Visa

Dee

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Mar 14, 2020
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Hai..I'm from Malaysia.And have been travelled in and out to JKT often. I have spouse living in JKT. I've read some articles abt spouse visa and i understand that it is a complicated process. Both of us has no divorce papers (his wife run away few years ago..and my ex husband no where to be found) I understand that to apply spouse visa it requires marriage paper? and we couldn't get married because we dont have our divorce papers from our previous marriage. Is there any easier or less complicated ways to apply if i want to stay here longer?Thank u
 

dafluff

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Hi Dee. Unfortunately, a spousal visa is only available to legally married spouses. The best way to handle your situation would be for you and your spouse to obtain proper divorce papers from your previous marriages. I understand the difficulties you are facing, however most (all?) countries including Indonesia provide for divorces where the other spouse disappears.

In Indonesia for other than Muslims, you can apply for divorce after your spouse leaves after 2 years. (Law no 1, 1974, article 39).

For Muslims you can apply for divorce at your local religious court (pengadilan agama) and are subject to Law no 3, 2006 and the Islamic Law Compilation (Kompilasi Hukum Islam). I believe the waiting period for this is 6 months of disappearance, then 4 months before being able to marry again (not 100% sure of these time-lines, but prob. somewhat similar).

As for an alternative visa, the next best thing is what is often called a social cultural visa (Sosial Budaya), which is a 60-day visa, extendable 4 times for 30 days a total stay in Indonesia of 180-days maximum. After which, you will have to leave the country and apply for a new visa.
 

Dee

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Mar 14, 2020
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Hi Dee. Unfortunately, a spousal visa is only available to legally married spouses. The best way to handle your situation would be for you and your spouse to obtain proper divorce papers from your previous marriages. I understand the difficulties you are facing, however most (all?) countries including Indonesia provide for divorces where the other spouse disappears.

In Indonesia for other than Muslims, you can apply for divorce after your spouse leaves after 2 years. (Law no 1, 1974, article 39).

For Muslims you can apply for divorce at your local religious court (pengadilan agama) and are subject to Law no 3, 2006 and the Islamic Law Compilation (Kompilasi Hukum Islam). I believe the waiting period for this is 6 months of disappearance, then 4 months before being able to marry again (not 100% sure of these time-lines, but prob. somewhat similar).

As for an alternative visa, the next best thing is what is often called a social cultural visa (Sosial Budaya), which is a 2 month (60 days!) visa, extendable 4 times for a total stay in Indonesia of 6 months maximum. After which, you will have to leave the country and apply for a new visa.
Besides spouse visa..is there any other way that i could extend my stay?
 

dafluff

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Besides spouse visa..is there any other way that i could extend my stay?
Hi yes, sorry, I added it only after you posted:

As for an alternative visa, the next best thing is what is often called a social cultural visa (Sosial Budaya), which is a 60-day visa, extendable 4 times for 30 days, so a total stay in Indonesia of 180-days maximum. After which, you will have to leave the country and apply for a new visa.
 

jstar

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Jul 31, 2016
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I think both civil and Islamic law in Malaysia allow for a divorce after 2 years (separation, disappearance, etc.). But still a lot of constraints.
 

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