KITAS sponsored by the Indonesian spouse

[Dr. Michael Beer]

I - finally got my ITAP 5 years. When I handed over my application for Multiple Exit Re Entry the clerc said it was in the discretion of the head of dept. to grant a 2-year one. Only the 1 year is given automatically. Is that a fact or just a try... Could any of your gurus quote the law. Thanks a lot

[atlantis]

Is that a fact or just a try...

A try.

Pasal 90 as amended by Peraturan Menteri Hukum dan HAM RI nomor M.01‑IZ.01.10 TAHUN 2007 tentang perubahan kedua atas Peraturan Menteri Kehakiman RI nomor M.02‑IZ.01.10 tahun 1995 tentang visa singgah, visa kunjungan, visa tinggal terbatas, izin masuk dan izin keimigrasian.

(1) Izin Masuk Kembali untuk beberapa kali perjalanan diberikan kepada orang asing pemegang Izin Tinggal Terbatas dan pemegang Izin Tinggal Tetap.
(2) Izin Masuk Kembali untuk beberapa kali perjalanan bagi pemegang Izin Tinggal Terbatas dengan masa berlaku 1 (satu) tahun diberikan untuk jangka waktu paling lama 12 (dua belas) bulan terhitung sejak tanggal Izin Tinggal Terbatas diberikan.
(3) Izin Masuk Kembali untuk beberapa kali perjalanan bagi pemegang Izin Tinggal Terbatas dengan masa berlaku 2 (dua) tahun atau Izin Tinggal Tetap diberikan untuk jangka waktu paling lama 24 (dua puluh empat) bulan terhitung sejak tanggal Izin Tinggal Tetap diberikan.

Have your sponsor specifically requesting an izin masuk kembali for 2 years and ignore the petugas silly comment. If they intend to refuse it, ask for a surat penolakan stating the reason why, as an ITAP holder, you are refused a 2 years MERP.

[marcus]

I - finally got my ITAP 5 years ...

So , could you tell us how did you deal with Jakarta's Direktorat Jenderal Imigrasi ? Did you succeed in calling them , did you send the KanIm/KanWil package to them again , did Jakarta's immigration send their approval by mail ?

[Dr. Michael Beer]

After 6 months...

So , could you tell us how did you deal with Jakarta's Direktorat Jenderal Imigrasi ? Did you succeeded in calling them , did you send the KanIm/KanWil package to them again , did Jakarta send their approval by mail ?

I got the message from Singaraja/Bali that my ITAP is ready to pay for. 127 calls to DITJENIM Jakarta - never anybody picked up the phone overthere!
Now, I just come back from Imigrasi and was told that it is in the discretion of the office to grant 6, 12 or 24 months MERP. I insisted and after 1.5 hours the clerk came and said his "boss" will come next week (because holy NYEPI here) and I may come back for it.
I read the information of Antlantis, but am not sure if the applicant (my wife as a sponsor of me) has a LEGAL RIGHT to get the 24months' one. I told the petugas already that we want, in case it gets again rejects a surat penolakan. First, what if I get one - what to do with it? Decorate my WC? 2nd: what if they do not give me one? Demonstrate till reporters show up? That was a joke. Pls, seriously, advikce. Thanks a lot

[atlantis]

I read the information of Antlantis, but am not sure if the applicant (my wife as a sponsor of me) has a LEGAL RIGHT to get the 24months' one.

No regulation or decree specify that there are restrictions to it. You have a legal right to get it.

If refused, with our without a surat penolakan, contact the kepala divisi keimigrasian in KanWil.
See here: http://www.livinginindonesiaforum.or...l=1#post163022

Politely let the "boss" know that you are considering to contact KanWil should you be refused a 24 months MERP. Do it smoothly, in bahasa indonesia, without it to sound too much of a threat, but sounding like you won't mitigate with it.
Kantor imigrasi has the right to investigate you and the reason why you require a permit, but without a fair reason, they can not refuse it. There is NO such discretionary decision.

[colroe]

Hi Marcus, I appreciate the time you spend on assisting us with immigration issues. I have tried to discuss the following with officers at Medan Immigration and Kanwil, ie, There is no requirement for a person to have been married for two years whren applying for KITAS Ikut Isteri, but on each occasion the do not want to listen or to read the relevant laws, which yourself and Atlantis kindly helped me to find. I have another 14 months, putting up with their b/s and Sosial Budaya every month before, according to them, I can then apply for married KITAS. Is there some way I can get them to look at the new law and apply it here in Medan? Maybe a higher authority in Jakarta? If I were to write a leter to DITJEN would this be of some use? I do not want to poo in my own nest so to speak and create issues with the Kanor Immigrasi here. I would be grateful for any advice.

[atlantis]

Hi Marcus, I appreciate the time you spend on assisting us with immigration issues. I have tried to discuss the following with officers at Medan Immigration and Kanwil, ie, There is no requirement for a person to have been married for two years whren applying for KITAS Ikut Isteri, but on each occasion the do not want to listen or to read the relevant laws, which yourself and Atlantis kindly helped me to find. I have another 14 months, putting up with their b/s and Sosial Budaya every month before, according to them, I can then apply for married KITAS. Is there some way I can get them to look at the new law and apply it here in Medan? Maybe a higher authority in Jakarta? If I were to write a leter to DITJEN would this be of some use? I do not want to poo in my own nest so to speak and create issues with the Kanor Immigrasi here. I would be grateful for any advice.

See post #770. Go to the Kanwil and, law in hand, argue politely your case.
FYI, Kanwil has much more power to coerce KanIm than DitJenIm has.

[colroe]

Thanks Atlantis, I already tried to do that with Kanwil 2nd in charge, but she was dismissive and referred me back to KANIM. Will try again with the boss. It is hard to maintain a smile and pleasant demeanour with these people but sometime I feel so frustrated....................

[atlantis]

Thanks Atlantis, I already tried to do that with Kanwil 2nd in charge, but she was dismissive and referred me back to KANIM. Will try again with the boss. It is hard to maintain a smile and pleasant demeanour with these people but sometime I feel so frustrated....................

Write to the boss. Do not only talk. A letter is registered and forces them to consider your request. If they refuse the letter, tell the Divisi Keimigrasian clerk that you will contact the kepala kantor wilayah (who oversees the whole kantor and each division)

[colroe]

Great idea, and many thanks Atlantis.

[atlantis]

You're welcome. Having things done here sometimes require a lot of tenacity and not being afraid of being looked down because you are insisting. I try my best to always remain polite and not to show any emotion such as exasperation. We usually play bad cop/good cop with my wife. I come, quickly storm the office with the law and regulation being handy in case I need it. When I speak I emphasize on manadonese jokes in between harsh sentences and quotes of laws and verses. When it's done, I leave my wife dealing with the susceptibilities I may have hurted and explaining them what Undang² and Peraturan² mean to me.
Then I come back a couple of days after, all smile, with more jokes and usually we get the things done. For sure it doesn't please everyone but I couldn't care less.
In an office, generally 50% of the staff really like me. They are the one who get amused by the jokes uttered in bahasa Manado. The other 50% hate me. They are the one who were coerce in doing the job they are paid for with no extra incentive.

However, in twelve years here I have seen a LOT of improvement in Imigrasi. Atleast there is a will to try to get rid of some of the corruption and to be transparent concerning laws and procedures.

Don't give up. I am pretty sure you will find a way to be heard.

[marcus]

... I have tried to discuss the following with officers at Medan Immigration and Kanwil, ie, There is no requirement for a person to have been married for two years whren applying for KITAS Ikut Isteri, but on each occasion the do not want to listen or to read the relevant laws, ...

Just to add some facts (in case you are not aware of) , so you can better argue with them :

(1) This "2 years of marriage" requirement was introduced by UU6 - Tahun 2011 (Law no.6 - year 2011) , but for a 5 years ITAP/KITAP (Permanent Residency Permit) , not for a ITAS/KITAS (Temporary Residency Permit) .

(2) The rule for an ITAS/KITAS "ikut istri" (or ITAS/KITAS sponsored by the Indonesian wife) was introduced in 2007 . A foreigner husband is eligible for it as soon as he marries an Indonesian .

Note : Both the foreign husband and the foreign wife are eligible , the foreign wife started being eligible even before 2007 .

[Dr. Michael Beer]

2 year MERP refused

No regulation or decree specify that there are restrictions to it. You have a legal right to get it.

If refused, with our without a surat penolakan, contact the kepala divisi keimigrasian in KanWil.
See here: http://www.livinginindonesiaforum.or...l=1#post163022

Politely let the "boss" know that you are considering to contact KanWil should you be refused a 24 months MERP. Do it smoothly, in bahasa indonesia, without it to sound too much of a threat, but sounding like you won't mitigate with it.
Kantor imigrasi has the right to investigate you and the reason why you require a permit, but without a fair reason, they can not refuse it. There is NO such discretionary decision.

thank you very much Atlantis. I composed the following letter which I want to hand over next week at the Immigration Singaraja. What do you think?

[FONT=&quot]Perihal : Permohonan IZIN MASUK KEMBALI BEBERAPA KALI PERJALANAN (Multiple Re-Entry Permit) untuk DUA TAHUN[/FONT]


Dengan hormat ,
Dengan surat ini, dengan sopan saya meminta untuk membuatkan suami saya, Pak. xxx MERP yang 2 tahun, yang barusan dia mendapatkan ITAPnya (No. xxxx, Dikeluarkan tanggal: 7.3.13).

PERATURAN Pemerintah Nomor 19, tahun 2007 No VII, Pasal 49 (2) dan
Pasal Peraturan Menteri Hukum dan HAM RI nomor M.01-IZ.01.10 TAHUN 2007 tentang perubahan kedua atas Peraturan Menteri Kehakiman RI nomor M.02-IZ.01.10 tahun 1995 tentang visa singgah, visa kunjungan, visa tinggal terbatas, izin masuk dan izin keimigrasian.

(1) Izin Masuk Kembali untuk beberapa kali perjalanan diberikan kepada orang asing pemegang Izin Tinggal Terbatas dan pemegang Izin Tinggal Tetap.
(2) Izin Masuk Kembali untuk beberapa kali perjalanan bagi pemegang Izin Tinggal Terbatas dengan masa berlaku 1 (satu) tahun diberikan untuk jangka waktu paling lama 12 (dua belas) bulan terhitung sejak tanggal Izin Tinggal Terbatas diberikan.
(3) Izin Masuk Kembali untuk beberapa kali perjalanan bagi pemegang Izin Tinggal Terbatas dengan masa berlaku 2 (dua) tahun atau Izin Tinggal Tetap diberikan untuk jangka waktu paling lama 24 (dua puluh empat) bulan terhitung sejak tanggal Izin Tinggal Tetap diberikan.

Aplikasi asli saya sudah dalam file.


Aplikasi yang asli telah di serahkan ke pada Kantor Imigrasi,Singaraja, pada tanggal xxx2013

Seandainya Kantor Imigrasi KelasII, Singaraja, menolak aplikasi saya untuk 2 tahun MERP, Saya dengan sangat sopan meminta surat penolakan tersebut.

Terima kasih banyak atas perhatian Anda.
……………………………….. ……………………………

xxxx
Istri dan Sponsor dari XXX (ITAP No. xxxx, Dikeluarkan tanggal: xxx.13)

[atlantis]

Erm... No offense intended but I think that it would be better to have your wife drafting it.
It sounds way too much "bule written" due to the structure of your sentences and words such as "file" and aplikasi" (permohonan would already sound better).

Also, I rarely quote directly to a Pejabat an article of law, especially in a letter. They just hate that, which is an humiliation. I usually talk about it when facing him, and only after having exposed the situation and my request. In a letter I would just write something like "sesuai peraturan yang berlaku", remaining vague, rather than lecturing them on a letter. The guy's gonna have an heart attack if a bule coming fromp the blue teaches him regulations that he should be aware of and without kind warning first. Keep this in mind.

Even if I face a pejabat I would use a bit of strategy rather than a frontal attack to have him/her done his/her job. Like "Ho! look at the regulation I've found! I am not sure to understand it well but it seems that it says that... blablabla... I am sure that Bapak understand it better than me. Look, I leave you the document, take your time, I don't want to appear tidak sopan and pushy and I will just come back in a couple of day so that bapak has time to read it."
Only with stubborn civil servants I go to the extend of lecturing and teaching them the peraturan dan persyaratan. But if I am forced to this extend I usually loose my cool and it's better if my wife is around. I can be REALLY kasar in manadonese and have stunt a couple of pejabat and a pamen here, who have certainly never been talked to in their whole life this way and who will remember me (and avoid me) untill their last breath I am afraid. Yet, it is not the situation I enjoy the most. Better to be smooth and to navigate diplomatically enough to have the things done with as less sakit hati people left behind you.

Write first, then if you don't get the expected result, ask for an interview, then show the documents you have. If the interview is refused and the letter ignored, go to Kanwil.

Having things done in Indonesia is often hair raising and requires ten times more time than necessary, but with the right ingredients you can't miss your recipe.

[colroe]

Thanks again Marcus, am now preparing for next stage of "battle"!!!