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  • Unlimited KITAP for divorcees

    KITAP Extension
    I went to Warung Buncit to extend my ITAP to Unlimited ("tanpa batas") status. My 2014 divorce (after 11 years of marriage) meant a change in my "status sipil" (from "married" to "divorced") and thus my sponsor's status (from "Penanggung Jawab", which is reserved for spouses of WNA, to "Penjamin", which is for non-spouse sponsors). So firstly I had to (i) register my civil status change, and (ii) submit a "change of sponsor" application letter (even though I wasn't switching sponsors). Buncit then claimed that because of my "change of sponsor" I would have to apply for a further 5-year ITAP extension (with a view to going "tanpa batas" in 2022). For this they charged me Rp 4.35 million (being the cost of a 6-month MERP(?) a 5-year ITAP, and an admin fee - which of course was not at all what I was asking for.

    After a series of discussions and debate with Pak Sugiyono, the Buncit head, Pak Friece at Kanwil MenKumHam on Gatot Subroto, and the guys at Ditjen Imigrasi in Sentra Mulia, I was issued with a new ITAP valid only until the expiry date of my existing ITAP (16-02-2017) but with my ex-wife's new sponsorship status as "Penjamin". I was then able to immediately submit my application for ITAP Tanpa Batas - rather than having to wait till 2022.

    Bottom line: if you are still happily married at the time of your ITAP renewal and/or have no plans to change sponsor, you should get your unlimited ITAP easily enough. Otherwise, you need to prepare to face these interim stages.

    My advice is:
    1. Always process ITAP-related issues yourself. Agents charge huge fees, and (more importantly) do not understand (or care about) the nuances of the prevailing immigration laws.
    2. Familiarize yourself with the key parts of the related laws - in particular UU6/2011 and UU 31/2013.
    3. Be courteous but not obsequious; be firm but not rude. The guys at Imigrasi these days (I can only speak for JakSel/Buncit....) are way more professional and helpful than their counterparts of old. A visit to Imigrasi in 2017 compared to one in 1997 is like visiting a different planet. We should respect this.

    On a related topic, I noted that whereas the 60-day time limit for notifying Imigrasi of any civil status did not previously apply to foreigners whose marriage had/has lasted more than 10 years (ref UU 31 Tahun 2013 Pasal 162 and 163), this may now be about to change. I base this view on PP DitJen Imigrasi No. IMI-GR.01.13-3849 Tahun 2016 Tentang Pelaporan Perubahan Status Sipil, Kewarganegaraan, Pekerjaan, Penjamin/Penanggung Jawab, Atau Perubahan Alamat Orang Asing Pasal 3 (2), which does not discriminate between foreigners married for 10 years or more and those married for less than 10 years.







  • #2
    thanks for the information,

    Comment


    • #3
      Originally posted by jakartaharpman View Post
      (1) ... because of my "change of sponsor" I would have to apply for a further 5-year ITAP extension ...
      After a series of discussions and debate ... I was issued with a new ITAP valid only until the expiry date of my existing ITAP (16-02-2017) ...

      (2) .. I noted that whereas the 60-day time limit for notifying Imigrasi of any civil status did not previously apply to foreigners whose marriage had/has lasted more than 10 years (ref UU 31 Tahun 2013 Pasal 162 and 163), this may now be about to change. I base this view on PP DitJen Imigrasi No. IMI-GR.01.13-3849 Tahun 2016 Tentang Pelaporan Perubahan Status Sipil, Kewarganegaraan, Pekerjaan, Penjamin/Penanggung Jawab, Atau Perubahan Alamat Orang Asing Pasal 3 (2), ...

      (1) I guess Immigration did it wrong . In my view , you should not pay because there is no fee for sponsor change and there is no 5 years KITAP extension . But I would say that they interpreted the Law in your favor , in relation to the extension . The Law does not state clearly that you could extend the KITAP .

      (2) I did read the new Article 3 of the new Regulation (that you mentioned) but have a different view :
      - The Law and PP no. 31 states that it is a crime if one does not report the status change , but does not state how many days one has to report , so this new Regulation now states : 60 days .

      - In my view , this new limit does not affect Article 162 of PP no.31 , year 2013 , which was applied in your case . Others in similar situation will continue to comply with it , and in addition with this new Regulation . The PP no.31/2013 has higher power than this new Regulation .

      Comment


      • #4
        Who is your sponsor now with new KITAP as a divorcee?

        Comment


        • #5
          Originally posted by centurion View Post
          Who is your sponsor now with new KITAP as a divorcee?
          That can be anyone, your ex-wife or even a local friend/family member. The sponsor type will be penjamin.

          Comment


          • #6
            Originally posted by marcus View Post


            (1) I guess Immigration did it wrong . In my view , you should not pay because there is no fee for sponsor change and there is no 5 years KITAP extension . But I would say that they interpreted the Law in your favor , in relation to the extension . The Law does not state clearly that you could extend the KITAP .

            (2) I did read the new Article 3 of the new Regulation (that you mentioned) but have a different view :
            - The Law and PP no. 31 states that it is a crime if one does not report the status change , but does not state how many days one has to report , so this new Regulation now states : 60 days .

            - In my view , this new limit does not affect Article 162 of PP no.31 , year 2013 , which was applied in your case . Others in similar situation will continue to comply with it , and in addition with this new Regulation . The PP no.31/2013 has higher power than this new Regulation .
            A friend went through the same.
            Only had to change his status from married to divorced, was entered in the system after his ex-wife wrote (as a sponsor) a letter they were divorced and requesting the status change of the e-kitap. Current e-kitap is still valid and did not have to be replaced. Sponsor is not even mentioned on the card, so why would you need a new one?
            next time he has to go back is when he ned to extend his e-kitap in 3 years. Costs: free.

            Comment


            • #7
              Does anyone have any *current* knowledge about the following situation?

              } Spouse-sponsored ITAP holder since december 2011; in december 2016 my ITAP was renewed for the lifetime (unlimited time) status.

              } Currently I am enduring divorce proceedings with my wife which she initiated. Because we are parents of 2 children ages 7 & 5 years, my wife (in her capacity as a citizen of Indonesia) has promised that she will continue to be my ITAP sponsor after our divorce is finalized.

              } In december 2009 we started our business in Jakarta and since that time our business has only operated under the status as an individual-owned business : even though many years ago our business should had been registered as a CV or PT, during all those years my wife never had agreed to go through with the CV or PT formation.

              } All taxes due for our business have been paid using my wife's NPWP following the 1% of total monthly revenue option given by the Tax Office. During our marriage, I have never paid any personal income tax because the tax officials had told my wife that our 1% tax payment for our business had covered both my wife & I because we both were involved in our business.

              } Since 6 months ago in the beginning of january, my wife no longer wanted to be "identified" as the owner of our business & demanded that all the bank accounts in her name which for 7 years had been used for our business stop being used. So in the month of january new bank accounts were opened in the name of our office manager.

              } Over the years, my role in our business has been to oversee all finances, supervise our 5 employees, and maintain the various websites used for our business. Currently our family resides around a 75 minute drive to our main office and I only need to visit that office 2-3 times each month while I work out of a home office.


              ** My question : after the divorce if "our" business is registered as a CV with my "ex-wife" no longer involved in that business, as a lifetime ITAP holder would I be required to have a IMTA (work permit) requested for me so that I can "legally" continue to be involved with that business
              [COLOR=#0000ff]"The earth is one country and mankind its citizens."
              What if we begin to view each other as part of one human family?[/COLOR]

              Comment


              • #8
                Originally posted by all4ywh View Post
                ** My question : after the divorce if "our" business is registered as a CV with my "ex-wife" no longer involved in that business, as a lifetime ITAP holder would I be required to have a IMTA (work permit) requested for me so that I can "legally" continue to be involved with that business

                From the Law/Regulations I did read (but no practical experience) :
                - Yes , you need a Work Permit/IMTA to work ;
                - PerMen no.16 , year 2015 , Article 4 item (2) states that a CV cannot hire a foreigner ;
                - Supposing you change the business to a "pure" Indonesian PT , "your" company may hire you , but you will need to prove you are a work expert (college/university diploma + minimum 5 years of work experience related to the diploma) . And as far as I know , you cannot extend your IMTA for too long (I don't know exactly but it may be not more than 3 years) ;
                - Supposing you change the business to a PT PMA in your name , then you can have an IMTA as a director (or similar) for as long as you want .

                Comment


                • #9
                  I will share a few posts about my recent experience with changing sponsor for my ITAP after divorce from my former wife :

                  > I obtained my first ITAP in december 2011.


                  > In january 2017 my ITAP was renewed for the lifetime status.


                  > In may 2017 my former wife filed for divorce at the state justice court for our area.


                  > On august 16th, 2017, the divorce decision was announced by the case judge at the state justice court for our area, but the divorce decree was not issued by that state justice court for our area until october 11th, 2017.


                  > On october 31st, the divorce certificate was issued by the civil registry office (catatan sipil) in my city of residence. Now according the immigration regulation (Peraturan Pemerintah "PP" no.31, tahun 2013, tentang keimigrasian) : because my former wife & my marriage was less than 10 years (it actually was 8 years), within 60 days of the date october 31st : I was required to report the divorce to the immigration office for my area and submit the name of an Indonesian citizen to be my new sponsor as an ITAP holder.


                  > So all the required documents of my new sponsor & myself were submitted to the immigration office in city of Tangerang. The officials at that office told me that they had never processed a change of sponsorship based on a divorce, so they took extra time while consulting with the National Immigration Office to make sure that my change of sponsorship could be approved.


                  > On february 12th I received from the the immigration office in city of Tangerang : 1 envelope with a recommendation letter & photocopies of documents to be delivered by me to the Regional Office (Kantor Wilayah) for the Ministry of Law & Human Rights in my area, and 1 envelope with a recommendation letter & photocopies of documents to be delivered by me to the National Immigration Office (Direktorat Jenderal Imigrasi) in South Jakarta. Additionally on february 12th, the officers at the immigration office in city of Tangerang gave to me a payment invoice which stated that I must pay the ITAP fee of IDR 3,5 million and the 2-year MERP (exit-entry permit) fee of IDR 1,8 million. When I asked why I must pay again when only 13 months ago I gave a payment of IDR 12 million for my ITAP lifetime renewal fee and the 2-year MERP (exit-entry permit which is valid until december 2018), the immigration officers simply told me that the payment invoice was "automatically" issued by the immigration database, and if I had any questions : I should ask the officials at the National Immigration Office when I deliver my file to that office. So I requested to speak to the section head for ITAP/ITAS at the immigration office in city of Tangerang to inquire why I was requested to make another payment. Her uncaring reply to me : because I am doing a change of sponsorship. I asked her which regulation states that currently as a lifetime ITAP holder I must pay those additional fees? She had no answer and also stated that my case was the first time ever her office had handled a change of sponsorship due to a divorce. I asked if she would consult with officials at the National Immigration Office about this issue because I viewed it as an error. She stated that nobody from her office could directly contact (yeah, sure) the National Immigration Office to consult about this issue and that again : I should ask the officials at the National Immigration Office when I deliver my file to that office. After my conversation with that section head, I had endured enough nonsense from that office so I proceeded to call the 2 telephone numbers which I had for the National Immigration Office, and of course nobody picked up the phone. Next, I sent a WhatsApp message to a number publicized for the National Immigration Office at every immigration office, and I emailed a detailed message to the main email address for the National Immigration Office.


                  > On february 15th I delivered the 1 envelope with a recommendation letter & photocopies of documents to the Regional Office (Kantor Wilayah) for the Ministry of Law & Human Rights in my area. Officials at that office had no clue about the suspicious payment invoice which I received from the the immigration office in city of Tangerang, and they also told me to ask the officials at the National Immigration Office when I deliver my file to that office.


                  > From february 15th through february 21st : many times I called the 2 telephone numbers which I had for the National Immigration Office, and of course nobody picked up the phone; I resent both my WhatsApp message and my email message to the National Immigration Office, but of course no reply from anybody at that office.


                  My next post is about my visit to the National Immigration Office in Jakarta on february 22nd...
                  [COLOR=#0000ff]"The earth is one country and mankind its citizens."
                  What if we begin to view each other as part of one human family?[/COLOR]

                  Comment


                  • #10
                    On february 22nd, I delivered 1 envelope with a recommendation letter & photocopies of my immigration documents to the Direktorat Izin Tinggal Keimigrasian at the National Immigration Office in South Jakarta. Upon arrival I met 2 security guards at the reception desk who took my 1 envelope and requested that I fill out a “file delivery receipt” to accompany the envelope which I had delivered; also I received a copy of that receipt. During my conversation with those 2 security guards, I showed them the new payment invoice which I received from the immigration office in city of Tangerang which stated that I must pay the an additional ITAP fee of IDR 3,7 million and the 2-year MERP (exit-entry permit) fee of IDR 1,8 million. I pointed out to those security guards : only 13 months ago I gave a total payment of IDR 12 million for my ITAP renewal fee (which granted me the “unlimited/lifetime” ITAP) & the 2-year MERP (exit-entry permit which is valid until december 2018), and that the immigration officers at the immigration office in Tangerang simply told me that the payment invoice was "automatically" issued by the immigration database, and if I had any questions : I should ask the officials at the National Immigration Office when I deliver my file to this office. So those 2 security guards at the National Immigration Office told me that they would present my file to the appropriate officials in the Direktorat Izin Tinggal Keimigrasian and see if an officer was available to meet with me. 15 minutes later an officer appeared at the waiting room to meet with me. To preface : I entered the conversation with a positive & respectful demeanor. The officer had quite a negative demeanor. The following is a summary of the 30-minute conversation which was conducted in 99% Indonesian language :

                    Officer : “Just now I briefly reviewed your file & I was informed that you have a question about this latest payment invoice which you received from the immigration office in Tangerang?”

                    Me : “Yes”

                    We proceeded to review : the documents in my file which identify my ITAP renewal from 13 months ago; the current request to change guarantor/sponsor and related documents from immigration office in Tangerang; the divorce certificate; details about my daughter & son. Then the officer asked me these questions :

                    > Why was there a divorce between my former wife & me? My truthful answer : “because my former wife does not want a husband/partner/companion, therefore she filed for divorce in may 2017, and as the officer or anyone can read in the divorce decree : my wife submitted 3 false statements (lies) against me in her original divorce petition in an attempt to expedite the divorce proceedings, which I contested & addressed those false statements during all the 9 court hearings.

                    > Why in may 2009 did I move to Jakarta. My answer : “So that I could reside in the same city as my former wife before our marriage.”

                    > How is my relationship with my daughter who is 8 years old & my son who is 6 years old : both who are citizens of Indonesia? My answer : “very close & loving. Even since the official divorce between my former wife & me : at least 3 or 4 nights every week they stay with me & we enjoy daytime hours together as well.”

                    > Currently am I in a romantic relationship with another Indonesian citizen? My answer : “no”.

                    > Do I rent or own the house where currently I reside? My answer : “Rent for already 24 months. Just 12 days ago I extended the contract another 12 months for that house.”

                    > What is my employment status? My answer : “I oversee the business which my former wife & I established in december 2009.”

                    > What is my annual income from that business? My answer : “Enough to support the needs of my children & me.”

                    > In my life have I ever been convicted of any crimes? My answer : “never”.

                    > What is my relationship with my new guarantor/sponsor? My answer : “A friend who along with his wife: 8 years & 8 months ago I met them through my former wife..

                    Officer : “Because your marriage with your former wife officially ended as of october 31, 2017 : your “unlimited/lifetime” ITAP will be canceled but your current request to change sponsor for an ITAP will be considered by my department, however there is no guarantee that your request will be granted : my superiors will consider all the details of your situation. By march 1st you will learn of the decision. If the change of sponsor is granted to you, the fees in the payment invoice given to you by the immigration office in Tangerang must be paid march 10th.”

                    Me : “Sir, I am confused. Based on Peraturan Pemerintah (“PP”) Republik Indonesia Nomor 31 Tahun 2013, Tentang Peraturan Pelaksaan Undang-Undang Nomor 6 Tahun 2011 Tentang Keimigrasian, Pasal 163 (I show the article/clause to him), how can my current ‘unlimited/lifetime’ ITAP be canceled? In that article it specifically states : ‘For a mixed marriage which has age less than 10 years, Permanent Residence Permit [‘ITAP’] of Foreign Person which is legal remains valid although their marriage has ended because of divorce and/or on decision of court if the concerned Foreign Person has a Guarantor [sponsor].’ “

                    Officer : “There are ‘other’ Peraturan Pemerintah which address your situation.”

                    Me : “Which specific Peraturan Pemerintah ?”

                    Officer : “I will inform you later.”

                    Me : “Concerning the fees in the payment invoice given to me by the immigration office in Tangerang which just now you stated must be paid : which specific immigration regulation states that based on my situation I must pay again the full fees for a ITAP & 2-year MERP, when only 13 months ago I gave a total payment of IDR 12 million for my ITAP renewal fee (which granted me the ‘unlimited/lifetime’ ITAP) & the 2-year MERP (exit-entry permit which is valid until december 2018) ?”

                    Officer : “I will inform you later. My superiors will consider that detail. ”

                    Me : “For the past 8 years & 9 months I have resided continuously in Indonesia. Both of my young children were born here & are citizens of Indonesia. At this time I cannot imagine not being allowed to continue as a resident in this nation because this is the place of residence for my children.”

                    Officer : “All those details will be considered by my superiors. However, if it is not the will of Almighty God for you to continue as a permanent resident here, what can you do? You have to follow the other paths presented to you. You could return as a tourist, then marry another citizen of Indonesia, or you could seek sponsorship through other employment. Why not return to your nation of birth and work over there, then every few months visit Indonesia to see your children? In this life there are many challenges & obstacles for each of us as human beings but whatever is the will of Almighty God, we cannot go against. If I resided in your nation of birth, and my permanent resident status was canceled by immigration, I could not protest & complain but I would need to return to Indonesia, correct?

                    Me : “I have no desire to be separated by thousands of kilometers from my children. Now during this conversation, you already have seen that I have not protested or complained to you : I am here to ask for clarifications on points to which I have not been given answers by officers at either the the immigration office in Tangerang or the Kantor Wilayah in Serang, Banten. Secondly, actually for 13 years I had a working relationship with the immigration department in my nation of birth, and to address your question : if an individual’s permanent resident status happened to be canceled in that nation, the individual would have the right to appeal the decision.”

                    Officer : “Let me tell you a story about me : in the year 2009 I was an immigration officer in this same office, but I worked in the department which oversaw the immigration affairs at Soekarno Hatta airport in Tangerang. In that year I was accused falsely of a crime related to immigration matters of my friend who wanted to work in Abu Dhabi. I was imprisoned for around 3 months until I was acquitted by the Supreme Court of those false charges, and now over 8 years later I am still an officer in the National Immigration office : so I survived that challenge & obstacle, therefore I am a stronger person because of it. So again my point to you : whatever is the will of Almighty God, we cannot go against. Is there anything else we need to discuss now? Because I desire to take my break now.”

                    Me : “We have discussed enough for now, thank you. I will wait to hear back from you again about those specific immigration regulations which you referred to during this conversation.”

                    Officer : “Alright, goodbye.”


                    We ended the conversation respectfully. After I met with that officer, my instincts at that moment were not to directly ask for a meeting with his superiors because I felt that he would do something to make a problem with my resident status in Indonesia. Based on his negative demeanor during our 30-minute conversation : he is the very common type of individual who wears a government uniform & "talks down" to people as if everyone else who does not wear a uniform like him are not as intelligent as he is.

                    (Continued in next post)...
                    [COLOR=#0000ff]"The earth is one country and mankind its citizens."
                    What if we begin to view each other as part of one human family?[/COLOR]

                    Comment


                    • #11
                      During that visit I had to fill in 3 identical “requestor” receipt slips with my personal data. At this time it is written on those slips :

                      Berkas akan diperiksa dan diteliti oleh petugas. Jika telah memenuhi persyaratan Surat Keputusan (SK) akan diselesaikan paling lambat tanggal _____________.” (on my slips an official at the DirJen office wrote in the date 01-03-18 [march 1st] ).

                      Translation of the above statement : “File will be reviewed and be researched by an official. If it has fulfilled requirement Decision Letter will be finished at the latest date _______________.”

                      On the current receipt slips there was nothing written about how notification to requestor would be conducted, so I asked the official at the DirJen office who I met during that visit and he said that I would be notified by either : email, phone call or WhatsApp.

                      My next post is the conclusion of this saga...
                      [COLOR=#0000ff]"The earth is one country and mankind its citizens."
                      What if we begin to view each other as part of one human family?[/COLOR]

                      Comment


                      • #12
                        On march 8th I learned that my change of sponsor request for my ITAP was approved!


                        However as I previously wrote in my previous posts above : due to divorce because my “unlimited/lifetime” ITAP already was canceled but my request to change sponsor was approved, at this time I must still pay a new 5-year ITAP fee of IDR 3,7 million and a new 2-year MERP (exit-entry permit) fee of IDR 1,8 million. I was told that in 5 years if my friend still is the same sponsor, then at that time my ITAP renewal will be for the “unlimited/lifetime” ITAP. Ironically the same "negative tone" officer at the DirJen office in Jakarta who I met on february 22nd was the same officer who yesterday informed me that my request was approved, but he would not inform me about which specific immigration regulation states that based on my situation I must pay again the full fees for a ITAP & 2-year MERP. However, after receiving the approval to continue with permanent resident status in Indonesia and at this time not desiring to agitate his superiors at the DirJen office, I decided to hold my tongue and not protest about the required new payment of fees. If it turns out that for only the past 14 months I paid the amount of IDR 12 million for my previous short-term “unlimited/lifetime” ITAP : I equate that payment as affording me the opportunity for all those months to be nearby by two young children – time enjoyed & cherished which is priceless...
                        [COLOR=#0000ff]"The earth is one country and mankind its citizens."
                        What if we begin to view each other as part of one human family?[/COLOR]

                        Comment


                        • #13
                          I just read this - great post and story. Loved it. Glad it all worked out for you, bar the excessive payments - which, as you say (and Immigration understand all too well) are a "small price" to pay for the chance to live here forever. Having to go through the Tangerang office will have been one of the main stumbling blocks here. You were the guinea pig for them, just as I was for the Jakarta Selatan office.

                          Comment


                          • #14
                            This is a very detailed story thanks so much. I live in sidoarjo and am about to go to immigration tomorrow to ask about chabging sponsorship. I will be getting divorced soon which is inevitable and i assume the info i get can be totally different since it seems each immi office has their own interpretation. My soon to be ex-wife or a friend of mine will definitely be my sponsor, but they do bot have huge bank accounts to show. I am separated currently and i have a relationship with an indonesian lady who would marry me. I wonder if i divorce and my (hypothetical) new wife is my new sponsor, would i just be able to continue my existing kitap. Any help, tips would be much appreciated.

                            Comment


                            • #15
                              You can continue with your existing kitap. Your ex-wife or your current girlfriend can be your sponsor. In my case, my ex-wife is my sponsor. That is the best solution, I think, if you have children together. There is an extra step to go through if you want your ex-wife to remain as your sponsor.

                              Comment

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