Divorce, KITAP and right to work

[centurion]

If you have a spouse KITAP and you get divorced, do you keep the right to work according to article 54 and 61 of the Immigration Law if you keep the KITAP?
In this particular case, there are kids from the marriage, and they will be supported by the father who has the KITAP.

 

[Bad_azz]

I would assume if you keep the ITAP, you keep the rights.
Depending on how long you were married before being divorced etc (the criteria that permits you to keep the visa)

 

[centurion]

If you were in marriage less than 10 years you have to submit new sponsor in 60 days. If you are in marriage more than 10 years you have to submit new sponsor in some moment. Not affecting what I asked, actually.
But is your KITAP still treated as a family KITAP due to mixed marriage-even the marriage does not exist anymore?
What if you don`t have kids and there is not any family in any form?

 

[Bad_azz]

It affects what you asked because if you keep the ITAP you keep the status connected to it.
I am not sure about the details for keeping the ITAP re more or less than 10 years marriage. Otherwise I would have shared them & I am too busy to hunt them down for you..

BUT the visa one is on is what defines the legal status/rights for the visit/reason to be in Indonesia.
If on a work related ITAP then one would need work permits and other things that go with it- more constraints.

If on a spouse sponsored ITAP & the marriage has ended - yet the ITAP is still active (as in a new sponsor ) then the same rights/status are attached to it. Why wouldn't they be?

 

[DzulnSiti]

If not mistaken if husband and wife separated due to divorce below 10years then the ITAP/KITAS become void unless due to death then can continue with new sponsor.

 

[all4ywh]

If not mistaken if husband and wife separated due to divorce below 10years then the ITAP/KITAS become void unless due to death then can continue with new sponsor.

Obtained from the Law Forum in the "other" expat website :

Peraturan Pemerintah (PP) no.31, tahun 2013, tentang keimigrasian :

Pasal 163
(1) Untuk perkawinan campuran yang berusia kurang dari 10 (sepuluh) tahun, Izin Tinggal Tetap Orang Asing yang diperoleh karena perkawinan yang sah tetap berlaku walaupun perkawinannya telah berakhir karena perceraian dan/atau atas putusan pengadilan jika Orang Asing yang bersangkutan memiliki Penjamin.

(2) Penjamin sebagaimana dimaksud pada ayat (1) merupakan perorangan yang berkewarganegaraan Indonesia.

(3) Penjamin sebagaimana dimaksud pada ayat (2) harus diajukan pada Kantor Imigrasi yang wilayah kerjanya meliputi tempat tinggal Orang Asing dalam waktu paling lama 60 (enam puluh) hari terhitung sejak tanggal diterbitkannya akta perceraian.

(4) Jika Orang Asing tidak mengajukan Penjamin dalam jangka waktu sebagaimana dimaksud pada ayat (3) maka Izin Tinggal Tetap dibatalkan.


Translation :

Government Regulation no.31, year 2013, about immigration :

Article 163
(1) For mixed marriage that lasts less than 10 (ten) years, Permanent Stay Permit obtained due to legal marriage shall remain valid although his/her marriage has ended due to divorce and/or upon court decision in case of the foreigner concerned has a sponsor.

(2) Sponsor as contemplated in clause (1) shall constitute an individual who has an Indonesian citizenship.

(3) Guarantor as contemplated in clause (2) shall be submitted to Immigration Office where its service area covers the residence of foreigner within the maximum period of 60 (sixty) days as of date of divorce deed is issued.

(4) In the event that such foreigner present no sponsor within the period as contemplated in clause (3) then such Permanent Stay Permit shall be invalidated.

 

[all4ywh]

Are there any updates concerning the OP's question in post #1?

My 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 the 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 only 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?

 

[Bad_azz]

Hmm great question.
My take on it would be that if you are on a spouse sponsored visa (even if divorced, I think that is still the type of visa you are on) that as a director or whatever of the family business you do not need an IMTA- my disclaimer is that I will happliy bow down to superior knowledge in these matters.
I am (as yet unaware of any clause that states you have to dismantle your entire life here if you get divorced from the Indonesian spouse- once on a permanent residence visa - I have a copy of the relevant laws somewhere & would dig them out but it is an 80 page pdf ... if no one else pops up with the info in the mean time , bear with me & I will see if I can find said document/a link to it in Indonesian.

 

[Bad_azz]

its in this bit somewhere ... I think:


(3) Izin Tinggal terbatas sebagaimana dimaksud pada ayat (1) dapat dibatalkan dalam hal Orang Asing:
a. terbukti melakukan tindak pidana terhadap negara sebagaimana diatur dalam peraturan
perundang-undangan;
b. melakukan kegiatan yang berbahaya atau patut diduga akan berbahaya bagi keamanan dan
ketertiban umum;
c. melanggar ketentuan peraturan perundang-undangan;
d. memberikan informasi yang tidak benar dalam pengajuan permohonan Izin Tinggal terbatas;
e. dikenai Tindakan Administratif Keimigrasian; atau
f. putus hubungan perkawinan karena perceraian dan/atau atas putusan pengadilan bagi Orang Asing
yang memperoleh Izin Tinggal terbatas karena kawin secara sah dengan warga negara Indonesia.
(4) Izin Tinggal Tetap sebagaimana dimaksud pada ayat (1) dapat dibatalkan dalam hal Orang Asing:
a. terbukti melakukan tindak pidana terhadap negara sebagaimana diatur dalam peraturan
perundang-undangan;
b. melakukan kegiatan yang membahayakan keamanan negara atau patut diduga akan berbahaya
bagi keamanan dan ketertiban umum;
c. melanggar pernyataan integrasi;
d. mempekerjakan tenaga kerja asing tanpa izin kerja;
e. memberikan informasi yang tidak benar dalam pengajuan permohonan Izin Tinggal Tetap;
f. dikenai Tindakan Administratif Keimigrasian; atau
g. putus hubungan perkawinan Orang Asing yang kawin secara sah dengan warga negara Indonesia
karena perceraian dan/atau atas putusan pengadilan, kecuali perkawinan yang telah berusia 10
(sepuluh) tahun atau lebih.
Pasal 160
(1) Dalam hal suami atau istri warga negara Indonesia meninggal dunia, Izin Tinggal terbatas atau Izin
Tinggal Tetap Orang Asing yang diperoleh karena perkawinan campuran tetap berlaku.
(2) Orang Asing sebagaimana dimaksud pada ayat (1) yang suami atau istrinya warga negara Indonesia
meninggal dunia harus memiliki Penjamin berkewarganegaraan Indonesia.
Pasal 161
(1) Dalam hal ayah dan/atau ibu warga negara Indonesia meninggal dunia, Izin Tinggal terbatas atau Izin
Tinggal Tetap anak berkewarganegaraan asing dari hasil perkawinan campuran tetap berlaku.

Sorry if I am all over the place with my Indonesian & translations-
** The bolded bit I think...
Who obtained a Limited Stay Permit for legal marriage with Indonesian citizens.
(4) A Permanent Stay Permit as referred to in paragraph (1) may be canceled in the case of a Foreigner:
A. Proven to commit a criminal act against the state as stipulated in the regulation
legislation;
B. Conduct activities that endanger the security of the country or are suspected to be dangerous
For security and public order;
C. Violating the statement of integration;
D. Employing unemployed foreign workers;
E. Provide false information in the application for a Permanent Stay Permit;
F. Subject to Immigration Administrative Action; or
G. Termination of a marriage of a foreigner who is legally married to an Indonesian citizen
Due to divorce and / or court decision, except for marriage aged 10
(Ten) years or more.

So I guess the answer to your question depends on how long you have been married. Because that is what will dictate your visa status.

 

[Bad_azz]

http://www.hukumonline.com/pusatdata/download/lt518a1a6cb1c14/node/lt518a19697ab23



ahhh , sorry should have scrolled up sooner... the document is the same.
I cannot add to what has already been said.
I figure if we were way off base someone would have piped up & told us so.

 

[all4ywh]

To alert others who may experience a divorce while an ITAP holder, I will share some details about the process which I have endured to change my sponsor for ITAP from my former wife to a good friend who is an Indonesian citizen and I have known for almost 9 years. First, a bit of my history as an ITAP holder :


> 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 I will write about my visit today to the National Immigration Office in Jakarta...

 

[centurion]

New KITAP-new fees, that is the rule. You change the sponsor, that is a new KITAP, so you pay again.
Also, if you lose the KITAP card and you want to get the duplicate you will pay everything-KITAP+MERP again.

 

[all4ywh]

Centurion, what you have learned is based on which immigration regulation which specifically addresses the issue of an ITAP holder whose marriage ends with their spouse who is a citizen of Indonesia, and in that specific situation what are the related fees to change sponsor/guarantor to another citizen of Indonesia?


Because according to Peraturan Pemerintah (“PP”) Republik Indonesia Nomor 31 Tahun 2013, Tentang Peraturan Pelaksaan Undang-Undang Nomor 6 Tahun 2011 Tentang Keimigrasian, Pasal 163 states :

“(1) Untuk perkawinan campuran yang berusia kurang dari 10 (sepuluh) tahun, Izin Tinggal Tetap Orang Asing yang diperoleh karena perkawinan yang sah tetap berlaku walaupun perkawinannya telah berakhir karena perceraian dan/atau atas putusan pengadilan jika Orang Asing yang bersangkutan memiliki Penjamin.

(2) Penjamin sebagaimana dimaksud pada ayat (1) merupakan perorangan yang berkewarganegaraan Indonesia.

(3) Penjamin sebagaimana dimaksud pada ayat (2) harus diajukan pada Kantor Imigrasi yang wilayah kerjanya meliputi tempat tinggal Orang Asing dalam waktu paling lama 60 (enam puluh) hari terhitung sejak tanggal diterbitkannya akta perceraian.

(4) Jika Orang Asing tidak mengajukan Penjamin dalam jangka waktu sebagaimana dimaksud pada ayat (3) maka Izin Tinggal Tetap dibatalkan.”


So the translation for part (1) above :

“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] “

 

[all4ywh]

Follow-up to my post on february 22nd :

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 (Direktorat Jenderal Imigrasi) 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. So now I will see what unfolds until this thursday, march 1st…

 

[Puspawarna]

Best of luck, all4ywh. Thank you for that detailed recounting of your conversation. I'm sure it will help many people gain insights into how things work here.

 

[snpark]

Or how they don't

 

[scouser59]

I wish you luck with this situation .

 

[Anglian]

Yes good luck with that, even when things go well they seem stressful

 

[jstar]

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?

To my knowledge a CV can not create an IMTA. And of course a WNA can only establish a PT PMA, not a CV. (And being a Director of a PT is officially only possible if you transfer knowledge and job to a WNI.)

 

[centurion]

If you are married less than 10 years and have KITAP you can report a new sponsor, but his means that the sponsor has to be vested by imigrasi, meaning can be refused as well. Somebody also had a case like this one and the sponsor was refused. But can you report another new sponsor if the previous one is refused or you already spent your 60 days?

@jstar being director in PT does not mean that you need to transfer any skills or to have an Indonesian trainee. You can even be appointed perpetually (without term limit). Knowledge transfer is for positions bellow directors.