WNA, wife sponsored Kitap, working without IMTA in PMA

[Happy]

That's actually an interesting one. There is definitely some contradiction here. The ministerial regulation in question (link in Indonesian), is a technical regulation for the issuance of a KITAS, ie. it is for the immigration officers to refer to as to what they need to do.

So for a spousal KITAS the technical requirements are (article 28.9):
a. Proof of marriage (akta perkawinan atau buku nikah) translated into Indonesian, unless it is in English.
b. Proof of marriage registration in Indonesia if marriage is done abroad.
c. RPTKA in the case where the foreigner is a tenaga kerja asing (TKA).

Now here is where the contradictions are:

1. Spousal KITAS by Indonesia's own definition is not eligible for TKA status (visa tidak dengan maksud untuk bekerja). Therefore a spousal KITAS holder is never a TKA as defined by the manpower law (Tenaga kerja asing adalah warga negara asing pemegang visa dengan maksud bekerja di wilayah Indonesia).

2. It is also illogical in cases where the spousal KITAS has been issued before the foreigner obtains a job. In this case the KITAS has been issued, then the foreigner gets a job so obviously technical guidelines on how to obtain a KITAS are moot at this point.

I had the same thought when reading that regulation. In my case Imigrasi even asked about what I do in the Kitap process, and I gave them everything including the Akta which shows me as director, and they did not require a work permit, just issued the Kitap. And anyway, is just a ministry regulation, the UU manpower article 1 definition about TKA (repeated in perpres 2018) and article 61 of UU imigrasi 2011 are higher and prevail over contradicting lower regulations.

 

[Happy]

It's a manpower issue, but immigration have seized your passport? Are they working together on this - apart from possibly not following a regulation from manpower is there an immigration law or regulation you've broken?

I know they work together, but in this case seems not. Imigrasi did a general raid of all offices in the building and did not know about previous case with manpower until I told them.

 

[Happy]

It is all illogical and makes no sense from a law perspective. Nevertheless, as I found out now, Manpower has an option in TKA online to apply for work permit for holder of Indonesian spouse sponsored Kitap/s holder...

 

[centurion]

Be aware that databases with the Ministry of Law's company register (AHU) are connected with immigration online, so they can see all foreign directors and commissioners, and the one without work permits as well.

 

[Happy]

As of now, it seems they drop the case and asked me to pick up my passport tomorrow. But of course we have to wait until I actually get it. Just a few hours earlier they threatened to take it to court. Which would have been a dream come true for many of us, but they know that and did not dare to do it ;-)

 

[dannyboy]

Wow, that sounds intense. Thanks for sharing and hope it turns out well!

 

[Euc-]

As of now, it seems they drop the case and asked me to pick up my passport tomorrow. But of course we have to wait until I actually get it. Just a few hours earlier they threatened to take it to court. Which would have been a dream come true for many of us, but they know that and did not dare to do it ;-)

Last seen the day you went to pick up your passport.. Did all go well?

 

[Happy]

All done, passport returned. I think they know what pandora box they would have opened by taking it any further, unfortunately now it is all as it never happened. Beside a copy of the receipt for my passport, just stating article 106 (which just says they can take a passport as part of their job), I have no other documents to prove the case ever happened and was closed. So back to square one...no help whatsoever for all other perkawinan campur.

But still pursuing Ombudsman case against Manpower about work permit.

 

[Happy]

If there is anybody else here with same case, please PM me and help by joining case in Ombusdman against Kemnaker.

Same case = 1. Have Indonesian spouse sponsored Kitas/p, 2. Originally entered Indonesia on Vitas 317 (for family reunion), 3. Formally working, 4. Told by Kemnaker that must have work permit

 

[Helpful Herbert]

What you have already shared with the forum is very helpful so thanks a lot. It can give those in that situation confidence that any threats would not be carried through. And helps those of us on a spouse Kitap to sleep better

 

[Happy]

I think this would be a potentially dangerous interpretation of the situation. Nothing is settled and any KanIm and Mapower can handle any other case in a different way. That's why I take it to Ombudsman to try get this nonsense settled officially and binding.

 

[Happy]

No WNA perkawinan campur is safe from arbitrary harassment from Imigrasi and Manpower until this is clarified.

Guys, please PM me, it would be great to not fight this battle alone. I know there are thousands of same cases.

 

[Helpful Herbert]

There was a campaign group that lobbied on behalf of mixed marriage issues, and were involved in some of the positive things that have happened like the 2011 law, I wonder if it would be worth linking up with them. I hope someone on here remembers their name.

 

[Happy]

I think you refer to asosiasi percawinan campur, perca. Unfortunately they held a meeting with Imigrasi and manpower with a negative outcome. At that meeting, Manpower did not accept the legal reasoning and insisted we need a work permit. Is all covered in perca website and other threads in this forum. What I see missing in all of that is Manpower actually showing the laws on which they base their position.

 

[Banana72]

I would think Atlantis..and Badazz might be a couple good ones to join in....

 

[Bad_azz]

Interesting reading

 

[Dave70]

If there is anybody else here with same case, please PM me and help by joining case in Ombusdman against Kemnaker.

Same case = 1. Have Indonesian spouse sponsored Kitas/p, 2. Originally entered Indonesia on Vitas 317 (for family reunion), 3. Formally working, 4. Told by Kemnaker that must have work permit

I think you will have more people joining you in the case if you clear up some small details as follows;

1. Who will be paying for the cost? Are you shouldering everything?
2. If the cost is to be shared, how much is the estimated total cost?
3. And how is it going to be shared? Equally among those who have joined the fight?

 

[Dave70]

I would think Atlantis..and Badazz might be a couple good ones to join in....

If you are planning to naturalize someday, will you join the fight? Will it affect my chances of getting citizenship?

 

[Banana72]

If you are planning to naturalize someday, will you join the fight? Will it affect my chances of getting citizenship?

Naturalize as in becoming a citizen? Not for the near future.

 

[Dave70]

Naturalize as in becoming a citizen? Not for the near future.

No, not you. But I understand Atlantis is keeping that possibility open, others might as well.