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  • Property inheritance for foreign heir?

    Hello, I am considering to convert my Australian PR to citizenship. But I would like to know more what I will gain or lose before finalizing my decision.

    I am an only child, 39, in domestic relationship with my Australian partner (kumpul kebo ) and residing in Australia. My parents are in Surabaya and have retired. Both of my parents run small family business from home. I would love to convert their residential home to a student accommodation. As it is located near Kenjeran, Galaxy Mall and local universities (ITS and Unair). So beside their current income, they will have additional income stream from the accommodation (kos-kosan).

    My parents are in their 60s. Still healthy and independent. But one day, I will need to live in with them. The cost of taking care aged parents in Australia will be astronomical. My savings put aside for my parents will last longer if I live back in with them. My parents will be my sponsor for KITAS then KITAP by using KMILN.

    My partner and I are planning to travel the world after our retirement in Australia. So my consideration to have Australian passport is for practicality. It will be great if I can travel with the passive income from the kos-kosan after my parents pass away. However, I have read that foreign heirs can inherit a property from Indonesian parents at the time when they are deceased. From this point, there will be two options. Sell the hour or keep the house under the right of use if they have permit to stay. From my research, for the second option, I need to go to a notary to downgrade the land right at the National Land Agency. But this article doesn't say further than that. I tried to get my head around the second option. But still confused after reading another article. Could you explain it to me with less legal terminology?

    Thank you

  • #2
    Originally posted by michiru_maeda View Post
    (1) ...My parents will be my sponsor for KITAS then KITAP by using KMILN...

    (2) So my consideration to have Australian passport is for practicality...

    (3) I need to go to a notary to downgrade the land right at the National Land Agency...Could you explain it to me with less legal terminology?

    (1) I don't know what "KMILN" means , but yes , one of your parents can sponsor you . Except your parents , do you have younger Indonesian uncle/aunt ?

    (2) I guess having an Australian passport will make very little difference for you . More and more countries are facilitating entry of foreign tourists regardless of their citizenship , and the visa limitations that exist & may still continue to exist are applicable only to young & poor foreigners .

    (3) There are a lot of limitations . Value of the property , how the house is built , the house has to be for you to use as your residence , ... It is complicated (and due to lack of interest , I didn't read all the details) , so better you read the Regulations (see link below) .


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


    Besides the limitations related to the house , there are also limitations on what a foreigner can do in Indonesia . For example , you could not own a small/medium Indonesian business .

    My feeling is that it will be better for you to keep your Indonesian citizenship (assuming your main objective for getting the Australian citizenship is for world travelling in the future) .


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


    http://www.livinginindonesiaforum.or...-house-in-indo (Hak Pakai for foreigners - Regulations)

     

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    • #3
      Thank you for replying.

      I do have younger aunts and uncles but I am not close to them. My extended family has become distance and distance over time. They are busy with their own lives and prefer not to be bothered.

      For travel purpose Australian passport may have little difference. However, I can extend an option to live in NZ. Australian citizen enjoys benefits an NZ citizen has. Also there are 11 countries with reciprocal healthcare agreement with Australia. In terms of emergency for traveling retirees, this will be very helpful https://www.smartraveller.gov.au/bef...iprocal-health

      KMILN is diaspora card for Indonesian or ex Indonesian who is residing overseas. From the outlook, seems like it has good benefits. But not sure if all officials are aware of this. KMILN holders is facilitated to have KITAS and then KITAP. The KITAP holders are permitted to work. I have discussed these benefits with others. They are sceptical though.

      https://kemlu.go.id/buenosaires/id/r...nt-information

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      • #4
        Originally posted by michiru_maeda View Post
        (4) I do have younger aunts and uncles but I am not close to them...

        (5) ...KMILN holders is facilitated to have KITAS and then KITAP.

        (6) The KITAP holders are permitted to work...

        (4) When your parents pass away , you will need one of them to be your sponsor .

        (5) Regardless of the KMILN , ex Indonesians are eligible to KITAS/KITAP .

        (6) Again , regardless of the KMILN , holders of "Ex-Indonesian KITAP" are permitted to work according to the Immigration Law , but this part of the Law is still not regulated , so the Indonesian Manpower Department is putting a lot of limitations .

        Note : I heard that this KMILN is almost useless

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        • #5
          Time to do silahturahmi then hehehe... Do I still need my relative as a sponsor when I already hold a KITAP?

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          • #6
            Originally posted by michiru_maeda View Post
            ...Do I still need my relative as a sponsor when I already hold a KITAP?

            Yes . All types of KITAS or KITAP must have (specific) sponsors , (#) except the Investor KITAS/KITAP .

            (#) According to the new 2020's Omnibus Law , which by the way may change soon (see https://www.livinginindonesiaforum.o...ion-in-2-years) .


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


            UU no.6 Year 2011 (Immigration Law) - not an official translation

            Article 63
            (1) Foreigners residing in Indonesia must have a sponsor that guarantees their existence.

            (2) the Sponsor is responsible for the existence and activities of the foreigner and has also the duty to report any change in civil status, immigration status, and address changes of the foreigner .

            (3) Guarantor shall pay the costs incurred to repatriate or release the guaranty when the foreigner:

            a. residence permit expires and / or

            b. is subjected to Deportation.

            (4) The provisions concerning the guarantee does not apply to foreigners who are legally married with a citizen of Indonesia.

            (5) The provisions referred to in Article 62 paragraph (2) letter g does not apply in the case of a Permanent Stay Permit holder who has broken up his/her marriage to an Indonesian citizen .


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