KITAP's Late Report of Divorce

[marcus]

I was married for more than 10 years with a WNI and have a spouse KITAP and MERP valid until 2029. We got divorced and the AKTA CERAI was issued 20 months ago. I somehow thought that I only have to notify imigrasi during renewal of my KITAP, but it is actually within 60 days.

What will be the consequence if I report this too late? Do I run the risk of my KITAP being cancelled or a very high fine? In that case, it might be better using it up until 2029. By then, I might want to relocate anyway. Thanks for any advice!



Please let me know what you advice and whether you can help me in the process.

 

[marcus]

I was married for more than 10 years with a WNI .. We got divorced .. 20 months ago ...

What will be the consequence if I report this too late?

The Law is too harsh , it is difficult to believe they will apply it if you report now , but it can happen .

I think the main point is if the one that should report in 60 days is the sponsor/guarantor or the foreigner . I see a reasonable chance that it makes more sense (in divorce case) that the Indonesian spouse (sponsor) should be the one to report , because :

a) all Immigration processes (as far as I know) requires the "sponsor letter" , which is a request to start a process (we foreigners are treated as children who cannot request anything , except for short stays or ITAS/ITAP which require investment or very special skills) ;

b) after a divorce usually the couple cut all communication and so it is difficult for the foreigner to ask the ex-spouse to give the "sponsor letter" . See an example of how this may be complicated at https://www.expatindo.org/community/threads/kitap-divorce-epo.7869/

c) The present online Immigration system only allows the sponsor (your Indonesian ex-spouse) to request any process related to your KITAP .

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

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 months or a fine of up to Rp25 million.

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Petunjuk Pelaksanaan IMI-GR.01.13-3849 Tahun 2016 (Implementation Guide)
Article 3
(1) ...
(2) Report of change in civil status must be done within 60 days .

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Ministerial Regulation PerMen no.36 Year 2021 - free translation
Article 14
(1) Changes in civil status that must be reported by the Guarantor includes:
birth, death, marriage, divorce, child recognition, child validation, adoption of a child, name change, and change of citizenship status.
(2) Changes in immigration status that must be reported by the Guarantor includes:
replacement of passport, holding a concurrent position, change of position, and change of Guarantor.

CHAPTER VI
PROCEDURES FOR REPORTING CHANGES IN CIVIL STATUS, IMMIGRATION STATUS, AND ADDRESS
BY THE GUARANTOR
Article 16
Reporting of changes in civil status must be done no later than 60 days after the change in civil status occurs.

Do I run the risk of my KITAP being cancelled or a very high fine? ...

Both are possible if you lose the 60 days argument above .

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Regulation PP no.40 Year 2023 - free translation
Article 162
(1) For mixed marriages older than 10 years , the ITAP for foreigners obtained through a legal marriage remains valid even if the marriage has ended due to divorce and/or a court decision.
(2) Foreigners as referred to in paragraph (1) are required to report their marital status to the Immigration Office.

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Immigration Law (UU no.6 Year 2011) - free translation
Article 62
(1) A KITAP may be terminated if :
d. it is revoked by the Minister or a designated Immigration Officer;
e. its holder is deported; or ...
(2) A KITAP may be revoked if its holder :
a. committed a crime against the state as stipulated in laws and regulations;
c. violates the Integration Statement;

 

[Cinderella]

Thanks Marcus, for taking your time. I contacted a very reputable agent and will report back once I know more.

 

[Nicho]

I was over the 60 days reporting my wife's death , the officer didn't even mention it . Bit of work changing Kitap class , nominating new sponsor if they won't grant you the self sponsorship which is automatic when you report the divorce seeing you were married over 10 years . A lot of offices and officers claim it is a system error and insist you nominate a new sponsor because they don't know there own rules . KTP and KK changes. Changes with BPJS Health System if your a member which by law you should be , I'm at the BPJS stage , Lot of problems because I no longer have an Immediate Indonesian family member , there system keeps classing me as a foreign worker and blocking my new registration unless I supply man power documents , it obviously doesn't know it is illegal to work on a spouse visa . Good luck , hope you sort it out . Just a heads up ! A friend was contacted by immigration checking there visa details , marital status etc . heard they were reviewing a lot of Kitas/Kitap visa's , BPJS have also been cancelling memberships for any kitas/kitap holders in our situation because we no longer have that immediate indonesian family link .