Need help with KITAS to KITAP conversion!!!

slowmoguy

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Nov 27, 2022
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Hello guys, I'll cut straight to the chase, I've been in Indonesia for nearly two years. This is my second year Spouse Sponsored KITAS and by 11 May I'll be married for two years. But, for an expat to be eligible for a KITAP, the marriage should be on for two full years. My second year KITAS ends on May 27. But as you know I have to apply for the KITAP a month earlier. Therefore practically, when I will have to apply for KITAP It would be nearly a month before my second year anniversary. Seems like when I apply for KITAP around the first week of April, they will check whether I've been married for two years or not. I am a bit confused. Any ideas brothers and sisters? Your experience is invaluable.
 
Hmm, I don’t remember the 1 month in advance, I do remember applying for an extension minimum 3 days before expiry? Could be wrong though. Yeah, it would suck to pay for a practically unused (11 month) third KITAS .

I would check at your Kantor Imigrasi if you can start the application at May 12th. I never heard any stories about fines and sanctions for overstay when the KITAS/P was not ready ‘on time’.
 
Hmm, I don’t remember the 1 month in advance, I do remember applying for an extension minimum 3 days before expiry? Could be wrong though. Yeah, it would suck to pay for a practically unused (11 month) third KITAS .

I would check at your Kantor Imigrasi if you can start the application at May 12th. I never heard any stories about fines and sanctions for overstay when the KITAS/P was not ready ‘on time’.
much obliged jstar!
 
The law is not perfectly clear on this point, it seems to me they should allow it, but if they refuse there is enough ambiguity in the law for them to hide behind. I would go in about 40 days before KITAS expiry and ask to file the KITAP application. If they have a problem with it that gives you a few days to try and convince them (good luck), and if it ends up they won't and you need to make another KITAS there will still be plenty of time for that (it can be filed up to the day before expiration).

Pasal 38
(1) Orang Asing yang telah memenuhi syarat sebagaimana
dimaksud dalam Pasal 36 dan Pasal 37 dapat diberikan alih status Izin Tinggal Terbatas menjadi Izin Tinggal Tetap.
(2) Alih status Izin Tinggal sebagaimana dimaksud pada ayat (1) diberikan berdasarkan permohonan.
(3) Permohonan sebagaimana dimasud pada ayat (2) diajukan dalam waktu paling lambat 30 (tiga puluh) hari sebelum jangka waktu Izin Tinggal Terbatas berakhir.
Source
 
Does not the KITAP start the day the KITAS expires? If so, marriage will have been over 2 years of length. I believe all my new processes started the day the previous one expired.
 
It depends on your immigration office so previous cases can only be a guidance but doesn't imply it will be the same in your case.
In my opinion, any application before 11.05. is likely to be rejected by immigration because a core KITAP requirement is not met: 2 years of marriage. This is an application requirement, not an issuance requirement, and the logic applies for most administrative procedures anywhere in the world.

Concerning the starting date/validity date of KITAP:
Does not the KITAP start the day the KITAS expires? If so, marriage will have been over 2 years of length. I believe all my new processes started the day the previous one expired.

I previously shared how my case in South Jakarta went. The issuance and validity dates had nothing to do with the KITAS expiry date, only with the KITAP application timeline, see below:

H0 Application submitted
H1 Billing Code + Payment
Later this date became the backdated KITAP "issuance date" on the passport sticker. The actual KITAP does not display any issuance date, only expire date.
This date also became the issuance date of MERP/re-entry permit and base of 2 years validity of MERP.

H10 Immigration Interview Visit
H11 Kanim application letter (surat permohonan) to Kanwil with full file attached
H25
Later this date became the base for the calculation of the KITAP expiry date (+5 years).
I don't know what happened on this day, maybe some kind of pre-approval at Kanwil/Ditjenim.
(The MERP/re-entry expiry date still followed the issuance date (H1 +2 years) though, see above).

H71 Information that the Ditjenim process is completed and passport can be picked up on
H73 Pick-up of KITAP

I see two options for you:

1. Go for another 1-year KITAS and do the conversion on during the validity of your new KITAS

2. Check with immigration to reconfirm that it will be fine for them to accept an application after 11.05. knowing that your KITAS is about to expire during the KITAS-KITAP conversion process.

Like every good advise about immigration, this post also ends as well with:
visit your local office and ask them to make sure.
I generally had very good experience with immigration in South Jakarta.
 
29C3DAAE-BBA0-43DD-9BE7-DC89A3254D3C.jpeg
 
The law is not perfectly clear on this point, it seems to me they should allow it, but if they refuse there is enough ambiguity in the law for them to hide behind. I would go in about 40 days before KITAS expiry and ask to file the KITAP application. If they have a problem with it that gives you a few days to try and convince them (good luck), and if it ends up they won't and you need to make another KITAS there will still be plenty of time for that (it can be filed up to the day before expiration).


Source
Well noted with many thanks Brian !
 
Does not the KITAP start the day the KITAS expires? If so, marriage will have been over 2 years of length. I believe all my new processes started the day the previous one expired.
Much obliged Fastpitch! appreciate your effort.
 
It depends on your immigration office so previous cases can only be a guidance but doesn't imply it will be the same in your case.
In my opinion, any application before 11.05. is likely to be rejected by immigration because a core KITAP requirement is not met: 2 years of marriage. This is an application requirement, not an issuance requirement, and the logic applies for most administrative procedures anywhere in the world.

Concerning the starting date/validity date of KITAP:


I previously shared how my case in South Jakarta went. The issuance and validity dates had nothing to do with the KITAS expiry date, only with the KITAP application timeline, see below:



I see two options for you:

1. Go for another 1-year KITAS and do the conversion on during the validity of your new KITAS

2. Check with immigration to reconfirm that it will be fine for them to accept an application after 11.05. knowing that your KITAS is about to expire during the KITAS-KITAP conversion process.

Like every good advise about immigration, this post also ends as well with:
visit your local office and ask them to make sure.
I generally had very good experience with immigration in South Jakarta.
Quite insightful mas_dam. Thank you much for your kind effort sharing all you know and your experience!
 

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