KITAS sponsored by the Indonesian spouse

[marcus]

how many times can WNA extend their kitas? ...

From the rule (see below) , I understand that an one year KITAS can be extended 5 times .


PP no.31 , year 2013
Article 148
(1) The Limited Stay Permit/KITAS shall be granted for the maximum period of 2 (two) years and may be extended.
(2) Each extension as contemplated in clause (1) shall be granted for a maximum of 2 (two) years provided that overall Stay Permit in the Indonesian Territory shall not exceed 6 (six) years.

[cynthiag]

hi marcus, can you help me answer this?

can a wna who has kitas sponsored by wife apply for imta?

there's a f&b business would like to hire my husband as a full time employee the legal way, by having the proper permit.

thanks

[marcus]

... can a wna who has kitas sponsored by wife apply for imta? ...

Although I don't know any Regulation stating that one can do it , few members of this Forum have told us they did it . Other reference is what Bali's Manpower officers told in the link below .


From http://percaindonesia.com/catatan-so...-7-maret-2015/

[ Catatan Sosialisasi Dinas Depnakertrans Provinsi Bali dan PerCa Indonesia Perwakilan Bali “Regulasi Ijin TKA dalam Konteks Perkawinan Campuran” Bali, 7 Maret 2015
..............
KESIMPULAN:
Walaupun dalam UU Keimigrasian No.6 tahun 2011 pasal 61 menyebutkan bahwa pemegang Ijin Tinggal Terbatas dan pemegang Ijin Tinggal Tetap dapat melakukan pekerjaan dan/atau usaha untuk memenuhi kebutuhan hidup dan/atau keluarganya, namun tetap harus mengacu kembali kepada UU Ketenagakerjaan No. 13 tahun 2003 dan Permenakertrans No. 12 tahun 2013, yang intinya TKA pelaku perkawinan campur sponsor istri:/suami tetap diperbolehkan bekerja tanpa mengantungi ijin kerja selama berada dalam sektor informal, freelance atau memiliki bisnis kecil dan tidak berbadan hukum. Apabila bekerja disuatu badan hukum maka WAJIB memiliki IMTA.]


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http://www.livinginindonesiaforum.or...042#post224042 (IMTA + Indo spouse sponsored KITAS)

[Cutlass396]

I have been on a spousal KITAP since 2015. I have worked for major companies on this KITAP and these companies have gladly provided me with the work permit (IMTA). Now I am contemplating doing independent consulting to the mining industry but I am now running into very grey areas. The law says I can work to support my wife & family here without an IMTA. Immigration have confirmed this. My problems start when I speak to a family friend who works in the Dept of Manpower (Depnaker). He says I cannot work for a company without a work permit. He does however say I can work as an "entrepreneur" without an IMTA. When I told him I considered independent consulting as being an entrepreneur, he disagreed. By "entrepreneur" he meant I could make Bakso in my kitchen and sell it from a trolley in the street. Alternatively, I could work for my wife's "company". This assumes she has one. Does this mean my wife needs to start her own company to allow me to ply my skills or do I need to learn how to make Bakso?
Consulting, by it's very nature, usually only lasts for several weeks. It is totally unrealistic to expect any company to go to the trouble of getting a work permit for me just for a few weeks work. And then repeat the process for the next consulting job. This seems totally ludicrous but my Depnaker friend says this is the case. I know of no company that would do this.
Is it possible for my wife to get me an IMTA without having her own company and we pay the US$1,200 training levy ourselves? Or do I get a friend who does have a PT company to sponsor my IMTA?
If my wife had married a Bakso vendor there would not be a problem but she didn't. She married a professional engineer who cannot work simply because he is not a Bakso vendor.
Any advice here will be greatly appreciated.

[marcus]

... I could work for my wife's "company". This assumes she has one. Does this mean my wife needs to start her own company to allow me to ply my skills ...

From what I understood from the meeting between Bali's Manpower officers and PERCA Indonesia (see below) , your Indonesian wife should set up a small consulting business and you would work for her informally . And I guess , you may pay less tax as part of a small business than as a freelancer .


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Note : Free translation of part of the subjects told by Manpower's officers to PERCA Indonesia in Bali , March 2015 .

[ ... Husband / wife of a mixed marriage with cuisine chef background want to open a small café, with a small seating area which is classified as a small business and does not require IMTA. When this business grows crowded and large, than it is necessary to have operating permits from the relevant authorities . When the businesses becomes a legal entity, then this foreign worker must have IMTA ...
CONCLUSION:
Although the Immigration Law no.6 of 2011 , Article 61 , states that the holder of a Limited Stay Permit and Permanent Stay Permit can work and/or do business to make ends meet for him/her and/ for his/her family, but still has to refer back to the Labour Law no. 13 year 2003 and Permenakertrans No. 12 year 2013, which essentially mean that a foreign worker in a mixed marriage is allowed to work without a work permit if in the informal sector, freelance or have a small business which is not a legal entity. When working in a legal entity then MUST have IMTA.

[cynthiag]

Hi!

So, my husband's KITAS is expiring this November 2017 and we have decided to stop extending it as we're moving back to his home country. Can anybody share their experiences & help me with the procedure?

Thanks !

[marcus]

... Can anybody share their experiences & help me with the procedure?

Around 10 days before you leave Indonesia , go to your city's Kantor Imigrasi and ask them when to apply for the KITAS cancellation (what we called before as the EPO/Exit Only Permit , but now they stamp as "Return of Immigration Document") . Usually they give 7 days to leave the country , but better be sure with them about this . And ask about the forms and required documents (basically : passport , copy of passport , KITAS , "blue book" if you have one , sponsor letter , ..) .

[mohmohi2010]

Haiii
Thank God I found your forum So here's the thing:
I'm a last year student here in Indonesia and I'll be graduated this upcoming August on the 26th. But the issue is that my student KITAS is gonna be expired by the August the 19th. I asked my university and they said you should go through all the process that you have gone through at the first place when you wanted to get the KITAS to get a new one, which means a month of paperwork to get a new 'Study Permit' and 4 million rupiah fee OR the second option is a 'Social-cultural Visa' which requires me to go out of the country and come back again...
However, I heard from a friend that there is an option of extension for just a month which is way easier. So my question is; Is there such a thing? or what do you recommend me to do?

Makasihh banyak for your informative forum

[marcus]

There was (and maybe there is still) this one month "extension" which is not written in the Regulations that I know but I know about that because I myself got it once . They call it (or at least is what they stamped in my passport) a "Penangguhan" (Postponement) . In my case it was an one month postponement of the expiry date of my KITAS (sponsored by my Indonesian wife) when there was a delay in my (already in process) KITAP approval .

So I suppose your Kantor Imigrasi has the authority to do that (for free) if they think it is appropriate to do so . You need to talk to them about this .

[mohmohi2010]

thanks a lot for your help Marcus.
I'll do as you recommended

[cynthiag]

Hey marcus,

I went to imigrasi last week and the person asked me to submit the exit permit only (EPO), 3 days before our departure. I find it too tight and risky knowing the fact that they're not reliable at all when it comes to doing things fast.
Our flight is booked for the 14th Sept, imigrasi asked to submit on the 11th and said it will come out on the 13th. Suggestions? Should I just submit on the 8th? and I have 7 days to exit, exactly ends on the 14th.

Thanks

[marcus]

... the person asked me to submit the exit permit only (EPO), 3 days before our departure ... Should I just submit on the 8th? and I have 7 days to exit, exactly ends on the 14th ...

Yes , I would submit on the morning of 8th , except if they changed the rule of 7 days to just 2 days (improbable but better ask) .

[draughtsman]

Someone please talk to me like I'm 8 years old: Why do you need an exit order to leave the country if you have a KITAS? What's the purpose of that? What would happen if you didn't get that?

[marcus]

(1) ... Why do you need an exit order to leave the country if you have a KITAS? What's the purpose of that?

(2) What would happen if you didn't get that?

(1) I guess many people asked this to the Indonesian government so the names were changed . In the past there were the :
- EPO/Exit Permit Only , now named "Return Immigration Document" , was/is in reality a KITAS/KITAP cancellation . Still many cannot understand why you need to cancel a KITAS (or KITAP) that is automatically cancelled at its expiry date or due to other reasons . I guess it was created mainly due to work KITAS/KITAP , as in this case the cancellation gives a proof that the employer & employee completed the work relation accordingly . I can't see any reason why other type of KITAS/KITAP have to do this .
- MERP/Multiple Exit Re-entry Permit , now just Re-entry Permit , was/is a Permit to come back to Indonesia during the validity of the KITAS/KITAP after you go abroad . Still it doesn't make sense to me , but this is how it is .

(2) Although they changed the names , without a Re-entry Permit you probably will not be allowed to leave Indonesia as Immigration in the airport/seaport will probably tell you to get either it or cancel the KITAS/KITAP . I guess that to avoid people saying that they were not allowed to leave Indonesia even not having done anything illegal , nowadays Immigration mandates the simultaneous issuance of Re-entry Permit together with the KITAS/KITAP (few years ago the Re-entry Permit was issued only when requested) .

[cynthiag]

hey marcus,
thanks for the reply. i ended up submitting the epo yesterday on the 11th, was stamped on the same day but asked to pick it up on the 12th. i attached the ticket to exit the country so they dont have any reason to hold the passport for too long or return it very last minute.

anyways, thanks for all the help! from getting kitas to finally returning it for good.

bye indonesia