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A Relevant Question about KITAP

 
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Bule_Gila



Joined: 18 Aug 2010
Posts: 67
Location: Samarinda, Indonesia

PostPosted: Fri Sep 30, 2011 6:21 am    Post subject: A Relevant Question about KITAP Reply with quote

Hi Guys

We are all aware that sometime next year, the new regulations regarding foreign men married to Indonesian women being allowed to work without a KITAS will go into effect.

My question regarding this is if a foreign man applies for and gets the KITAP, thus allowing him to work without a KITAS, will he be able to work in a private ESl school (EF, TBI, etc) without a degree, as mentioned by the Ministry of Education?
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Atoms for Peace



Joined: 06 Feb 2006
Posts: 135
Location: NKRI

PostPosted: Fri Sep 30, 2011 6:38 am    Post subject: Reply with quote

Nothing is certain in Indonesia, and in any case answers to your questions might well vary from city to city, and may change if the local head of the immigration office changes.

I find it hard to believe that Indonesia would make it that easy for foreigners - marry an Indonesian and you can work here. Really? What would be in it for Indonesia??

In the first place, how easy would it be to get hold of this KITAP? And how much would it cost? You can bet that it would be extremely expensive - possibly thousands of dollars.

Secondly, would it be like the Social and Cultural visa, i.e. you can stay here, but you're not allowed to work?

Given that the new restrictions on employing foreigners were passed a full year before they came into effect - and nobody noticed - and it is STILL not possible to get straight answers, I wouldn't be too optimistic.
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chezal



Joined: 25 Feb 2009
Posts: 146

PostPosted: Fri Sep 30, 2011 1:52 pm    Post subject: Reply with quote

In relation to your question no one know what we will be able to do work wise. It a case of wait and see.

The new immigration law says we can work but at a recent meeting with Tim advokasi to publicise the law manpower were dragging their feet. It seems the law was past without consulting Manpower. They are trying to work out the kinks still and are planning to have things in place by early next year. By law all aspects of a new law should be workable within 1year after the date the law was past. However it's been known for this year period to pass and the laws still not completely implemented.

AfPeace the price of a KITAP is 3million. It is good for 5 years and the renewal is free.

This is a copy of the document from Tim Advokasi Perkawinan Campuran (TAPC).

FAQ about the new IMMIGRATION Law

Q: What happens if a mixed marriage couple, who have been married for more than 5 years and live abroad, want to return to live in Indonesia?
A: The foreign spouse should enter Indonesia on a Visa Tinggal Terbatas (Temporary Stay Visa). Once in Indonesia, she/he can apply for Izin Tinggal Tetap (ITAP = Permanent Residence Permit, or PR).

Q: What happens if a mixed marriage couple have just got married abroad and want to live in Indonesia?
A: The foreign spouse should enter Indonesia on a Visa Tinggal Terbatas. After getting an Entry Stamp (Tanda Masuk), they must apply to the local Immigration Office for Izin Tinggal Terbatas (ITAS = Temporary Residence Permit). The ITAS is valid for 2 years and can then be converted to ITAP. To get the ITAP, the foreign spouse must also sign a Declaration of Integration.

Q: Can a foreign spouse who has an ITAP due to being in a mixed marriage, work in Indonesia?
A: Yes.

Q: What happens if the child of a mixed marriage, who has foreign citizenship and lives abroad, wants to live in Indonesia?
A: She/he should enter Indonesia on a Visa Tinggal Terbatas. Once in Indonesia, they can immediately apply for an ITAP.

Q: What happens if the child of a mixed marriage, who lives in Indonesia, chooses her/his foreign citizenship upon reaching the age of 18?
A: She/he can get an ITAP immediately.

Q: What happens in the case of the foreign spouse in a mixed marriage who has been married for more than 2 years and is living in Indonesia?
A: She/he can get an ITAP immediately.

Q: What happens if the couple divorce?
A: A mixed marriage ITAP will not be cancelled due to divorce if the couple has been married for 10 years or more.

Q: What happens if the Indonesian spouse dies?
A: A mixed marriage ITAP will not be cancelled due to the death of the Indonesian spouse.

Q: Do ITAP holders need a sponsor?
A: People holding an ITAP due to being in a mixed marriage do not need a sponsor.

Q: Does the mixed marriage ITAP have to be renewed?
A: ITAP holders must report to the Immigration Office every 5 years. There is no charge for this.

Q: Is a re-entry permit still needed with an ITAP?
A: Yes. ITAP holders can get a multiple re-entry permit that is valid for 2 years.

Q: How long can an ITAP holder stay away from Indonesia without losing their ITAP?
A: The ITAP will be cancelled if the holder is away from Indonesia for more than 1 year, or if they do not intend to return to Indonesia.
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Bule_Gila



Joined: 18 Aug 2010
Posts: 67
Location: Samarinda, Indonesia

PostPosted: Sat Oct 01, 2011 4:15 am    Post subject: Reply with quote

@ Atoms of Peace

The new law states that you have to be LEGALLY married to an Indonesian woman for a time period of at least 3 years. Also, the cost of the KITAp is not expensive, as mentioned here, only costing 3 million Rupiahs. I have also heard that the foreign man has to enter Indonesia with a Sobud (social Visa applied for by the wife, which is good for 90 days with an additional 3 months worth of extensions; 6 months total)visa. Once in Indonesia, the man can have his visa changed from a Sobud to a KITAP. The KITAP is good for 5 years, as mentioned here already, as well. The new regulation that was passed a few months ago allows foreigh men, who have the KITAP and are married to Indonesian women to seek employment without the need for a KITAS. I have seen a draft of the new regulations and it is promising but I am still wondering if ESl teachers still have to get approval from the ministry of Education? You need the approval for a KITAS but if you no longer need a KITAS, why would you need approval from the ministry of education? There is no clear answer to this question and I hope that it will be answered soon. I guess some foreign teachers here who get the KITAP will be hired as an "office boy" who just so happens to teach some ESL classes LOL!
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chezal



Joined: 25 Feb 2009
Posts: 146

PostPosted: Sat Oct 01, 2011 5:36 am    Post subject: Reply with quote

Bule_Gila wrote:
@ Atoms of Peace

The new law states that you have to be LEGALLY married to an Indonesian woman for a time period of at least 3 years.


Just to clarify you only have to be married for 2 years not 3. Prior to that you can be on a spouse sponsored KITAS which will allow you to work (when they decide work you can do that is). Also it's not just for men married to Indonesian's but for women too. The law refers to mixed marriages which don't just go one way but two Wink You'll find a large majority of the people in Tim Advokasi Perkawinan Campuran are actually Expat WOMEN married to Indonesian's.
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dxn283



Joined: 19 Dec 2008
Posts: 11

PostPosted: Sat Oct 29, 2011 7:53 am    Post subject: Reply with quote

if a foreign man applies for and gets the KITAP, thus allowing him to work without a KITAS, will he be able to work in a private ESl school (EF, TBI, etc) without a degree, as mentioned by the Ministry of Education?
Quote:


Under that circumstance it's reasonable to expect that the same industrial laws that apply to Indonesian citizens will, by extension, apply to the holder of a KITAP
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