Pasal 54 b. keluarga karena perkawinan campuran;
Pasal 60 (2) Untuk mendapatkan Izin Tinggal Tetap bagi pemohon sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf b diberikan setelah usia perkawinannya mencapai 2 (dua) tahun dan menandatangani Pernyataan Integrasi kepada Pemerintah Republik Indonesia.
Pasal 141 b. suami atau istri dari perkawinan yang sah dengan warga negara Indonesia yang usia perkawinannya lebih dari 2 (dua) tahun dan memegang Izin Tinggal terbatas berdasarkan Undang-Undang Nomor 9 Tahun 1992 tentang Keimigrasian dapat langsung diberikan Izin Tinggal Tetap menurut ketentuan Undang-Undang ini;
Pasal 143 Pada saat Undang-Undang ini mulai berlaku, peraturan pelaksanaan dari Undang-Undang Nomor 9 Tahun 1992 tentang Keimigrasian (Lembaran Negara Republik Indonesia Tahun 1992 Nomor 33, Tambahan Lembaran Negara Republik Indonesia Nomor 3474) dinyatakan masih tetap berlaku sepanjang tidak bertentangan atau belum diganti dengan yang baru berdasarkan Undang-Undang ini.
Pasal 145 Undang-Undang ini mulai berlaku pada diundangkan that is tanggal.
Put completely, aided by the complete conditions, which means:
That you already hold an ITAS sponsored by your Indonesian spouse pursuant to the old UU 9/1992, you are eligible for an immediate conversion of your ITAS into an ITAP if you are legally married to an Indonesian spouse for more than 2 years (and have the paperwork to prove it) and.
The moment what the law states ended up being signed/legalized, it came into force, changing UU 9.
Step one: Starting the Conversion to ITAP Process
After having filled all of the papers in the list above it will be possible to start the first faltering step: the application form to your Kantor Imigrasi.
For the application, you will be first be received with a petugas associated with Seksi Statuskim. She or he will say to you if all of your papers are complete or you require extra papers or you have to have some of the papers legalized or translated. This official’s part would be to confirm should your file go to the website is complete. It might take duplicated visits to make clear your legal rights underneath the brand new legislation (to your official) and establish you have got all the required papers to end the verification action.
As soon as all papers are finished you’re going to be directed to your Seksi Wasdakim, for a interview that is possible. The part associated with the Seksi Wasdakim in this application process is always to confirm the dependability of the sponsor, to check on if you should be maybe not blacklisted also to check always your tasks in Indonesia. They may interview you and/or your sponsor to understand what you do, to test in the event that you along with your sponsor are economically dependable. They might make inquiries regarding the marriage, children, etc. They could also make a trip towards the target you have actually given in your application to ensure which you do really together live there together with your partner. This would be described as a step that is relatively easy. The moment the top with this section indications every one of the kinds in your file, your situation will check out the next desk quickly. Theoretically, the Seksi Wasdakim cannot do much to delay the job if:
- All your valuable wedding papers come in order.
- You or your partner can show an income that is adequate.
- You’re not working illegally
The above mentioned would be the only three points that would be argued in this area. If, somebody into the Seksi Wasdakim asks exactly how you will finance your 5 year stay, you might mention article 61 for the immigration UU 6/2011:
Pemegang Izin Tinggal terbatas sebagaimana dimaksud dalam Pasal 52 huruf ag ag e dan huruf f dan pemegang Izin Tinggal Tetap sebagaimana dimaksud dalam Pasal 54 ayat (1) huruf b dan huruf d dapat melakukan pekerjaan dan/atau usaha untuk memenuhi kebutuhan hidup dan/atau keluarganya.
The owner of a short-term Residence license as meant in Article 52 letter ag ag e and page f as well as the holder of the Permanent Residence license as meant in Article 54 paragraph (1) page b and page d may work and/or do company to produce an income for him/herself and/or with regards to household.
You are able to definitively state something such as: “i’ve my personal earnings, however with the views authorized by the new law, we want to purchase Indonesia.“
As soon as your application is endorsed by the Kasi Wasdakim, acknowledging that no dilemmas have now been discovered along with your sponsor or your self, the file goes back again to the Seksi Statuskim. At this stage, the Kasi Statuskim will need to compose a page of suggestion become finalized because of the Kakanim. This letter of recommendation, after being finalized because of the Kakanim is supposed to be gone back to your Seksi Statuskim that may officially have to alert DitJenIm that the ITAP application happens to be started.
The Kasi Statuskim will provide you with the page of suggestion become taken to the KanWil. They might additionally choose to deliver it by themselves, but without a considerable economic inspiration, they will certainly most likely allow you to function as courier. This envelope ought to include:
- The page of suggestion
- A duplicate of all your write-ups (whatever you have already been fond of them, applications, page of sponsor, wedding certificate, etc.)
Conditions of this 2011 Immigration legislation
Down load the Immigration Law – in Bahasa Indonesia
Download FAQ sheet through the Tim Advokasi Perkawinan Campuran (APAB – PerCa) – English – Bahasa
There’s been lots of BUZZ about the passage of the brand new immigration legislation (which replaced the 1992 Immigration Law), and just how it impacts blended nationality partners surviving in Indonesia.
Keep in mind, this Immigration Law is certainly not particularly about blended partners, that are addressed in 5 or 6 articles just, out from the 140+ into the legislation! The components highlighted below just cover those legitimately married to Indonesians or kiddies of blended marriages.
A number of the shows for the brand new legislation consist of:
- An Izin Tinggal Tetap (ITAP) may be given to a spouse that is foreign a period of couple of years of wedding. This really is a significant modification. The ITAP is given initially for 5 years after which will likely be renewed for the limitless duration. The ITAP owner will simply have to are accountable to the immigration workplace when every 5 years for the renewal that is“administrative — for free — as opposed to the yearly renewal currently needed. Nevertheless, underneath the brand brand new costs schedule announced in July 2014, the cost for the renewal following the very very very first 5 years is likely to be a extremely hefty Rp 10,000,000!! Note: the international spouse nevertheless has to have an ITAS for the first couple of many years of your wedding.
- Foreigners who’ve been hitched to A indonesian resident can keep their residency license even with a divorce proceedings or even the loss of the WNI partner. These are generally necessary to have guarantor that is a citizen that is indonesian.
- Appropriate of residency (ITAP) for kiddies created from a blended wedding, just because they look for an international citizenship past their eighteenth birthday celebration. The Citizenship Law (UU No. 12 Tahun 2006) awarded double citizenship to children created from blended wedding, nonetheless they needed to select from their international or Indonesian citizenship, along with no appropriate option to stay in Indonesia (unless they discovered a business to sponsor the visa for work purposes). This can be an important change that is positive on the basis of the 2006 Citizenship Act. Regardless if our young ones elect to just take in the international nationality past their twenty-first birthday celebration, they’ll now remain in a position to stay in Indonesia by having a Residency license.
- This legislation does not change/affect limitations on ownership of home by expats, as that is governed by the Agrarian legislation.
- You can expect to nevertheless require an exit/re-entry license to keep Indonesia and return inside your visa duration.
- Notwithstanding Article 61 into the brand brand brand New Immigration Law, foreigners married to Indonesians are still maybe perhaps perhaps not permitted to be used by any appropriate entity without a work license released by Depnakertrans. They could work just on a casual foundation as self-employed professionals or operate a small company.
- You are able for a spouse that is foreign a work license from an organization to transform from a company-sponsored ITAS to a spouse-sponsored ITAP, so long as the few happens to be hitched for at the least 2 yrs. This requires an alteration of status (alih status) as opposed to a modification of guarantor (alih sponsor) as it is clarified in Surat Edaran Alih reputation ITAS ke ITAP No IMI-2971-GR.01.13 Tahun 2013.