FAQ RI Immigration Law No 6/2011

Q1.  How do I (as a spouse to a WNI) apply for ITAP and what are the conditions?
Answer:

  • If you are living overseas, you should process the application to the Indonesian Embassy/Consulate overseas and enter Indonesia on a VITAS. After having an entry stamp (“tanda masuk”) you must apply to the local Immigration Office for ITAS, valid for 2 years. The ITAS can then be converted to ITAP. As part of the conditions, you must sign the Declaration of Integration;
  • If you are newly married > 2 years and living in Indonesia, you may apply for ITAS which then after 2 years can be converted to ITAP;
  • If you have been married > 2 years and living in Indonesia, you may apply convertion to ITAP from your current ITAS or Visa.  ITAP holder may lose his/her permanent residency if being away from Indonesia for more than 365 days or do not intend to reside in Indonesia; and foreign spouse is divorced from his/her WNI spouse within the 10 years of marriage.

Q2.  What are the issues related to Work Permit?

Answer : The new Immigration Act (Article 61) stipulates that foreign spouse and children of Mixed Marriage families are allowed to work and set up business.  However, the application, requirements and procedure related to work permit will be further regulated in the Government Implementing Regulations and their technical guidelines (PP). The work permit aspect must also be synchronized with the current Man Power Act.

Q3.  What are the issues related to children of mixed marriage families?
Answer : Children/off-spring of mixed marriage families can automatically obtain ITAP.  (a) Children living overseas should process VITAS application to the RI Embassy/Consulate to enter Indonesia; (b) Children living in Indonesia can apply convertion to ITAP from their current ITAS, Visa, or DK status.

Q4.  When will this new Immigration Act be effective?
Answer : The President signed the new Act (No 6/2011) so the law is now effective.  However, there will be further regulations to be drawn in Government Regulations (PP) and technical procedures in Ministerial Decrees (Permen) which should be established within one year after the Law is effective. The Government (Immigration Office) still needs to further socialize, disseminate and coordinate the implementation of the new regulations among their own team accross Indonesia and abroad

Q5.  What can I do to help and support PerCa indonesia?
Answer : You can provide the Team with financial and moral supports, as well as inputs by email and participation in discussion sessions.  Feedbacks and inputs will all be forwarded to the Immigration Office.

Notes:

  • Sham/Fake mixed marriages intended to obtain ITAP or Indonesian citizenship fraudulently are a serious violation of law
  • Convictions will result in imprisonment (max 5 years) and  fine (max Rp 500 million) – (pasal 135)
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