Spouse-sponsored KITAP with kids | What if divorced or spouse dies?

Bule Gila

New Member
Joined
Aug 12, 2020
Messages
3
Hi everybody and welcome to my first thread ;-)

Here is a "what if" question which I hope will never become an urgent matter for us.
I've been living in Indonesia for almost nine years, holding a spouse-sponsored KITAP which will be prolongued to that 10 years permanent stay permit early next year.
My Indonesian wife and I have two kids (8 and 3yo - dual citizenship) and recently we were wondering what would happen if either we divorce or my wife dies - which both hopefully won't happen.
How long would my KITAP be valid?
Would I and our kids be forced to leave the country - and if so, would that happen immediately or is there a time frame?
Is there anything we could/should regulate in advance just in case (we got a prenup, of course)?

Any ideas anybody?
 

Helpful Herbert

Well-Known Member
Joined
Mar 24, 2019
Messages
680
I think that in case of divorce, if you have passed your 10th wedding anniversary then you are entitled to remain (whether your wife or someone else would be the sponsor I'm not sure of). Legal basis article 62, 2g) of the UU 6/2011, which says that divorce causes the KITAP to be cancelled unless you have been married 10 years already.
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In case of death I think you have to find another sponsor (someone from the same family would be considered appropriate), but the exact procedure and timeline for this I'm not sure of.
Regarding the kids, as they are citizens anyway, they could stay in the country or leave, without any restriction (unless there was contested custody in a divorce).

Regarding property held in the name of your wife, in case of death I think you would get a year to sell it, but I guess you could also transfer it to a trusted family member, although not to the kids as they are too young.
 

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