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  • KITAP sponsor change from private to investor

    Hi there,
    I hope someone with a deep knowledge of the immigration law and/or similar experience can help me with my tricky case:

    After my divorce (9 years of marriage, 1 child) I could stay on a KITAP because I found an Indonesian person to sponsor me. The immigration accepted the sponsor change to my friend in early 2019.

    I established a PT PMA in 2019 after the divorce and went to the immigration to ask to change the sponsorship again so that my "personal" KITAP becomes an Investor-KITAP.
    The officer told me that time that it's not necessary to do this right away, because I have all the papers (approval from the Investment department (DINAS PENANAMAN MODAL)) and since I would need to pay a full new KITAP and MERP.

    Of course, following their advice was a mistake, because now when my MERP expired, I thought it's a good idea to change my KITAP from my friend to the company as my sponsor.
    Now I found myself in a difficult situation with the immigration. Here what happened and my questions:
    1. Sponsor change from private to company is not possible (married people can add a company to their KITAP, he said. But I can't, since my sponsor is a friend. But they said I could do an EPO???? and start with an investor-KITAS that I after 2 years can upgrade to a KITAP again.
      • What happens to things that I believe only KITAP holders can have? I own property (HAK Pakai), vehicles (car & bike), credit card, bank accounts, etc.?
    2. A higher ranking officer pulled me into his office and told me that I should have reported my investment in 2019 and since I failed do that, he wants to talk to my sponsor.
      • I don't want to put my friend into any troubles as he helped me out here with good faith. What shall I do?

    In terms of sponsor change, reading the immigration law did not helped me much. I found only this info on the web. Here a link to the immigration of SoekarnoHatta https://soekarnohatta.imigrasi.go.id...tinggal-tetap/
    This seems like they are right and I can't change the sponsor. Or do you have better information?

    I will appreciate any help from you guys, Thank you!

  • #2
    Originally posted by Koni in Jogja View Post
    (1) ...(married people can add a company to their KITAP, he said...

    (2) What happens to things that I believe only KITAP holders can have? I own property (HAK Pakai), vehicles (car & bike), credit card, bank accounts, etc.?

    (3) A higher ranking officer pulled me into his office and told me that I should have reported my investment in 2019 and since I failed do that, he wants to talk to my sponsor.

    (4) I found... a link to the immigration of SoekarnoHatta...
    This seems like they are right and I can't change the sponsor. Or do you have better information?...

    (1) It may be a misunderstand , as I don't know/never heard (in almost 14 years here) anything about "adding a company to a KITAP" . When still married , you could add a work permit to your KITAS/KITAP in order to work or work informally in your wife's company .

    (2) You are mistaken . A KITAS holder can do those things too . I am a KITAS holder myself and I have all those things except the Hak Pakai property & vehicles (see below about Hak Pakai) . I am sure a KITAS holder can own a vehicle and almost sure a KITAS holder can own a Hak Pakai property too (your PT PMA also can own a Hak Pakai property) .

    (3) We (foreign residents) are not required to report investments to Immigration (see below what are required by Immigration Law) . What is quetionable is if you changed your "occupation". And if you did change your occupation , the Law or any Regulation (as far as I know) don't define the limit of time to report to Immigration .

    (4) Sorry , could you copy/paste the relevant part ? I didn't see anything relevant there .


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


    - As far as I know , besides the sponsor change for divorce/death from/of the Indonesian spouse/sponsor I don't know any other official rule for sponsor change , although in the past I have read non-official information about sponsor change in other cases , but no real case as far as I remember .


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


    PerMen no.40 Year 1996
    Article 39
    Those who can have "Hak Pakai" are:
    a. Indonesian citizens;
    b. A legal entity established under Indonesian law and domiciled in Indonesia;
    c. Departments, Non-Departmental Government Agencies, and Local Governments;
    d. Religious and social bodies;
    e. Foreigners domiciled in Indonesia;
    f. Foreign legal entities that have representatives in Indonesia;
    g. Representatives of foreign countries and representatives of international agencies.

    "Law Explanation" of item e. above : "Foreigners who are considered domiciled in Indonesia are foreigners whose presence in Indonesia provides benefits for national development"


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


    UU no.6 , year 2011 (Immigration Law)
    Article 71
    Each foreigner residing in Indonesia shall:
    a. provide all necessary information regarding his/her identity and / or identity of his/her family, and report any changes in : civil status, nationality, occupation, sponsorship, or a change of address to the local Immigration Office; or
    b...

    Article 116
    Each foreigner who do not perform his/her obligations as stipulated in Article 71 shall be punished with a maximum confinement of 3 (three) months or a fine of up to 25,000,000, 00 (twenty five million rupiah).

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

    According to item (2) of Article 3 of Petunjuk Pelaksanaan no. IMI-GR 01.13.3849 , Tahun 2016 , a foreigner or his/her sponsor must (formally) inform Immigration within 60 days of any change in his/her : marriage , divorce , child birth , family member death.

    Comment


    • #3
      Hi Marcus,
      Thank you for such a fast and good reply! You're truly a hero in this forum! (my profile is new, as my old account had an error)

      (1) It may be a misunderstand , as I don't know/never heard (in almost 14 years here) anything about "adding a company to a KITAP" . When still married , you could add a work permit to your KITAS/KITAP in order to work or work informally in your wife's company .

      (2) You are mistaken . A KITAS holder can do those things too . I am a KITAS holder myself and I have all those things except the Hak Pakai property & vehicles (see below about Hak Pakai) . I am sure a KITAS holder can own a vehicle and almost sure a KITAS holder can own a Hak Pakai property too (your PT PMA also can own a Hak Pakai property) .

      (3) We (foreign residents) are not required to report investments to Immigration (see below what are required by Immigration Law) . What is quetionable is if you changed your "occupation". And if you did change your occupation , the Law or any Regulation (as far as I know) don't define the limit of time to report to Immigration .

      (4) Sorry , could you copy/paste the relevant part ? I didn't see anything relevant there .

      (1) It was in the context of me being the director of a PT PMA. I'm wondering what would happen if you want to add the investor status to your spouse sponsored KITAP. Say your spouse is sponsoring you, but in the same time you are the director of a PT PMA (while your spouse does not own shares) and your personal investment exceeds 1 Billion Rupiah.

      (2) Thanks, my notary said the same, with your confirmation I believe it now to be true. (It wasn't in the old times if I remember right) So I don't need to worry about those things anymore.

      (3) I forgot to mention that I wanted to change the private sponsored KITAP to an Investor-KITAP because I'm the director of that PT PMA and would like to (more) legally take care of my investments (do my job as an director) and therefore change my occupation.

      (4) Sorry for the faulty link. Here the correct one and the text: https://soekarnohatta.imigrasi.go.id/alih-sponsor/
      (DIRECTIVES OF DIRECTOR GENERAL OF F-309.IZ.01.10 1995)

      Transfer of Sponsor is a change or change of responsibility or guarantor who is responsible for the existence and activities of foreigners holding Limited Stay Permits or Permanent Stay Permits.
      Transfer of sponsors can be done in terms of:
      1. Between business entities, companies or private or government business organizations that are still in the same group and or the same owner.
      2. Between business entities, companies or private and government business organizations that still have close cooperative ties based on the existence of attachments to complementary types of products.
      3. Between business entities, companies or private and government business organizations that have business activities related to the implementation of government projects based on recommendations from the competent authorities.
      The request for transfer of sponsorship is submitted by the relevant foreigner and/or the new sponsor or his/her proxy to the Head of the Immigration Office whose working area includes the residence of the foreigner concerned by fulfilling the following requirements:
      1. Letter of Application and letter of guarantee from new sponsor
      2. Passport of the foreigner's nationality concerned is valid and still valid
      3. The relevant Limited Stay Permit Card
      4. Statement letter from the old sponsor stating that the foreigner does not mind the transfer of sponsorship and work for the new sponsor
      5. Recommendations for transfer of sponsors from agencies
      6. RPTKA from sponsors
      7. Deed of establishment of old and new sponsors

      Do you know where I can find the Petunjuk Pelaksanaan no. IMI-GR 01.13.3849 , Tahun 2016?
      I would like to read it to see if they don't or do mention occupation changes.

      Thanks again Marcus and a happy new year!

      Comment


      • #4
        Originally posted by Koni in Jogja View Post
        (1) ...I'm wondering what would happen if you want to add the investor status to your spouse sponsored KITAP...

        (2) ...(It wasn't in the old times if I remember right)...

        (3) I forgot to mention that I wanted to change the private sponsored KITAP to an Investor-KITAP because I'm the director of that PT PMA and would like to (more) legally take care of my investments (do my job as an director) and therefore change my occupation.

        (A) Do you know where I can find the Petunjuk Pelaksanaan no. IMI-GR 01.13.3849 , Tahun 2016?
        I would like to read it to see if they don't or do mention occupation changes.

        (1) I would prefer not to say "add" in this case . For an Indonesian spouse sponsored KITAS/KITAP , I think the foreigner should just "report" the "occupation" change (in case of being Director/Commissary & investor) to Immigration as required by the Immigration Law .

        (2) Since 2008 I didn't hear of any change , except that in the old times I had Indonesian bank accounts and credit card even with a (maximum 180 days) Visit Visa/Social Cultural Visit Stay Permit (no KITAS/KITAP) . The bank just asked me a proof that I had an Indonesia address (with a Surat Domisili/Domicile Statement/Letter) . I can still open an account in Indonesian "Credit Union" (similar to a bank but no ATM card/internet banking) with only the passport .

        (3) In this case I think you should get the Investor KITAS/KITAP . Although an Investor KITAS/KITAP is not for work , it allows limited Director or Commissary work . Your present KITAP doesn't allow any work at all (remember that your KITAP is not sponsored by Indonesian spouse anymore) .

        (A) https://kotabumi.imigrasi.go.id/file...rang_asing.pdf (unfortunately this copy does not allow you to copy/paste - there may be others in the internet that allow) .

        Happy New Year .

        Comment


        • #5
          Yeah correct, there is no time limit to report occupation changes mentioned!
          Well, if in general all "civil status" changes must be reported within 60 days, then they can make me troubles for following the advice to their officer.

          Thanks again Marcus. I really appreciate your help!

          Regarding work on an investor visa:
          I remember the long discussion in this forum and would say, yes the law and regulations leave room for interpretation that could be used to deport a director when caught doing anything else but shareholder meetings.
          So, I also asked around at the Depnaker, Investment department and the Immigration here in Yogyakarta and all 3 verbally told me that if your a director on an investor visa, you can execute all duties and rights a director of a PT company has without any problems. To specify this a bit, I asked if a director of a restaurant can work in the kitchen, train employees and sign contracts with banks and suppliers and all 3 departments said yes. (Disclaimer: I just share here what I think I remember and understood from officers in Jogja)

          Have a good 2022, everyone reading this.

          Comment

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