Changing KITAS sponsor without leaving the country

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  • marcus
    Member
    • Jul 2008
    • 9247

    #46
    Originally posted by SVP_recruitment View Post
    ... Well, actually we've been told it is not possible.
    What laws or regulations do we need to quote ?

    Up to now I didn't read any rule specifically about sponsor change in general conditions . I have been reading only parts of UU 6/2011 , PP 31/2011 , and PerMen 27/2014 , but if you see in the website http://www.imigrasi.go.id there are so many more regulations ... Maybe , for you , it would be easier to personally go ask Jakarta's Direktorat Jenderal Imigrasi .

    What we have seen here in this Forum are evidences that it is possible , some 5 posters have successfully done that , the Immigration form "Formulir Perubahan Data Orang Asing" states "Alih sponsor" as "Perubahan Biasa" , there are some conditions specified in PP31/2013 (see below) that accept sponsor change , and sponsor change is one of the situations that must be reported to Immigration according UU 6/2011 , Article 71 .

    -----------------------------

    UU no.6 , year 2011[FONT=Georgia] , Article 71[/FONT]
    [FONT=Georgia]Each Foreigner residing in the Territory of Indonesia shall:[/FONT]

    [FONT=Georgia]a. provide all necessary information regarding the identity and / or their families, and report any changes in civil status, nationality, occupation, Guarantor, or a change of address to the local Immigration Office; or
    ...


    PP no.31 , year 2013 , Article 160
    (1) In the event that an Indonesian citizen husband or wife dies, the limited Stay Permit or the Permanent Stay Permit of Foreigner obtained because of mixed marriage shall remain valid.
    (2) Foreigner as contemplated in clause (1) where her husband or his wife of Indonesian citizen dies shall have the Guarantor who has an Indonesian citizenship.

    Similar conditions in Articles : 161 , 162 , 163
    [/FONT]
    --------------------------------------------------------------------------

    http://www.livinginindonesiaforum.or...-journal/page2 (change sponsor + extension in a single process)

    http://www.livinginindonesiaforum.or...-country/page4 (post no.35 , change sponsor KITAS work > KITAS spouse)

    http://www.livinginindonesiaforum.or...633#post201633 (change sponsor did cost more , posts no.506 , no.508)

    http://www.livinginindonesiaforum.or...065#post336065 (case of sponsor change for Sosbud)


    I found this OLD information (partial copy below) at http://www.wirantaprawira.net/indon/index_im.html (Dr. W. R. Wirantaprawira's website) :

    Note : The website seems to be last revised in 2003 , so the information may not be correct .

    [.................................................. ......

    A. CHANGE OF SPONSOR :

    1. Provisions :

    a. A change of sponsor is a change of agency or guarantor responsible for the stay and activities of a foreign national who is in possession of a Limited Stay Permit or a Permanent Stay Permit.

    b. A change of sponsor is allowed in the following cases :

    1) between firms, companies, enterprises, or private or government organizations/agencies/ enterprises from the same group and / or owner;

    2) between firms, companies, enterprises, or private or government organizations/agencies/ enterprises which have cooperative commitments based on interrelated types of products;

    3) between firms, companies, enterprises, or private or government organizations/agencies/enterprises which have activities related to the carrying out of government projects, based on a recommendation from a related authority/institution/ department.

    c. The finalization of a change of sponsor shall be executed by the Head of the Local Immigration Office upon approval from the Director General of Immigration through the Head of the Regional Office of the Department of Justice or a designated official.

    d. An application for a change of sponsor shall be submitted by a foreign national and/or the new sponsor to the Head of the Local Immigration Office whose jurisdiction covers the area of residence of the foreign national concerned.

    2. Requirements

    a. A letter of application and guarantee from the new sponsor;

    b. a valid passport or travel document of the foreign national concerned

    c. an Alien Registration Book and Stay Permit Card of the foreign national;

    d. a certificate from the former sponsor stating that there is no objection to the foreign national's changing sponsor to be employed by a new sponsor;

    e. the applicant must not be included on the blacklist;

    f. a change of sponsor recommendation from related authorized institution/department;

    g. a Plan to Utilize Foreign Manpower document (RPTKA);

    h. a certificate of the Establishment of the Business of the former sponsor and the new sponsor.

    3. Process :

    a. An application for a change of sponsor shall be examined by the Head of the Local Immigration Office and sent to the Director General of Immigration through the Head of the Regional Office of the Department of Justice or a designated official along with any recommendations, suggestions, or other ideas.

    b. The finalization of the change of sponsor shall be executed by the Head of the Local Immigration Office, upon approval from the Director General of Immigration, as follows

    1) the Stay Permit shall be cancelled and a new one issued;

    2) the new Stay Permit shall be officially stamped, along with alteration notes, the number and date of approval of the decision of the Director General of Immigration, in the passport or travel document and Alien Registration Book.

    c. If the application for a change of sponsor is rejected, the Head of the Local Immigration Office shall :

    1) inform the foreign national concerned and/or his/her sponsor concerning the rejection of the application and the reasons for said rejection;

    2) cancel the Immigration Stay Permit by revoking the Immigration Stay Permit Card and Alien Registration Book of the foreign national concerned;

    3) order the foreign national to leave Indonesia, entering in the passport or travel document an official stamp, notes about the reason for revocation, and the date of the time limit to leave Indonesia.
    ....]
    Last edited by marcus; 04-02-16, 09:29.

    Comment

    • SVP_recruitment
      Member
      • Sep 2014
      • 141

      #47
      Thanks for your help Marcus.

      [COLOR=#333333]A. CHANGE OF SPONSOR :[/COLOR]

      [COLOR=#333333]1. Provisions :[/COLOR]

      [COLOR=#333333]a. A change of sponsor is a change of agency or guarantor responsible for the stay and activities of a foreign national who is in possession of a Limited Stay Permit or a Permanent Stay Permit.[/COLOR]

      [COLOR=#333333]b. A change of sponsor is allowed in the following cases :[/COLOR]

      [COLOR=#333333]1) between firms, companies, enterprises, or private or government organizations/agencies/ enterprises from the same group and / or owner;[/COLOR]

      [COLOR=#333333]2) between firms, companies, enterprises, or private or government organizations/agencies/ enterprises which have cooperative commitments based on interrelated types of products;[/COLOR]

      [COLOR=#333333]3) between firms, companies, enterprises, or private or government organizations/agencies/enterprises which have activities related to the carrying out of government projects, based on a recommendation from a related authority/institution/ department.


      A new teacher coming to our school does not meet those three criteria, so I guess he will have to exit the country and re-enter.

      [/COLOR]

      Comment

      • jstar
        Member
        • Jul 2011
        • 6054

        #48
        According to the criteria you list, it would never be acceptable to switch to a spouse as sponsor. Still, it is approved and done?!
        [FONT=arial black]
        [/FONT]

        Comment

        • marcus
          Member
          • Jul 2008
          • 9247

          #49
          Originally posted by SVP_recruitment View Post
          [COLOR=#333333]... A new teacher coming to our school does not meet those three criteria, so I guess he will have to exit the country and re-enter. [/COLOR]

          Like Jstar said , there were sponsor changes not included in that statement . I included that part just as an example , it is not an Immigration statement and so , not to take it seriously .

          I would try to request the sponsor change at the designated Kantor Imigrasi , and if they refuse (including the opinion of the big boss there) , ask Kantor Wilayah and/or Direktorat Jenderal Imigrasi .

          Comment

          • atlantis
            Banned
            • Jul 2008
            • 16593

            #50
            Originally posted by marcus View Post
            I found this OLD information (partial copy below) at http://www.wirantaprawira.net/indon/index_im.html (Dr. W. R. Wirantaprawira's website) :

            Note : The website seems to be last revised in 2003 , so the information may not be correct .
            I didn't check the link you provide, marcus, but if indeed it hasn't been revised since 2003 it can NOT be correct. It is only starting 2007 that indonesian women were authorized to sponsor their foreign husband (Male WNI were able to sponsor their WNA wife) for a residency permit and act as sponsor. A change of sponsor from a WNI spouse to a company has been made possible only since then (and the actual regulation clearly stipulating it even postdate it by a few years.
            The translation you propose seems to be a translation of a 1994 petunjuk which has been abrogated.

            Comment

            • marcus
              Member
              • Jul 2008
              • 9247

              #51
              Originally posted by atlantis View Post
              (a) ... if indeed it hasn't been revised since 2003 it can NOT be correct ...

              (b) A change of sponsor from a WNI spouse to a company has been made possible only since then (and the actual regulation clearly stipulating it even postdate it by a few years ...

              (a) Ok .

              (b) Do you remember which regulation ?

              Comment

              • loayserag
                Member
                • Feb 2017
                • 5

                #52
                Dear All,
                Thank you for your information but my case is totally new
                I have already a KITAS sponsored by a university in Indonesia, i finished my study and got my master so they will not renewal my KITAS, my point is while my study i got married with an Indonesian woman and i am asking how can i change my KITAS sponsor from the university to my wife?
                and is it possible or not?
                Note: my current KITAS is still active till 13/7/2017 and i live in Central Sulawesi not in Jakarta
                Thanks again
                Loay

                Comment

                • ReveurGAM
                  Member
                  • May 2009
                  • 721

                  #53
                  Originally posted by loayserag View Post
                  Dear All,
                  Thank you for your information but my case is totally new
                  I have already a KITAS sponsored by a university in Indonesia, i finished my study and got my master so they will not renewal my KITAS, my point is while my study i got married with an Indonesian woman and i am asking how can i change my KITAS sponsor from the university to my wife?
                  and is it possible or not?
                  Note: my current KITAS is still active till 13/7/2017 and i live in Central Sulawesi not in Jakarta
                  Thanks again
                  Loay
                  Yes, you can, in theory. You will need a letter from the university stating that they are willing to release sponsorship to your wife, and it should be an official statement on their letterhead. If the university is not willing to do this, then you cannot.

                  There is no law that prevents such a change of sponsorship but Immigration doesn't like doing it because they don't make money. You will likely meet resistance and you'll have to politely force them to do it. I went through a similar situation in 2011-2012 when an idiotic Immigration official refused to transfer my work KITAS to my wife. I had to get support from the Direktorat Jenderal Imigrasi (DirJenIm/DitJenIm). Someone there called the head of the office I was going to, and he told that official (in front of me) that he was wrong and my request was to be processed.

                  No, I was not in Jakarta. I very patiently called DirJenIm again and again (and again) until I got through to someone, who transferred me to someone until finally I got help.

                  You still have time to start the process. Given that you may encounter resistance, I suggest you start soon by going to the local KanIm (kantor imigrasi) with your wife. You will need to instruct your wife to be strong, brave and NOT submissive. Locals tend to be submissive, in my experience, and have trouble standing up to officials who are difficult. She is your main resource since she understands the language and is your new sponsor. Don't give up!

                  I wish you success!
                  I'm not arrogant or a know-it-all - I'm over-eager to help & not very good at writing humbly. Verify my answers!

                  Comment

                  • marcus
                    Member
                    • Jul 2008
                    • 9247

                    #54
                    Originally posted by loayserag View Post
                    ... i am asking how can i change my KITAS sponsor from the university to my wife? and is it possible or not? ... i live in Central Sulawesi not in Jakarta

                    The procedures is the same regardless of the type of sponsorship and the city . Unfortunately it is like ReveurGAM said above , Immigration is not happy to do it because it is a like issuing a new KITAS but for free , or because they never did it before and don't know how to do it .

                    So basically the procedures are like the ones for a new KITAS , except that there must be an additional letter from your present sponsor agreeing with the sponsorship change .

                    Comment

                    • loayserag
                      Member
                      • Feb 2017
                      • 5

                      #55
                      Thanks all for your Help
                      I will try to do as you Told.
                      For the university i think they have no problem as long as they are not paying money.
                      I will try to go and talk with the Local immigration office hoping every thing goes smothly.
                      I will give you any updates i have, wish me luck

                      Comment

                      • loayserag
                        Member
                        • Feb 2017
                        • 5

                        #56
                        One more Question
                        what is the steps to change my KITAS is it as follows or not?


                        Application in the KanIm:
                        1.A letter of your present sponsor stating that he has no intension to apply for a renewal at the expiration of your KITAS and have no problem to change the sponsorship to spouse sponsorship.
                        2.A letter of your future sponsor (wife) requesting the change of sponsor and the issuance of a new KITAS, sponsored by your Indonesian wife.
                        3.Copies and original of your present KITAS and passport.
                        4.Copies and original of your sponsor’s KTP.
                        5.Copies and original of your Akta perkawinan or Buku Nikah

                        Upon review of the above documents the KanIm will issue a set of letters for you to bring to the KanWil.

                        In the KanWil:
                        1.The letters given by the KanIm (step 1) are in fact 2 letters (identical) + 2 copies of all documents submitted. The letter states that considering the law and considering the document submitted, the KanIm finds no legal reason not to issue a new KITAS and ask the authorization to the KanWil to do so.
                        2.The KanWil, after reviewing all document + the KanIm’s letter will issue a set of document for you to bring to the DitJenIm in Jakarta.

                        Application in the DitJenIm (sub direktorat alih status keimigrasian):
                        1. The set of document given by the KanWil (step 2) includes one of the 2 letters of the KanIm + 1 copy of all documents you have first submitted to the KanIM+ a letter of the KanWil stating that considering the law, considering the document submitted and considering that the KanIm found no opposition to the issuance of a new KITAS… well… the KanWil has the same position.

                        The Direktur of the sub direktorat alih status keimigrasian, on behalf of the Direktur Izin Tinggal dan Status keimigrasian signs a Surat Keputusan saying that considering the law, considering the document submitted, considering that the KanIm found no opposition to the issuance of a new KITAS, The DitJenIm and its Direktur give autorisation to the KanWil to start the procedure of alih sponsor. DitJenIm give then a set of 3 letters (identical) to be brought to the KanWil.

                        Back to KanWil:
                        KanWil will remove one of the letter for their files and will replace it by a letter autorising the KanIm to finish the procedure of alih sponsor.

                        Back to KanIm:
                        KanIm will issue the new KITAS and modify the Blue Buku POA, stamping the alih sponsor page with the name of the new sponsor.

                        Thanks again for your help

                        Comment

                        • marcus
                          Member
                          • Jul 2008
                          • 9247

                          #57
                          Originally posted by loayserag View Post
                          (I) ... is it as follows or not?

                          (II) 2.A letter of your future sponsor (wife) requesting the change of sponsor and the issuance of a new KITAS, sponsored by your Indonesian wife...

                          (I) That depend on each Kantor Imigrasi (see my case below)

                          (II) In my view , you should ask what to request (I see 3 options) : 1. your wife would request a sponsor change (alih sponsor) . 2. your Kantor Imigrasi may want to save work (which is a good idea) , and ask her to request a sponsor change + the KITAS extension , or 3. request the sponsor change + a new KITAS (they may consider that a new sponsor means a new KITAS) .


                          See below what Immigration required from me . In my case my wife went to Jakarta to deliver/collect the documents , but nowadays many members just sent the documents through courier and asked Jakarta's Immigration to send the approval by mail directly to the Kantor Imigrasi . Nowadays Immigration may require a visit to your home and/or a Surat Domisili .

                          Documents :
                          a) Passport + 3 copies of the relevant pages of the it ,
                          b) Departure card (passport's attachment) , 3 copies only (not required anymore)
                          c) Sponsor's Letter + 2 copies ,
                          d) Form "Surat Permitaan dan Jaminan" + 2 copies
                          e) "Formulir Perpanjangan atau Konversi Izin Kunjungan" + 3 copies (may not be applicable to your case)
                          f) Other forms of the conversion package + 3 copies.
                          g) Sponsor's (wife) KTP and family card (Kartu Keluarga) , 3 copies only
                          h) Marriage certificate/book , 3 copies only
                          i) "Surat Bukti Pendaftaran Orang Asing" (normally issued at the second sosbud visa extension), 3 copies only (not applicable to your case)
                          j) 4 photos 3cm X 4cm (no restriction on background color , but later , the Police required red background) (not applicable anymore)
                          k) Document (used when I married in Indonesia) to prove I was single (equivalent to a statement of non-impediment to marry)


                          http://www.livinginindonesiaforum.or...2841#post72841 , (post no.128 , example of getting the first KITAS)

                          Comment

                          • ReveurGAM
                            Member
                            • May 2009
                            • 721

                            #58
                            Originally posted by marcus View Post
                            (II) In my view , you should ask what to request (I see 3 options) : 1. your wife would request a sponsor change (alih sponsor) . 2. your Kantor Imigrasi may want to save work (which is a good idea) , and ask her to request a sponsor change + the KITAS extension , or 3. request the sponsor change + a new KITAS (they may consider that a new sponsor means a new KITAS) .
                            1) Yes.

                            2) Isn't it too early to start the extension process if it doesn't expire for another 5 months? I forget...
                            Also, I suspect you mean "ITAS extension", since a KITAS is just a card that shows the card holder possesses the stay permit (ITAS).

                            3) Doing a transfer of sponsor should not require a new KITAS unless you mean reprinting the card to update the changed info...? That will need to be done. I believe there will be a fee for printing the new card, but I don't remember how much - it's been too long and someone paid it for mine.
                            Issuing a new ITAS, if that is what you actually meant, would mean there is no need to do a change of sponsor. I'm not even sure this is possible since you're starting over again with a new ITAS, and that requires starting over by getting a sosbud or something else, doesn't it?
                            I'm not arrogant or a know-it-all - I'm over-eager to help & not very good at writing humbly. Verify my answers!

                            Comment

                            • marcus
                              Member
                              • Jul 2008
                              • 9247

                              #59
                              Originally posted by ReveurGAM View Post
                              ... 2) Isn't it too early to start the extension process if it doesn't expire for another 5 months? ...

                              2.1) Also, I suspect you mean "ITAS extension", since a KITAS is just a card that shows the card holder possesses the stay permit (ITAS).

                              3) Doing a transfer of sponsor should not require a new KITAS unless you mean reprinting the card to update the changed info...? That will need to be done.

                              3.1) I believe there will be a fee for printing the new card, but I don't remember how much ...

                              3.2) Issuing a new ITAS, if that is what you actually meant, would mean there is no need to do a change of sponsor. I'm not even sure this is possible since you're starting over again with a new ITAS, and that requires starting over by getting a sosbud or something else, doesn't it?

                              2) A extension process can start 3 months before the KITAS expires .

                              2.1) Although sometimes we say KITAS when we should say ITAS (just for easiness , as people may not know what ITAS means) , in this case I don't think it is wrong or confusing to say KITAS extension (it is an extension of the ITAS , and also an extension of the KITAS) .

                              3) No , I didn't mean a new KITAS is necessary . Nowadays a KITAS does not state the sponsor , so a change of the sponsor does not require any change in the KITAS .

                              3.1) I don't know of any fee in this situation . There is a fee for just printing a new card when you lose/destroy the card .

                              3.2) Yes , if you want a new ITAS/KITAS , then you must start from a VITAS/Limited Stay Visa , or a Sosbud/Business Visa . When I put the options , those options are not in any Regulation I know , so I was just guessing from what I heard from people who already got sponsor change and what would possibly pass through the officers' mind . So this is why I see the possibility of a "new" ITAS/KITAS IF the foreigner already has a KITAS . In practice there is no difference between "sponsor change + KITAS extension" and "sponsor change + new KITAS" , except that if Immigration considers it a new KITAS , it will not depend on the expiration date of the present KITAS .

                              Comment

                              • ReveurGAM
                                Member
                                • May 2009
                                • 721

                                #60
                                Originally posted by marcus View Post
                                2) A extension process can start 3 months before the KITAS expires.
                                So Loay can either:
                                a) wait until it's mid-April and do both the sponsor change and the extension at the same time, or
                                b) do the sponsor change now and the extension later, correct?

                                In the case of a), I wonder if the university will allow him to remain on his student visa until that time since he's already earned his master's degree.



                                Originally posted by marcus View Post
                                2.1) Although sometimes we say KITAS when we should say ITAS (just for easiness , as people may not know what ITAS means) , in this case I don't think it is wrong or confusing to say KITAS extension (it is an extension of the ITAS , and also an extension of the KITAS) .
                                For you and me, it's not confusing. However, for novices it can be confusing. I've met several foreigners online and in person who think the permit and the card are synonymous. That's why I brought it up. I'm sure you'll agree that we have to err on the side of caution rather than creating misunderstandings for the sake of expediency.



                                Originally posted by marcus View Post
                                3) No , I didn't mean a new KITAS is necessary . Nowadays a KITAS does not state the sponsor , so a change of the sponsor does not require any change in the KITAS .
                                That is interesting to know!


                                Originally posted by marcus View Post
                                3.1) I don't know of any fee in this situation . There is a fee for just printing a new card when you lose/destroy the card .
                                Great!


                                Originally posted by marcus View Post
                                3.2) Yes , if you want a new ITAS/KITAS , then you must start from a VITAS/Limited Stay Visa , or a Sosbud/Business Visa . When I put the options , those options are not in any Regulation I know , so I was just guessing from what I heard from people who already got sponsor change and what would possibly pass through the officers' mind . So this is why I see the possibility of a "new" ITAS/KITAS IF the foreigner already has a KITAS . In practice there is no difference between "sponsor change + KITAS extension" and "sponsor change + new KITAS" , except that if Immigration considers it a new KITAS , it will not depend on the expiration date of the present KITAS .

                                I understand your intention now.

                                I would like to point out that there is at least one other practical difference between an extension and a new ITAS. When hoping to become naturalized (assuming the rules haven't changed), you have to be on the same stay permit for 5 consecutive years, or on unrelated stay permits for a total of 10 non-consecutive years. Has that changed?

                                Thanks for always being ready to share your knowledge and experience!
                                I'm not arrogant or a know-it-all - I'm over-eager to help & not very good at writing humbly. Verify my answers!

                                Comment

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