death of a spouse

[millie56]

I read a thread a while ago in which someone said their spouse had passed away and in order to remain in Indonesia, they found a different sponsor and were issue a new "life-long" Kitap, but were required to pay Rp 10 million for the second time. I've done a search, but can't find the thread.
An acquaintance recently lost her spouse, but after she applied to remain in Indonesia using a new sponsor, she was only issued a Kitas, despite having been married for more than a decade.
Now the spouse of another friend has passed away, and she wants to remain here using her son as a sponsor. She and her Indonesia husband had been married for more than 40 years and her current "life-long" Kitap expires next year. She has been told that the immigration law allowing those who had been married for more than 10 years to remain here providing that have a new sponsor is no longer being honoured and that she will only be issued a Kitas, with her son as sponsor. Does anyone have any personal experience with this, or valid information? Thanks.

 

[Helpful Herbert]

Is this in Jakarta \ Bali or somewhere remote? Sometimes the remote offices are not aware of the correct rules or do not implement them properly.

 

[millie56]

Both cases were in Jakarta.

 

[Hawk256]

Is this in Jakarta \ Bali or somewhere remote? Sometimes the remote offices are not aware of the correct rules or do not implement them properly.

It seems that immigration has been trying to steer people away from having a KITAP even if they are entitled to it. They much prefer foreigners to have a KITAS. Not sure if there was a directive from higher up but the practice seems to be spread out all over the country. I had to push fairly hard to get my KITAP and I have heard of at least 5 other cases where immigration tried to push a KITAS on people that clearly qualified for a KITAP.

 

[snpark]

But kitap only comes after marriage for 2years
It's not automatic

 

[Hawk256]

But kitap only comes after marriage for 2years
It's not automatic

The cases I mentioned (including me) were people that qualify for a KITAP but were dissuaded by immigration for whatever reason. Nothing with immigration is automatic. I've seen posts on this forum also describing the same issue so it seems to be a thing.

 

[Helpful Herbert]

I just noticed the law (UU2006 - Pasal 62, 2g) gives the 10 year rule in the case of divorce, but doesn't seem to mention anything about the sponsor (spouse) dying.

 

[R Cameron]

I just noticed the law (UU2006 - Pasal 62, 2g) gives the 10 year rule in the case of divorce, but doesn't seem to mention anything about the sponsor (spouse) dying.

Except that section isn't talking about who can get a KITAP (new or extension), but rather cancelling an existing KITAP if the couple divorces after less than 10 years of marriage.

Pasal 54 says who is given a KITAP, and gives no context for a deceased or divorced spouse.

It seems if they are on the first 5 year KITAP and their WNI spouse dies their KITAP will not be cancelled, but it will also not be renewed. If they are on your second KITAP, the "janka waktu yang tidak terbatas", when the spouse dies there is no grounds for it to be cancelled and there is no need to extend it. There is still an every 5 year reporting requirement and I expect they may meet some resistance there, but there's nothing in the law that says it could be or should be cancelled.

 

[millie56]

Thanks for all the input. It seems there is no mention of a sponsor dying in the 2011 immigration law, which is really odd.
On a different note, I reported to immigration in November last year according to the requirement regarding the unlimited Kitap. My initial Kitap card had "Date to report: xxx" on it; my current one has "date of expiry; xxxx". I didn't notice until I had left the immigration office and so didn't question it. It does not bode well ...

 

[millie56]

Ah ha, I found something ... in a link to this forum no less It's in the implementing regulation.

PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 31 TAHUN 2013
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.

 

[Banana72]

Just to be clear, if I'm not mistaken, the 'unlimited' KITAP is the 3rd, KITAP (meaning your second extension) not the 2nd KITAP. I'm on the 2nd KITAP now (1st extension) and no mention of unlimited/reporting every year at all.

 

[millie56]

that's because you report every 5 years. On the card under your name, nationality and permit number, it has the date to report. Well my last card did, whereas my 3rd one has an expiry date.

 

[R Cameron]

Ah ha, I found something ... in a link to this forum no less It's in the implementing regulation.

PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 31 TAHUN 2013
Pasal 160
...

That seems to agree with my speculative interpretation of UU No 6 2011 above, meaning your current visa is still valid if your sponsor/spouse dies, but you must find a new WNI sponsor. However, it still doesn't assure in any way an extension will be issued, so if the spouse dies during the 5 year KITAP the WNA spouse may find themselves without a visa when that expires.

Just to be clear, if I'm not mistaken, the 'unlimited' KITAP is the 3rd, KITAP (meaning your second extension) not the 2nd KITAP. I'm on the 2nd KITAP now (1st extension) and no mention of unlimited/reporting every year at all.

That is not my understanding for the law or the cases I've heard of. There is a fee schedule for a 5 year KITAP extension, so it is in their system as an option, but this says you have the right for unlimited upon your first extension.

Pasal 59
(1) Izin Tinggal Tetap diberikan untuk jangka waktu 5
(lima) tahun dan dapat diperpanjang untuk waktu
yang tidak terbatas sepanjang izinnya tidak
dibatalkan.
(2) Pemegang Izin Tinggal Tetap untuk jangka waktu
yang tidak terbatas sebagaimana dimaksud pada ayat
(1) wajib melapor ke Kantor Imigrasi setiap 5 (lima)
tahun dan tidak dikenai biaya.

Checking Your Browser

 

[millie56]

That seems to agree with my speculative interpretation of UU No 6 2011 above, meaning your current visa is still valid if your sponsor/spouse dies, but you must find a new WNI sponsor. However, it still doesn't assure in any way an extension will be issued, so if the spouse dies during the 5 year KITAP the WNA spouse may find themselves without a visa when that expires.

My goodness, you're right. Damn!

 

[HappyMan]

I'm on my second KITAP (paid for the unlimited one last time), and after my divorce my ex-wife (married 10+ years) continues to be my sponsor. So, after going to KanIm for some "ahli status" type paperwork; I retain my KITAP (which has a date to report on it).

Now, as to whether or not there will be problems at my next appointment (2024), I don't know...

Just more generally, are KITAPs considered to expire and then be issued again or to always be "extended"? If it is considered "permanent" and the extensions are not "issuing a new KITAP", then I think there is a very good argument for entitlement to an extension/conversation to "unlimited permanence". It would be nice if it was spelled out more cleanly in the law, but it does say "tetap" right there on the card.

 

[millie56]

A follow up:
My friend will be issued a new 5-year Itap, and has been charged the regular fee. Immigration officers visited her recently for the usual home visit.
After she visited the immigration office, she encouraged one of her friends whose Indonesia husband died 4 months ago to do the same. Apparently an agent had incorrectly told her there was no need as her Itap was valid for a few more years. She went, and is being charged a hefty "overstay" fine. The official overstay fine is Rp 1 million per day. She is being given a slight discount. You could say it pays to know the rules - to report to immigration within 60 days - but the rest of the rules keep changing. Or rather the right to retain the unlimited Itap is not an option anymore, despite what the regulation says.

 

[Helpful Herbert]

So the death of the sponsor has to be reported within 60 days, and the ITAP is immediately cancelled? That doesn't sound right.
When you say the regular fee for the KITAP, I guess you mean the fee for a first KITAP, not the 12jt fee for the unlimited one?

 

[fastpitch17]

A follow up:
My friend will be issued a new 5-year Itap, and has been charged the regular fee. Immigration officers visited her recently for the usual home visit.
After she visited the immigration office, she encouraged one of her friends whose Indonesia husband died 4 months ago to do the same. Apparently an agent had incorrectly told her there was no need as her Itap was valid for a few more years. She went, and is being charged a hefty "overstay" fine. The official overstay fine is Rp 1 million per day. She is being given a slight discount. You could say it pays to know the rules - to report to immigration within 60 days - but the rest of the rules keep changing. Or rather the right to retain the unlimited Itap is not an option anymore, despite what the regulation says.

Would that overstay charge include an official receipt for it.

 

[Banana72]

I'm on my second KITAP (paid for the unlimited one last time), and after my divorce my ex-wife (married 10+ years) continues to be my sponsor. So, after going to KanIm for some "ahli status" type paperwork; I retain my KITAP (which has a date to report on it).

Now, as to whether or not there will be problems at my next appointment (2024), I don't know...

Just more generally, are KITAPs considered to expire and then be issued again or to always be "extended"? If it is considered "permanent" and the extensions are not "issuing a new KITAP", then I think there is a very good argument for entitlement to an extension/conversation to "unlimited permanence". It would be nice if it was spelled out more cleanly in the law, but it does say "tetap" right there on the card.

So was the alih sponsor complicated? What kind of paperwork did you have to submit? How much were you out of pocket if you don't mind me asking?
Thanks

 

[HappyMan]

So was the alih sponsor complicated? What kind of paperwork did you have to submit? How much were you out of pocket if you don't mind me asking?
Thanks

Ex-wife insisted that she be the one to go to KanIm (I believe I have mentioned here that she seems to get her way with government employees through some social mechanic which I fail to comprehend). She made two trips, because I was worried that the due date to submit ahli sponsor was tied to the date of the judge's decision, but upon her arrival, KanIm said it was tied to the registration of the akta cerai in CaSip.

So, the second trip was successful with her presenting the akta cerai (I don't recall the full name) to KanIm and filling a single form for ahli sponsor. We maintain the previous residence, but there would be other forms to fill if you included a change of residence, as per the norm. There was no significant cost, or she would have told me (>100k).

My branch of KanIm said (reportedly, all of it is reportedly) they had never done this before (a divorce where you maintain the ex-spouse as the sponsor), so we may have been helped by the fact that I made sure she had read the bit of the law that clearly states the KITAP is not cancelled when a marriage of more than ten years ends in divorce and she was ready to show it to them. There were no erroneous local policies to fight.

We did not have to repeat any of the normal KITAP paperwork or sponsor paperwork... Sorry that I can really only tell you it was easy and there were no problems, but that is all I know. I assure you that I would have received her complaints had it been difficult.

My KK was already separate, so nothing to do there... I hope? (Just realized it lists me as married...) I'm not in the same place as the paperwork, but I'll have a quick look and ask her if she has any more information to add here when next I see her (assuming that, in the moment, she is amenable to talking to me about it).