The key points of the New Law that affect mix marriage couple are as follows:
· If you marry an Indonesian citizen here, you will be entitled to Izin Tinggal Terbatas. After 2 years, you can convert it to Izin Tinggal Tetap (ITAP).
· If you have already been legally married for at least two years to an Indonesian citizen, you get an ITAP immediately. E.g. if you marry your Indonesian spouse in Australia and stay there for 2 years before coming to live in Indonesia, you are entitled to an ITAP immediately.
· If you have an ITAP because you are married to an Indonesian, you can work here without needing a work permit.
· If your children choose to keep their foreign nationality once they reach the age of 18, they are entitled to an ITAP and can work here.
· If your children were over 18 when the citizenship law was passed and never had Indonesian nationality, they are now entitled to an ITAP and can work.
· Foreigners who are legally married to Indonesians no longer need a `penjamin' (sponsor).
· The ITAP is valid for an unlimited period but needs to be renewed administratively every 5 years. There is no cost for this.
· If you already have an ITAP and your Indonesian spouse dies, you keep the ITAP.
· If you have an ITAP and you and your Indonesian spouse divorce before you have been married for 10 years, the ITAP is cancelled.
· If you have an ITAP and you and your Indonesian spouse divorce when you have been married for 10 years or more, you keep the ITAP.
Unfortunately we still have to have the re-entry permit. If you have an ITAP, you will be able to get, as now, a multiple re-entry permit that is valid for 2 years.
Now that the bill has been approved by the DPR it will go to SetNeg and then be signed by the President. However, it will take some time before the implementing regulations are drawn up and this law becomes effective. (Source : Milis APAB)
New law accommodates needs of mixed marriages
The Jakarta Post, Jakarta | Thu, 04/07/2011 2:49 PM | National
The House of Representatives has passed into law a bill on immigration, which carries several long-awaited changes.
The bill was passed during the plenary session at the House on Thursday.
According to Law and Human Rights Minister Patrialis Akbar, the new law contains changes on par with the "actual developments" brought by "increased mobility" of people due to globalization and efforts to keep the administration in line with ratified international conventions Indonesia has signed.
Among the changes, he said, were regulations on mixed marriages whereby the spouses and children of mixed marriages can now obtain permanent residency permits more easily.
This includes former holders of Indonesian citizenship and children of divorced parents, where one parent is an Indonesian citizen, he said.
Patrialis added that the changes were made to "increase the recognition of human rights values".
"Foreigners who legally marry an Indonesian citizen and their children, who still hold temporary and permanent residency permits can [now] take up work openly to fulfill their lives and their family's needs."
He further said that those holding permanent residency status for an indefinite period were required to report to the immigration every five years.
"And they will be charged no fees," he added.
However, those involved in "false marriages with the intent of obtaining immigration documents and to obtain Indonesian citizenship" would be punished, Patrialis said.