KITAS sponsored by the Indonesian spouse

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  • Takri
    Member
    • Aug 2011
    • 195

    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.

    Comment

    • jstar
      Member
      • Jul 2011
      • 6054

      Originally posted by Takri View Post
      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.
      ????



      Even quoted by yourself:

      Originally posted by Takri View Post
      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:

      [COLOR=#000000][FONT=Times New Roman]1. Pasal 49, Peraturan Pemerintah nomor 32 tahun 1994 corrected by its second amendment as stated in the Peraturan Pemerintah nomor 38 tahun 2005:[/FONT][/COLOR]
      (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.
      Last edited by jstar; 04-07-12, 12:09.
      [FONT=arial black]
      [/FONT]

      Comment

      • Takri
        Member
        • Aug 2011
        • 195

        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

        Comment

        • Cabral
          Member
          • Apr 2012
          • 20

          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

          Comment

          • atlantis
            Banned
            • Jul 2008
            • 16594

            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.
            Last edited by atlantis; 04-07-12, 20:05.

            Comment

            • jstar
              Member
              • Jul 2011
              • 6054

              Thanks O.

              So it could take months before it takes effect, right? And hopefully KanIm offices will be informed properly (in JKT Timur they still don't know about the 2005 regulation on article 48 for instance).

              So Cabral, you have to wait.
              [FONT=arial black]
              [/FONT]

              Comment

              • atlantis
                Banned
                • Jul 2008
                • 16594

                Originally posted by jstar View Post
                Thanks O.

                So it could take months before it takes effect, right? And hopefully KanIm offices will be informed properly (in JKT Timur they still don't know about the 2005 regulation on article 48 for instance).

                So Cabral, you have to wait.
                It is difficult to say but I don't think that it will take months. Weeks certainly. UU 6/2011 is giving 12 months to the government to pass the necessary Peraturan Pelaksanaan since the date of its enactment (May 2011). 14 months have already passed and the draft made has been invalidated just at the deadline. It therefore requires more discussions and work. It shouldn't be long anyway. Sadiki ley, as we say in Manado...

                About pasal 48 & 49 PP 32/1994, don't worry: even Patrialis Akbar and his advisors, the then Minister of Justice and Human Rights wasn't apparently aware of it when they introduced the new UU 6/2011 and were boasting about how it was an improvement to go from 5 to 3 years. Ridiculous. It wasn't anymore 5 years of residency which was requested but only two years as I already stated quite a few times in this forum.
                Last edited by atlantis; 04-07-12, 20:03.

                Comment

                • atlantis
                  Banned
                  • Jul 2008
                  • 16594

                  Originally posted by Takri View Post
                  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?
                  I would go back there and politely ask them to investigate, showing them the UU 23/2006 and even letting them a copy of it. What is important is that they give you a NIK, which is included in the SKTT. At the moment the NIK is not used much but it will undoubtedly become important to buy and register a vehicle in your name for example (the new BPKB format requires that the NIK of the owner is inputed).
                  Anyway, I have to admit that I have always taken great care to have all my documents in order and done by the book, which has been the reason why I have avoided so many administrative troubles.

                  Comment

                  • Takri
                    Member
                    • Aug 2011
                    • 195

                    Originally posted by atlantis View Post
                    I would go back there and politely ask them to investigate, showing them the UU 23/2006 and even letting them a copy of it. What is important is that they give you a NIK, which is included in the SKTT.
                    Thanks for the advice Atlantis, that is what I'm gonna do. I too want to have all my documents in order. I was just surprised that they didn't know about SKTT, it's not like I'm the only foreigner in Gianyar regency (which covers Ubud area...).

                    Comment

                    • Dazzling
                      Member
                      • Jul 2012
                      • 1

                      Hi Atlantis, you are truly an inspiration to me. The amount of time and effort you exert in this forum never ceases to amaze me. I live in Manado and we have met on a couple of occasions at my place of employment with a certain English chap who was looking for work and the local Hash club. Hope that rings a bell. My question is: I have been married to my Indonesian wife for 4 1/2 years but my kitas is sponsored by my employer. I will leave to go back to my country this year as my contract will cease and I want my wife to attain a permanent resident visa from my country. This will allow her to live away from my country for 5 years without forfeiting her permenant visa. This would be to the advantage to me as well. If or when I return, do I have to reside in Indonesia for another 3 years as a kitas sponsored by my wife to apply for a kitap enabling me to work? Are you still in Indonesia or overseas? Cheers

                      Comment

                      • atlantis
                        Banned
                        • Jul 2008
                        • 16594

                        Originally posted by Dazzling View Post
                        Hi Atlantis, you are truly an inspiration to me. The amount of time and effort you exert in this forum never ceases to amaze me. I live in Manado and we have met on a couple of occasions at my place of employment with a certain English chap who was looking for work and the local Hash club. Hope that rings a bell. My question is: I have been married to my Indonesian wife for 4 1/2 years but my kitas is sponsored by my employer. I will leave to go back to my country this year as my contract will cease and I want my wife to attain a permanent resident visa from my country. This will allow her to live away from my country for 5 years without forfeiting her permenant visa. This would be to the advantage to me as well. If or when I return, do I have to reside in Indonesia for another 3 years as a kitas sponsored by my wife to apply for a kitap enabling me to work? Are you still in Indonesia or overseas? Cheers
                        Hey B.! Nice to read your post on the board and glad that you managed to deal with your registration problems. Of course it rings some bell... I am back to Manado by the way and was at the Hash last Saturday with our Brit friend & his wife. It was nice.

                        Concerning your question, by the time you come back I have no doubt that the Peraturan Pelaksanaan allowing a smooth implementation of UU 6/2011 and the permanent residency for foreign spouse of WNI will be already socialised. Concerning the problem of working, it would be better to "stay tuned. Nothing is sure yet.

                        I am available anytime for a coffee in town, if you need more infos about it. I am in and out of Manado but we should find time to meet without problem. Just sms me.

                        Comment

                        • Cabral
                          Member
                          • Apr 2012
                          • 20

                          Continued from #552

                          Picked up my KITAS and blue book at the KANIM in Yogyakarta. Was asked to make a photocopy of it which I handed back. What should I do next? Check with the police they said.

                          I went to the Kelurahan first to get a letter proving I am living at my current address. Took that to the catatan sipil, they gave me the syarat-2 for getting SKTT.

                          Syarat untuk SKTT
                          -Fotocopy passport
                          -Fotocopy KITAS
                          -Fotocopy SKLD
                          -Fotocopy POA/buku biru
                          -Surat sponsor dari istri
                          -Fotocopy KTP istri
                          -Fotocopy KK istri
                          -Fotocopy surat nikah
                          -Passport picture 3x4 (red background) 4 pieces
                          -IDR 200,000

                          So that is clear and worth a trip to the photocopy machine. I said to the lady that I didn't have my SKLD yet, so she said that I should go to the police first then. So I went to POLDA in Yogyakarta and after a nice pretty young lady walked me to the right room, I was asked to fill in a lot of forms and needed by far more pictures than I had brought. I think 4 pictures 3x4 en 3 pictures 4x6. Fortunately I was offered to have my photo's scanned and inserted digitally. After filling in all the forms and joking around with the people in the room (Euro 2012 and chitchat about food) I was send to another room for fingerprints. Wow all my fingers black and before me there was a guy in handcuffs with two officers guarding over him. They tried asking me 20.000 for the fingerprints, I answered that I was instructed by the KANIM to pay 100,000 for the whole procedure and not a rupiah more. They immediately handed me my RUMUS fingerprints and told me to go back to the first room. No charge.

                          I paid 100rb in the room where I started off and they wrote my hp number down. My SKLD (shiny little plastic card) should be ready in 3 weeks. They will sms me when it's ready.

                          So everything went smooth, but I was just wondering, how on earth can I report to get a SKTT within 14 days after my KITAS is put in effect. It took immigration 12 days to give my KITAS to me, this only after I went to KANIM myself. Now it takes another three weeks for POLDA to process the SKLD, so there's no way I can get my SKTT within 14 days right? But I guess they will not be so hard on me, otherwise I have proof of every visit I made to kelurahan/ POLDA/ KANIM so plenty of evidence to back me up.

                          Remarkable fact was that at POLDA I was asked if I worked, I replied no and said I have other income, then they (police officers) actually told me that nowadays I am allowed to work with this KITAS (wirausaha) to support my family. So they suggested me to start setting up a private business. Don't employ other people though, that is not allowed, they even said. I thanked them for the advise and said I was not the biggest business man, but I'd think about it. I guess the new 2011 immigration law is slipping through....or are those tricks to get confessions? I never trust police guys asking questions.....not at home, not in Indonesia....

                          To be continued....

                          Comment

                          • rich3276
                            Member
                            • Jun 2011
                            • 180

                            Finally after 9 months I got my KITAS, what a fight man....

                            I just write it in points 1- the end

                            1. Applied for ITAS got turned down officer threatened me with deportation
                            2. I left the country got new Social Visa
                            3. Applied for ITAS got turned down they do not know the law
                            4. Applied again with the amended law
                            5. Went to HUMAn Rights twice 10 days in Hotel waiting for letter
                            6. Immigrasi with letter
                            7. 5 Days waiting new letter
                            8. sent letter to jarkarta registered post
                            9. after 10 days called 15 days called no answer
                            10. Social Visa extension Imigrasi said no need to extend... huh...!
                            10a 4 weeks later got sms from Imigrasi letter is finished since 2 weeks why i do not pick up lol
                            11.Went to imigrasi 5 hours waiting lady at counter said come back in 5 days
                            12. came back to imigrasi got issued with Invoice 755 000 IDR
                            13. I asked why 55 000 extra its should be 15 000 manager came and explained price for Foto n Finger prints has changed I paid
                            14. got new Appointment 5 days later
                            15 went to imigrasi waited 3 hours got to counter they said must come back next day documents are not finished
                            16. went to imigrasi again they said my social visa has run out along time ago.... what the F*** see number 10
                            17. got appointment 11am at 12 they said come back at 13.30hrs
                            18. 1315 hrs I was at the counter
                            19. 1600 hrs just before closing the lady came out and said she had forgotten me....
                            20. 1605hrs got my Kitas

                            what a hell raising experience and still not finished
                            at the end of the day my Kitas has costed me with Hotels and Transport about 6 million and still have the police and ID cards to make at the end of the day its 7 million
                            a social is not much more expensive if I say a Flight 2 millionx2 to KL 250 for Visa and Hotel cheap 100 and that twice a year is around 7 million at the most with all extensions
                            Last edited by rich3276; 19-07-12, 20:43.

                            Comment

                            • Cabral
                              Member
                              • Apr 2012
                              • 20

                              sorry to hear this Rich3267
                              I got my KITAS for

                              5.000 MAP
                              14.700 Letter to DETJEN
                              755.000 KITAS + prints
                              100.000 SKLD (POLDA)
                              200.000 SKTT (Catatan Sipil)
                              40.000 on photocopying and pictures

                              Total = 1,1 million more or less.
                              Much cheaper than extending 8 months a 250.000 and having to fly in and out the country and pay for another visa twice....

                              Strange how things are so different depending on the area where you life and the KANIM you're dealing with....
                              All the best....
                              Cabral
                              Last edited by Cabral; 20-07-12, 13:53. Reason: wrong amounts

                              Comment

                              • rich3276
                                Member
                                • Jun 2011
                                • 180

                                Originally posted by Cabral View Post
                                sorry to hear this Rich3267
                                I got my KITAS for

                                5.000 MAP
                                14.700 Letter to DETJEN
                                3.055.000 KITAS + prints
                                100.000 SKLD (POLDA)
                                200.000 SKTT (Catatan Sipil)
                                40.000 on photocopying and pictures

                                Total = 3,4 million more or less.
                                Much cheaper than extending 8 months a 250.000 and having to fly in and out the country and pay for another visa twice....

                                Strange how things are so different depending on the area where you life and the KANIM you're dealing with....
                                All the best....
                                Cabral
                                Yeah u must be city Yogakarta or big place... I am in Jungle....

                                Comment

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