changing sponsorship KITAP under 10 years marriage

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  • Danny1234
    Member
    • Sep 2015
    • 49

    changing sponsorship KITAP under 10 years marriage

    Hi

    I have read that i can change to a new sponsorship, after the 60 days that the divorce certificate is issued.
    I was married below 10 years. I brought all the docs to the immigration, and they refused it, since the new penjamin baru (new sponsor) was :
    1) Not blood related to my ex wife. (Why should I, I am not divorced for nothing)
    2) The old sponsor had to be present, while she is in another country now.

    The law states this:

    Peraturan Pemerintah (PP) no.31, tahun 2013, tentang keimigrasian :

    Pasal 163
    (1) Untuk perkawinan campuran yang berusia kurang dari 10 (sepuluh) tahun, Izin Tinggal Tetap Orang Asing yang diperoleh karena perkawinan yang sah tetap berlaku walaupun perkawinannya telah berakhir karena perceraian dan/atau atas putusan pengadilan jika Orang Asing yang bersangkutan memiliki Penjamin.

    (2) Penjamin sebagaimana dimaksud pada ayat (1) merupakan perorangan yang berkewarganegaraan Indonesia.

    (3) Penjamin sebagaimana dimaksud pada ayat (2) harus diajukan pada Kantor Imigrasi yang wilayah kerjanya meliputi tempat tinggal Orang Asing dalam waktu paling lama 60 (enam puluh) hari terhitung sejak tanggal diterbitkannya akta perceraian.

    These 2 rules are not written anywhere.
    Well after i did research i found an agent who knows the kepala imigrasi from that district.
    He said he accepted this and I can go back to the immigration and the papers got accepted into the system. I paid the standard 6.750 Juta again.
    After this the agent said I need to pay for them to accept it another 5 mil.
    After that there comes another 10 mill, since they will do it smoothly without hassle, and no extra costs, otherwise it could give me problems and would take a long time.
    all is 21.750jt
    When I informed with other agents they asked more, one around 50 mill.
    My question is, does someone have this experience, since I followed the law and my new sponsor is just a Indonesian friend of mine.
    Can they make problems for me by refusing the kitap again if I not agree? I feel a bit abused in this way. But again I follow the law in I am not too late, im within the 60 days.

    Thanks
  • marcus
    Member
    • Jul 2008
    • 9214

    #2
    Originally posted by Danny1234 View Post
    (a) ...they refused it, since the new penjamin baru (new sponsor) was :
    1) Not blood related to my ex wife...
    2) The old sponsor had to be present, while she is in another country now.

    (b) ...does someone have this experience,...

    (c) Can they make problems for me by refusing the kitap again if I not agree?...

    (d) But again I follow the law...

    (a) Although these requirements are not in the Regulation , usually it is required that the present sponsor makes a letter requesting Immigration to transfer the sponsorship to the new sponsor . Immigration has also the right to ask the sponsor to come to their office .

    (b) I was in the same situation 7 years ago . The section Immigration boss didn't accept my request due to :
    - the new sponsor was poor , and
    - The above option in Article 163 was not allowed in the Law (UU no.6 Year 2011) , and
    - he was angry because I got the ok from an officer of Kantor Wilayah (Regional Immigration Office) . He said my request would never reach Kantor Wilayah .

    (c) If the Kantor Imigrasi's section boss confirmed the above , I guess you are unlucky . I think that by Insisting you will not solve anything .

    (d) I showed the Regulation to them (PP no.31 Year 2013) and discussed with the section boss for almost 1 hour . At the end he said he would only accept if my new sponsor had Rp200 million in the bank .

    By the way , coincidentally or by the influence of this (then) section boss , now Immigration requires an individual sponsor to have at least Rp100 million in bank(s) . See details here : https://www.livinginindonesiaforum.o...ing-march-2022

    Comment

    • Danny1234
      Member
      • Sep 2015
      • 49

      #3
      Thanks for your reply:


      The section boss accepted my request. after got the ok, from kepasa wilahay section . They refused this already before.

      The immigration did not ask for the 100 million. Ok I did not go into discussion with them as well. So basically you are saying i should just pay the full amount 21 juta and it will all be alright?
      he was angry because I got the ok from an officer of Kantor Wilayah (Regional Immigration Office)
      But this ok, was eventually declined or what?

      Thanks for the info

      Comment

      • marcus
        Member
        • Jul 2008
        • 9214

        #4
        Originally posted by Danny1234 View Post
        (e) The section boss accepted my request. after got the ok, from kepasa wilahay section . They refused this already before.

        (f) ...So basically you are saying i should just pay the full amount 21 juta and it will all be alright?

        (g) But this ok, was eventually declined or what?

        (e) Sorry , I did not understand (because you said above that "they refused it") . Could you try to say in a different way ?

        (f) I cannot risk saying that . What I can say is that I did not succeed in keeping the KITAP , and I didn't know anybody who could help me . Fortunately I was eligible for a Retirement Visa/KITAS , so I chose it .

        (g) What the Kantor Imigrasi's section boss meant was that the ok from Kantor Wilayah was worthless because the process had to , first , pass through his approval (before reaching Kantor Wilayah) . He said that if I continue requesting , he would simply throw my request into the garbage bin .

        Comment

        • Danny1234
          Member
          • Sep 2015
          • 49

          #5
          I see, sorry if I wrote it incorrectly.
          First they refused it, since the agent knew the kepala imigrasi, it was after that refused and submitted into the system en had to pay the 6.750.000.
          Then I had to pay some extra, another 5 and 9, around 21. I just wonder, if i would not pay the last 10, since it is submitted already, in how far they could make a problem to still refused it on a later stage.

          Comment

          • marcus
            Member
            • Jul 2008
            • 9214

            #6
            Originally posted by Danny1234 View Post
            ...First they refused it, since the agent knew the kepala imigrasi, it was after that refused and submitted into the system en had to pay the 6.750.000...
            Ah , ok . Now I understood .


            Originally posted by Danny1234 View Post
            ...I just wonder, if i would not pay the last 10, since it is submitted already, in how far they could make a problem to still refused it on a later stage.
            I don't know .

            Comment

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