marriage moving to indo visas situation and planning help

[abel majeed]

thank you all for this good forum. i am a dual citizen of a north africa country being mixed origin and citizen and lived in canada also . i have recently married an indonesian woman. she is my second wife and from a good family from west java. i also am married to my first wife with whom i have 4 children . we all still live in north africa currently and we want to move to indonesia. i recently also had a first baby with my indonesian wife baby born out side indonesia here a few months ago.
i married my indonesian wife in indonesia with her family and it was only a religious married no official legal boko nikah yet. because it is not possible to have two registered marriages for a foreigner we had no choice but do the religious one and i am aware that it doesnt hold up legally. but now my first wife agreed to process divorce papers for paperwork purposes with some arrangement with her which will allow me to get paperwork and marry and register a marriage here with my indonesian wife and register it with the indo embassy here obtain passport for the baby etc the intention if all posible and makes sense is to get spouse kitas visa etc to indonesia with my kids then my first wife join also to indonesia to do business or study and wd be on an other legal immigration status and so we can all be together.

so is this possible from all point of views . i understand can not have two marriages in indonesia registrars office. so it will have to be a registered one with my indonesian wife.

 

[jstar]

Well, if you can get a statement (letter of no impediment) from the embassy of your home country, based on the civil registry's information - single or divorced) nothing would prohibit you from getting married (again).

The problem would be the (official) ex. Obviously besides being mother of your children, she's not linked to you anymore so you can't sponsor her for a residency permit. That means she could only 'reside'in Indonesia based on visa, which would put her in a rather weak (legal) position. So you need something in place for the case you would pass away.

Also, a religious court would normally assign children younger than 13 to the mother, would it be acceptable to your home countries' legal system to have the children officially leave while the mother is still domiciled over there? And what about her family?

Talking about legal ramifications; in Indonesia it is not allowed to have a relationship outside of the marriage. So perhaps the religious law would not make any issues, but theoretically the civil law can. Now it must be said that there would only be serious consequences if the current spouse lodges a complaint and will also file for divorce. But other people could -based on the pornography law or local Adat laws for instance- definitely make life difficult for you.

I hope you are mentioned as father of the baby in the (foreign) birth certificate?

 

[abel majeed]

The problem would be the (official) ex. Obviously besides being mother of your children, she's not linked to you anymore so you can't sponsor her for a residency permit. That means she could only 'reside'in Indonesia based on visa, which would put her in a rather weak (legal) position. So you need something in place for the case you would pass away.

she has to change her visit visa to something else like business or school or worse do visa runs . maybe is ok to keep do that if her children are residing in indonesia right?

Also, a religious court would normally assign children younger than 13 to the mother, would it be acceptable to your home countries' legal system to have the children officially leave while the mother is still domiciled over there? And what about her family?

i will have to believe that if the mother chooses to she can willingly give custedy to the father which she would do. after all we are doing this together to be able to raise our kids in indonesia.

couldnt she possibly leave with us to indonesia at the same time so she is with her children?

Talking about legal ramifications; in Indonesia it is not allowed to have a relationship outside of the marriage. So perhaps the religious law would not make any issues, but theoretically the civil law can. Now it must be said that there would only be serious consequences if the current spouse lodges a complaint and will also file for divorce. But other people could -based on the pornography law or local Adat laws for instance- definitely make life difficult for you.

we might choose to be in sumatra perhaps even aceh. not a big fan of their sharia application but we like the conservative aspect of their lifestyle etc but you mentioned could a problem from a civil law to have my first wife around and i didnt think about about that its probably a concern right? i could get a religious marriage with her if that helps

my indonesian wife will not lodge a complaint. i dont envision that happening.

I hope you are mentioned as father of the baby in the (foreign) birth certificate?

yes my name on there of course


thank you very much for feedback

 

[abel majeed]

the cultural visa that can be extended up to 6 months then do a run to KL or singapore, is there a limit on how many times a person could do that..i understand its at the discretion of the immigration officer etc and nothing is always 100 persent sure but for a mother who has kids living in indonesia with their father who is married to an indonesian. could she do these visa extensions and runs on an on going basis without trouble?

 

[jstar]

In fact you give the answer yourself; there is no real limit. And there are people who have been doing this and living this way in RI for years. Now of course they could make it difficult, esp. if there is a suspicion the person works here. Nobody knows what the future will bring of course but for a social visa to visit and spend time with family, there currently is no reason to make trouble.

 

[abel majeed]

by the way this not a case to work illegally at all. this is for family reason.

thanks for yr reply jstar

 

[jstar]

Something else that you might want to look into, is the fact that the multiple entry visit visa (D212?) can now be valid for up to five years. I'm not sure what all requirements are (as leaving every 2 months, having passport with 6 year validity, family reunion, ....) but it could be worth while to check.

Now of course if one needs to leave the country every two months or so, that would have an impact on the chosen location. It could then make more sense for you to live close to a ferry port, such as Dumai (Riau province on the east coast of Sumatra). Then a short trip to Malaysia is possible.

From Aceh this would not be an option and then a (costly) flight is almost necessary.

 

[jstar]

Something else that you might want to look into, is the fact that the multiple entry visit visa (D212?) can now be valid for up to five years.

Latest News From DITJIN 5 Year Multi Entry Visa

DGI ready to support and carry out the implementation of the 5-year multiple visit Visa [FONT=Tahoma] [FONT=Tahoma][FONT=Calibri]Jakarta (15/07) - The Directorate General of Immigration (DGI) is on the way to implementing a new regulation for a 5-year multiple visit visa as set out in the...

www.expatindo.org

Better late than never.

Jakarta (15/07) - The Directorate General of Immigration (DGI) is on the way to implementing a new regulation for a 5-year multiple visit visa as set out in the Government Regulation of the Republic of Indonesia Number 26, 2016 on the Amendment to the Government Regulation of the Republic of Indonesia Number 31, 2013 on Implementing Regulation of Law Number 6, 2011 on Immigration.

The Head of Public Relations and General Affairs in the DGI, Heru Santoso Ananta Yudha made the announcement to journalists at the DGI building, Kuningan, Jakarta on Friday (15/07). The DGI will activate the Visa immediately while awaiting the government regulations in a technical manual for implementing the regulation. "We are ready to implement (the 5-year multiple visit visa) while also awaiting the new regulation concerning non-tax government revenue (PNBP), and other regulations which will also have some revisions from previous regulations," Heru said.

As mentioned in the preamble, the government regulation aims to simplify the extension of stay permit for ex-Indonesian citizens and their families (spouse and children of a legally married couple), and also to meet international needs for extension of stay permits for the multiple visit visa for foreigners.