condition that he/she has already stayed a minimum of two full successive years in Indonesia since the date that his/her ITAS has been issued.

If the requirement in spouse sponsored KITAS is indeed the duration of the marriage, it's about time to adjust and clarify these statements...if you read these now (esp. the http://www.expat.or.id link) it is not clear.

[Takri]

????

http://www.livinginindonesiaforum.org/showthread.php/25009-Used-a-limited-stay-permit-card-(KITAS)-for-6-(six)-times?

That discussion wasn't about the WNI-spouse-sponsored KITAS, but company-sponsored KITAS.

To make it more clear: there are different ways to get a KITAS (ie: sponsored by a company, being a student, being a retiree, being the spouse of a WNA who has a KITAS, being the spouse of a WNI, etc.). They all share some common aspects/requirements, but also have some specific aspects. Among them, the WNI-spouse-sponsored KITAS (ie: for a foreigner married to an Indonesian citizen) has a special status as it comes with advantages that other KITAS don't have.

In general, the law says that a KITAS holder is entitled to ask for (but not guaranteed to get) a KITAP after 3 full years on the same KITAS. This "waiting period" can be confusing since it has changed over the years. It used to be 5 years, then in 2005 was amended to 2 years, and then with the new law about immigration in 2011 became 3 years.

BUT: the situation is different and easier for a KITAS holder sponsored by his/her Indonesian spouse. Since the law mentionned above (UU 6 year 2011), in that particular case, it is enough to hold a KITAS (even the 1st one) and to have been married for more than 2 full years.

The 2 changes we are talking about all come from the same new law, which make things easier: just refer to UU 6 Tahun 2011 (you can google it easily). And since it is still quite new you can find old threads or info that are out-of-date in this forum. But there are also plenty of discussions about these changes.

I hope I was clear enough. If not please feel free to ask again.
Chris

[Cabral]

Wow, what a discussion.

I am indeed on a spouse sponsored KITAS. Me and my wife have been married for almost 4 happy years, and we have two children. According to my read of the law I am entitled to get a KITAP because I have been officially married for more than 2 years to an Indonesian citizen.

The officials at KANIM even encourage me to go ahead and start working, because according to them, the new law states I am allowed to earn an income to support my family. Even though DEPNAKERTRANS has not commented on these laws, but at various occasions mentioned working is only allowed if you have a working permit.

Again others, for instance during a sosialisasi of the new law in Yogyakarta some two months ago, say that DEPNAKERTRANS had one year to respond to the new immigration law (number 6/ 2011) so that it would fit in with the existing laws. (harmonisasi is the word they use). Because this year has passed and there is no official reaction from DEPNAKERTRANS yet, foreigners married to indonesians for more than two years who have a KITAS/KITAP and are working have a case at the MK. (kelalaian is the word they used -> negligence). So because there has been no official reaction we can go ahead and act according to the law. (This is another discussion of course, but I thought it would be worth mentioning)

I am still consulting with more friends/ lawyers whether I'd be so bold to actually go ahead and do this......MOLAN TARIGAN is the guy who made this point, he's from the Lembaga Studi Advokasi Keimigrasian dan Kewarganegaraan. He also translated the new law in english, little book that is very handy to have (ISBN: 978-979-1125-06-2)

But to stick to the discussion, yes I am going to go forwards an get my KITAP in about 10 months, if laws haven't changed in the meantime of course......

Salam,
Cabral

[atlantis]

Jstar,

Prior to may 2011, a WNA married to a WNI was able to convert a KITAS in a KITAP after two fulll years of residency in Indonesia, meaning at KITAS III. It was my case when I converted my KITAS III in a KITAP in February 2011.

Since May 2011, the UU 6/2011 has modified drastically the situation. As soon as the Peraturan Pelaksanaan which will help to implement this law will be legalised, a WNA married to a WNI will be able to convert a KITAS in a KITAP as long as he can justify of two full years of marriage and this, whatever number of years of residency he has (meaning from KITAS I and upward).

Rules for those not residing on a KITAS sponsored by a WNA spouse will be different. Those eligible will have to wait three full years of residency (KITAS IV) before being allowed to convert to a KITAP.

The post of mine you quoted in #555 has been written obviously PRIOR to the enactment of UU 6/2011.

The amended pasal 49 PP 32/1992 is still valid to date. It should be abrogated in the next few days/weeks/months when the Peraturan Pelaksanaan tentang UU 6/2011 will be enacted and it will state that a KITAP can be granted after three full years of residency for most categories of applicant BUT after only two years of marriage for those applying as a WNA spouse of a WNI.

At the moment, and untill the Peraturan Pelaksanaan get enacted it is NOT possible to get a KITAP with the requirement of two years of marriage, even though UU 6/2011 says so.

I hope it clarifies it. If not, please feel free to point at what is unclear.