KITAS sponsored by the Indonesian spouse

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  • marcus
    Member
    • Jul 2008
    • 9169

    1/ If you marry with a prenup/separated wealth , I guess she will continue to have : "her own rights to purchase assets, borrow and buy capital equipment" (I know for sure that she can buy Indonesian properties in her name only) .

    2/ Some people have registered it in Court and with the marriage certificate at an Indonesian city's Kantor Catatan Sipil , but I guess it is not mandatory (I don't know the rule stating that yet) .

    3/ In my view it is not important .

    4/ If you want to continue coming to Indonesia only for short stay , Indonesian Visit Visa or Visa-on-arrival seem ok .

    5/ As alternatives depend on the reason behind your choices , I may revise my options if you tell us more about your/her reasons .


    http://www.livinginindonesiaforum.or...ghlight=prenup (Atlantis' post no.24 , prenup's court register)

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    • brontebeachsands
      Member
      • Jan 2017
      • 10

      Marcus Thank you for your reply. I will expand upon it shortly.

      Comment

      • Nilfmonkey
        Member
        • Oct 2018
        • 1

        Hi everyone,

        I'm living in Indonesia with a spouse-sponsored KITAS, the purpose of which is "ikut istri." I understand that I'm not allowed to work with this type of KITAS, but I'm not sure about the definition of "work" in this case. For example, I'm searching for a job now, and there's a company in the US that has offered me a position where I would work from home in Indonesia and be paid in the US (to a US bank account, paying US income tax). The company is only based in the US, it doesn't have an office in Indonesia. In short I would be telecommuting.

        Would this situation be legal under my KITAS? And if not, what type of permit would I need to be able to work like this? And in case you know, is the definition of "work" specifically "earning income that is taxable in Indonesia" or is it something else?

        thanks a lot in advance

        Comment

        • marcus
          Member
          • Jul 2008
          • 9169

          Originally posted by Nilfmonkey View Post
          ... In short I would be telecommuting.

          Would this situation be legal under my KITAS? ...

          Assuming your spouse is Indonesian :

          You would be safer if your Indonesian spouse set up a small Indonesian business and the US based company pay to your spouse (instead of paying you as an Individual) .

          But even the way you intended , you should have some protection from the Article 61 of the Indonesian Law no.6 , year 2011 . You will have to work without a Work Permit/IMTA because the IMTA is only issued if the employer is an Indonesian based company .

          To be 100% safe you should have the agreement of your local Immigration + the local Manpower office .


          http://www.livinginindonesiaforum.or...ponsored-kitas (similar case)

          Comment

          • Misja Alexander
            Member
            • Dec 2017
            • 4

            Dear Marcus (and others), thank you for all the help. Last year, your advise about changing my KITAS from company-sponsor to Indonesian spouse was very helpful (in the end everything went well although it took a long time because I did it on my own and did not use an agency). But now I am facing a new problem! I have just moved to a new (rented) apartment and need to report the address change to immigration. Meanwhile, considering my KITAS is to expire next month I also want to extend it at immigration - or turn it into KITAP (because I have been married for more than two years now). The problem is that the owner of the apartment I rent refuses to sign a surat kuasa that is needed by the RTRW (and kelurahan) to make a domicile letter. But I need that domicile letter to arrange all matters at immigration.... so everything is stuck now because of the owner of the apartment refusing to sign a letter. What can/should I do in this situation? thank you in advance for advise & best regards.

            Comment

            • marcus
              Member
              • Jul 2008
              • 9169

              Originally posted by Misja Alexander View Post
              (a) ... my KITAS is to expire next month I also want to extend it at immigration - or turn it into KITAP ...

              (b) ... the owner of the apartment I rent refuses to sign a surat kuasa that is needed by the RTRW (and kelurahan) to make a domicile letter ...

              First , sorry for the delay in answering . I didn't notice your post .

              (a) You can start online too at https://izintinggal.imigrasi.go.id/IT-online/ .

              (b) Are you sure you need a surat kuasa ? In my view it should be just a surat keterangan (statement) stating you rented the apartment (you could write the statement yourself and just ask the owner to sign it) .
              Otherwise talk to Pak/Ibu RT for alternatives like :
              - Getting a statement from the building administration
              - Pak/Ibu RT coming to the apartment to check you really live there ,
              - Showing the rent contract to Pak/Ibu RT
              - Showing the apartment monthly administration fee payment receipt to Pak/Ibu RT
              Last edited by marcus; 10-01-19, 22:05.

              Comment

              • Misja Alexander
                Member
                • Dec 2017
                • 4

                Originally posted by marcus View Post


                First , sorry for the delay in answering . I didn't notice your post .

                (a) You can start online too at https://izintinggal.imigrasi.go.id/IT-online/ .

                (b) Are you sure you need a surat kuasa ? In my view it should be just a surat keterangan (statement) stating you rented the apartment (you could write the statement yourself and just ask the owner to sign it) .
                Otherwise talk to Pak/Ibu RT for alternatives like :
                - Getting a statement from the building administration
                - Pak/Ibu RT coming to the apartment to check you really live there ,
                - Showing the rent contract to Pak/Ibu RT
                - Showing the apartment monthly administration fee payment receipt to Pak/Ibu RT

                No problem Marcus, thank you, you are correct that it is strange (others I talked to - who live in other parts of Jakarta - do not need a surat kuasa from the owner), but apparently at Podomoro City (West Jakarta) it is required by "local rules" even though it does not make sense and can actually become a great problem for foreigners (when the owner refuses to sign the letter). I have lived in several (rented) apartments in Podomoro city and every year require the surat kuasa from the owner to extend my KITAS. Only in my present apartment the owner refuses to sign it. I asked customer service (CS) at my apartment complex whether there are different ways of getting the domicile statement from RTRW that I can take to the kelurahan but they said no, and emphasized the RT requires the surat kuasa. But now my story takes a weird turn. CS checked their database regarding the unit I rent and according to their data, the owner who rented it out to me is not the owner of the apartment! Apparently, just before I rented the apartment, the old owner had sold the unit to the new owner (who immediately rented it out to me) but because the transfer of ownership status takes about six months in Indonesia the old owner is still the owner of the apartment according to CS data. This actually opened a window for me. I asked whether the old owner would be cooperative enough to sign the surat kuasa to help my immigration affairs. He said "yes" and within two days I had the surat kuasa (which is now - together with various other required documents - being processed at the RTRW). So it seems like everything has worked out in the end. Although, after this experience, I probably want to move to another place. Anyway, thanks a lot for your advice Marcus.

                Comment

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