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KITAS sponsored by the Indonesian spouse

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  • Misja Alexander
    replied
    Originally posted by marcus View Post


    First , sorry for the delay in answering . I didn't notice your post .

    (a) You can start online too at https://izintinggal.imigrasi.go.id/IT-online/ .

    (b) Are you sure you need a surat kuasa ? In my view it should be just a surat keterangan (statement) stating you rented the apartment (you could write the statement yourself and just ask the owner to sign it) .
    Otherwise talk to Pak/Ibu RT for alternatives like :
    - Getting a statement from the building administration
    - Pak/Ibu RT coming to the apartment to check you really live there ,
    - Showing the rent contract to Pak/Ibu RT
    - Showing the apartment monthly administration fee payment receipt to Pak/Ibu RT

    No problem Marcus, thank you, you are correct that it is strange (others I talked to - who live in other parts of Jakarta - do not need a surat kuasa from the owner), but apparently at Podomoro City (West Jakarta) it is required by "local rules" even though it does not make sense and can actually become a great problem for foreigners (when the owner refuses to sign the letter). I have lived in several (rented) apartments in Podomoro city and every year require the surat kuasa from the owner to extend my KITAS. Only in my present apartment the owner refuses to sign it. I asked customer service (CS) at my apartment complex whether there are different ways of getting the domicile statement from RTRW that I can take to the kelurahan but they said no, and emphasized the RT requires the surat kuasa. But now my story takes a weird turn. CS checked their database regarding the unit I rent and according to their data, the owner who rented it out to me is not the owner of the apartment! Apparently, just before I rented the apartment, the old owner had sold the unit to the new owner (who immediately rented it out to me) but because the transfer of ownership status takes about six months in Indonesia the old owner is still the owner of the apartment according to CS data. This actually opened a window for me. I asked whether the old owner would be cooperative enough to sign the surat kuasa to help my immigration affairs. He said "yes" and within two days I had the surat kuasa (which is now - together with various other required documents - being processed at the RTRW). So it seems like everything has worked out in the end. Although, after this experience, I probably want to move to another place. Anyway, thanks a lot for your advice Marcus.

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  • marcus
    replied
    Originally posted by Misja Alexander View Post
    (a) ... my KITAS is to expire next month I also want to extend it at immigration - or turn it into KITAP ...

    (b) ... the owner of the apartment I rent refuses to sign a surat kuasa that is needed by the RTRW (and kelurahan) to make a domicile letter ...

    First , sorry for the delay in answering . I didn't notice your post .

    (a) You can start online too at https://izintinggal.imigrasi.go.id/IT-online/ .

    (b) Are you sure you need a surat kuasa ? In my view it should be just a surat keterangan (statement) stating you rented the apartment (you could write the statement yourself and just ask the owner to sign it) .
    Otherwise talk to Pak/Ibu RT for alternatives like :
    - Getting a statement from the building administration
    - Pak/Ibu RT coming to the apartment to check you really live there ,
    - Showing the rent contract to Pak/Ibu RT
    - Showing the apartment monthly administration fee payment receipt to Pak/Ibu RT
    Last edited by marcus; 10-01-19, 22:05.

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  • Misja Alexander
    replied
    Dear Marcus (and others), thank you for all the help. Last year, your advise about changing my KITAS from company-sponsor to Indonesian spouse was very helpful (in the end everything went well although it took a long time because I did it on my own and did not use an agency). But now I am facing a new problem! I have just moved to a new (rented) apartment and need to report the address change to immigration. Meanwhile, considering my KITAS is to expire next month I also want to extend it at immigration - or turn it into KITAP (because I have been married for more than two years now). The problem is that the owner of the apartment I rent refuses to sign a surat kuasa that is needed by the RTRW (and kelurahan) to make a domicile letter. But I need that domicile letter to arrange all matters at immigration.... so everything is stuck now because of the owner of the apartment refusing to sign a letter. What can/should I do in this situation? thank you in advance for advise & best regards.

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  • marcus
    replied
    Originally posted by Nilfmonkey View Post
    ... In short I would be telecommuting.

    Would this situation be legal under my KITAS? ...

    Assuming your spouse is Indonesian :

    You would be safer if your Indonesian spouse set up a small Indonesian business and the US based company pay to your spouse (instead of paying you as an Individual) .

    But even the way you intended , you should have some protection from the Article 61 of the Indonesian Law no.6 , year 2011 . You will have to work without a Work Permit/IMTA because the IMTA is only issued if the employer is an Indonesian based company .

    To be 100% safe you should have the agreement of your local Immigration + the local Manpower office .


    http://www.livinginindonesiaforum.or...ponsored-kitas (similar case)

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  • Nilfmonkey
    replied
    Hi everyone,

    I'm living in Indonesia with a spouse-sponsored KITAS, the purpose of which is "ikut istri." I understand that I'm not allowed to work with this type of KITAS, but I'm not sure about the definition of "work" in this case. For example, I'm searching for a job now, and there's a company in the US that has offered me a position where I would work from home in Indonesia and be paid in the US (to a US bank account, paying US income tax). The company is only based in the US, it doesn't have an office in Indonesia. In short I would be telecommuting.

    Would this situation be legal under my KITAS? And if not, what type of permit would I need to be able to work like this? And in case you know, is the definition of "work" specifically "earning income that is taxable in Indonesia" or is it something else?

    thanks a lot in advance

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  • brontebeachsands
    replied
    Marcus Thank you for your reply. I will expand upon it shortly.

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  • marcus
    replied
    1/ If you marry with a prenup/separated wealth , I guess she will continue to have : "her own rights to purchase assets, borrow and buy capital equipment" (I know for sure that she can buy Indonesian properties in her name only) .

    2/ Some people have registered it in Court and with the marriage certificate at an Indonesian city's Kantor Catatan Sipil , but I guess it is not mandatory (I don't know the rule stating that yet) .

    3/ In my view it is not important .

    4/ If you want to continue coming to Indonesia only for short stay , Indonesian Visit Visa or Visa-on-arrival seem ok .

    5/ As alternatives depend on the reason behind your choices , I may revise my options if you tell us more about your/her reasons .


    http://www.livinginindonesiaforum.or...ghlight=prenup (Atlantis' post no.24 , prenup's court register)

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  • brontebeachsands
    replied
    Question for Marcus,
    Hi I 'm in a relationship for about 2 and half years with my girlfriend,,
    I'm Australian and since meeting up with her have had the long distance relationship so have been visiting every second and third month from Sydney to Jakarta. My spouse to be, is a business women for many years now and has a 6 yo child from a previous relationship, never married, we have had many trips away to Japan etc Sg, etc. I 'm able to do the travel and stay in her home when here in Jkt , have frequent family gatherings many times.She has traveled to Sydney as well on Tourist visa 3 year duration.
    Plan to marry shortly next year.
    She would like to retain her status as single in order to retain her own rights to purchase assets, borrow and buy capital equipment when needed, without consent from the to be husband. I agree and see why. I'm also in business in Sydney. Not sure but prefer to married in Australia.
    questions
    1/ She retains single Status.
    2/ Pre nap is must have. Does it need to be registered? Or We just hold the document prepared under the Act.
    3/ Adopt the child after marriage is do.
    4/ My status is a visitor on renewal by travel to Sydney every two months.
    5/ Alternative views on this?
    Last edited by brontebeachsands; 26-09-18, 20:12. Reason: thanks

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  • Theresia
    replied
    Oh wow. Wont judge either, glad I came across to know you before hand, its quiet comforting to see old face /member to have a convo with. You have a good day at there Marcus and cheers !

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  • marcus
    replied
    Originally posted by Theresia View Post
    (i) ... Puspa, she is not here anymore ...

    (ii) What happens ?

    (i) Correct .

    (ii) What happened I don't know well enough . I do know that some 2 years ago few moderators and few old members publicly criticized the Forum's Administrator (rudely in my view) for deciding for a software update which caused (in my view) few minor problems in the functionality of the Forum . Then a new similar Forum was suddenly created (by some of the moderators?) just few days after the first event I mentioned . I guess these things and maybe others caused some members and all the moderators being banned from this Forum .


    From http://www.livinginindonesiaforum.or...941-puspawarna

    User Profile

    Puspawarna
    Banned
    Last Activity: 20-07-16, 07:24
    Joined: 13-12-08
    Location: The Big Durian
    Last edited by marcus; 11-09-18, 11:21.

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  • Theresia
    replied
    Marcus : One more thing, just had a quick browse and found Puspa, she is not here anymore ( Gosh, I abandoned this site for almost 5 years probably). What happens ?

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  • Theresia
    replied
    Oh wow, Indonesian Immigration seems progressing at the back home. Used to do all of the mischief things to get my papers done ( frankly saying!). Anyway thank you for your kind responses. Much appreciated. Have good day !

    Leave a comment:


  • marcus
    replied
    Originally posted by Theresia View Post
    (1) Would it be a different VISA for my children with educational purpose ( non-academical program)?. ..

    (2) Can we just use the Visa on arrival then convert to KITAS once we arrived at Indonesia ?

    (1) Although an Indonesian Visa should be used according to its purpose , in my view there is no problem in going to a school with a Family Visit Visa or Family KITAS . In other words , in the Visa request form , I think you could write , regarding the purpose of the visit : social & cultural , or family visit (or maybe both) .

    Just to add that according to Indonesian Law (see below) , using a Visa/KITAS for a incorrect purpose is considered a crime (but I guess that this rule was mainly issued to target foreigners working with Visas/Stay Permits for business , tourism , social & cultural , ..) .

    (2) No. If you come with it , you will later have to go to Singapore/Malaysia/... to get one of those 2 Visas I told you before .


    UU6 - year 2011
    Article 122
    Shall be punished with imprisonment of five (5) years and fined at most Rp500.000.000, 00 (five hundred million rupiah):

    a. any foreigner who deliberately misuse or engage in activities not in accordance with the intent and purpose of the Visa/Stay Permit given to him/her;
    b. ...

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  • Theresia
    replied
    @ Marcus : Would it be a different VISA for my children with educational purpose ( non-academical program)?. We have a plan to put them at Javanesse cultural school for 6 months. Can we just use the Visa on arrival then convert to KITAS once we arrived at Indonesia ?. Please and thank you.

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  • marcus
    replied
    Originally posted by Theresia View Post
    ... Do I have to arrive at Indonesia first before applying or can I just apply electronically to Indonesian Embassy at here ?...

    Assuming you are in a marriage Indonesian + foreigner :
    There are 2 ways to get a KITAS sponsored by the Indonesian spouse :
    1) By first getting a (single entry) Family Visit Visa sponsored by the Indonesian spouse in an Indonesian Embassy (later within 150 days converting this Visa into a KITAS) ;
    2) By first getting a Family VITAS/Limted Stay Visa sponsored by the Indonesian spouse (later within 30 days , requesting the KITAS)

    Check your Indonesian Embassy's website for information about 1) above . The VITAS requires a "telex visa" from Jakarta's Immigration Directorate (may be requested online , see second & 3rd link below)

    http://www.kemlu.go.id/en/kedutaan/default.aspx (Indonesian Embassies'/Consulates' websites/address)

    http://visaonline.imigrasi.go.id/onl...masi.xhtml?i=1 (Visa online - information)

    http://www.livinginindonesiaforum.or...nd-other-visas (example of online VITAS "pre-approval" process)

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