Sponsor Change for My KITAP

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  • kopijava
    Member
    • Mar 2013
    • 6

    Sponsor Change for My KITAP

    Hi all,

    I am an ex-WNI and have an unlimited KITAP since 2019, I am due to report for my 5 year interview near the end of this march (2024), My sponsor was my mother who recently passed away a month ago. I went to the immigration today to ask for the forms and requirements, and asked if I can change my sponsor to my sister now, I was shocked when the officer told me that I would have to (Again) pay 5 million rupiah for a NEW Kitap that would basically be my “First” KITAP again with a 5 year expiry date, and in five years I have to pay another 10 million Rupiah for my “second” Unlimited Kitap since I have a new sponsor. (Of course those are just the kitap fees not including MERP)

    Does this sound right? Does anybody have any experience with this situation before?

    I think it’s unfair and ridiculous that I would have to start over again just because my sponsor (mother) passed away and I have no choice but to change my sponsor.

    What do you guys think? Is this normal according to the law? Any help or suggestion is much appreciated.

    Thank you

    Best regards,

    kopijava
  • TheSion
    Member
    • Mar 2012
    • 144

    #2
    Hi kopijava

    First of all, my condolences for the recent loss of your mother.

    I am in a very similar situation, having to report after my life-long (I always found this term is more accurate than 'unlimited' - even tho both conceps are intrisically wrong) KITAP by the end of this month.

    As we all know, information you receive from KanIm (even DitJenIm) officers may vary depending on the moment, region you reside at, the individual you talk to, or even what direction the wind blows that day, but considering all this:

    It is my understanding that once you have the 2nd KITAP (aka. unlimited) the passing of your sponsor (which btw must be reported within 60 days) would not void your KITAP status.

    In the case of divorce from your sponsor, you would not lose KITAP status as long as you have been married 10+ years.

    But in both cases, sadly you always must be sponsored by a WNI or a company according to the PP 31 2013.
    Now, the question at hand, I am not sure if that would 'reset' back to paying KITAP, according to the UU 6 2011 once you reach Unlimited KITAP status there is no mention to ever paying again.

    When I changed my sponsor from a company to my wife, that did not reset my KITAS count (4th at that time I think), so not sure why should apply to the Unlimited KITAP.

    My advice would be to go again to the KanIm with the UU 6 2011 in hand and try to politely fight it from there, best if with a legal advisor.

    Additionally, I will ask this question next week when I go renew mine and post here the result.

    Best of luck.

    ?

    Comment

    • marcus
      Member
      • Jul 2008
      • 9217

      #3
      Originally posted by kopijava View Post
      ...I think it’s unfair and ridiculous that I would have to start over again just because my sponsor (mother) passed away and I have no choice but to change my sponsor.

      What do you guys think? Is this normal according to the law? Any help or suggestion is much appreciated.


      Unfortunately , from past members' posts , it is how Immigration has been interpreting cases of sponsor change .

      By the way I still didn't find the specific rule about it . What I know is a generic (incomplete , in my view) rule (see below) . PP no.31 Year 2013 was revised many times but I checked 3 of its revision and didn't find any important change in Article 161 (but not sure if I missed 1 or more revisions - by the way , it is a little hard to check revisions of a rule because Indonesia does not keep revisions in a same Law/Regulation number) .


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


      PP no.31 Year 2013
      Article 161
      (1) In the event that an Indonesian father and/or mother die(s) , the KITAS or KITAP of a foreign child from mixed marriage shall remain valid.
      (2) A foreign child from mixed marriage as contemplated in clause (1) where his/her Indonesian father and/or mother die(s) , shall have an Indonesian Sponsor/Guarantor .


      PP no.40 Year 2023 (4th revision of PP no.31 Year 2013)
      Article 161
      (1) In the case of an Indonesian resident father or mother dies, their foreign child's (from a mixed marriage) KITAS or KITAP continues being valid .
      (2) A foreigner who is a child of mixed marriage as referred to in paragraph (1) is obliged to report the marital status of his/her parents to the Immigration Office.

      Comment

      • TheSion
        Member
        • Mar 2012
        • 144

        #4
        marcus

        by the way , it is a little hard to check revisions of a rule because Indonesia does not keep revisions in a same Law/Regulation number
        Does this mean that PP/40/2023 did overwrite both PP/31/2013 and UU/06/11 ?

        Feeling curious about this now.

        Regards.

        Comment

        • kopijava
          Member
          • Mar 2013
          • 6

          #5
          Thank you guys,

          Yes, I also wondered if it’s just the specific officer who misinterpreted the law, I’m hoping someone else there might have a different answer when I go back for the interview, or perhaps it is worth going to DirjenIm pusat to find the correct answer.

          Comment

          • marcus
            Member
            • Jul 2008
            • 9217

            #6
            Originally posted by TheSion View Post
            [USER="289"]Does this mean that PP/40/2023 did overwrite both PP/31/2013 and UU/06/11 ?

            No .

            Indonesia issues a new PP number for each revision of a PP (Regulation) . Similarly , issues a new UU number to revise an UU (Law) .

            Usually only few articles are revised , so to know which article was revised you need to search for all new regulation or new law about the same subject .

            For example , PP 40/2023 being the 4th revision of PP 31/2013 means that there are 3 others PPs between 2013 and 2023 which we need to look for in order to know which articles of PP 31/2013 were revised .

            Comment

            • TheSion
              Member
              • Mar 2012
              • 144

              #7
              Great then, this throws a glimpse of hope for those who dare defend themselves with the UU/06/11 - Not saying that guarantees anything but establishes some ground to base a case on, or at least try.

              Thanks for the clarification.

              Regards.

              Comment

              • marcus
                Member
                • Jul 2008
                • 9217

                #8
                Originally posted by kopijava View Post
                ...perhaps it is worth going to DirjenIm pusat to find the correct answer.

                You can also choose to check with the Kantor Wilayah (at Province's capital city) , or online at :

                - https://www.imigrasi.go.id

                - https://web.facebook.com/DitjenImigrasi/

                - https://www.instagram.com/ditjen_imigrasi/?hl=en

                - https://twitter.com/ditjen_imigrasi


                I once showed a Regulation to the Kantor Imigrasi (local Immigration) foreign sector's boss and also told him that Kantor Wilayah agreed with my interpretation . He said he disagrees and my request would go to the trash bin , it would never reach Kantor Wilayah .

                Comment

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