Status of stay permit mixed married couples divorced
Stay Permit is a permit granted to a Foreigner by an Immigration Officer or a foreign service official to be in the Indonesian Territory
Status of stay permit mixed married couples divorced
We will explain how the stay permit status of mixed-married couples, if the marriage has decided to divorce.
Definition of divorce
Divorce is the breaking of bonds in a husband and wife relationship, meaning the breaking of the law of marriage so that both of them are no longer domiciled as husband and wife and no longer live together in a household.
Definition of residence permit
Stay Permit is a permit granted to a Foreigner by an Immigration Officer or a foreign service official to be in the Indonesian Territory.
Types of stay permit in Indonesia
- Visit Stay Permit (ITK)
Permission granted to Foreigners to stay and be in the Indonesian Territory for a short period of time for the purpose of a visit.
- Limited Stay Permit (KITAS)
A limited stay permit is a residence permit granted to a foreigner to be able to reside in the territory of Indonesia for a limited period of time.
- Permanent Stay Permit (KITAP)
Permits granted to certain foreigners to settle and reside in the territory of Indonesia as residents of Indonesia.
Status of stay permit mixed married couples divorced
Based on Law of The Republic of Indonesia Number 6 Year 2011 Concerning Immigration Article 62 Point 2, Letter g.
Mixed married-divorce
Permanent Stay Permit may expire because the Permanent Stay Permit holder:
Termination of marital relations Foreigners who are legally married to Indonesian citizens due to divorce and/or court decisions, except for marriages that are 10 (ten) years old or more.
Based on Government Regulation of The Republic of Indonesia Number 31 Year 2013 Concerning Implementation Regulation of Law Number 6 Year 2011 Concerning Immigration Article 159 Point 3 Letter f.
Visit Stay Permit, Limited Stay Permit, and Permanent Stay Permit can be canceled by the Minister or the appointed Immigration Officer:
Termination of marital relations due to divorce and/or court decisions for Foreigners who obtain limited Stay Permits due to legally married Indonesian citizens.
Thus, the ITAS will be canceled if the mixed-married couple is divorced.
For ITAP holders. Article 163
- For mixed marriages that are less than 10 (ten) years old, the Permanent Stay Permit of Foreigner obtained due to a legal marriage remains valid even though the marriage has ended due to divorce and/or upon a court decision if the Foreigner concerned has a Guarantor.
- The guarantor as referred to in paragraph (1) is an individual who is an Indonesian citizen.
Obligations of ITAP holders with divorce status in Government Regulation of The Republic of Indonesia Number 31 Year 2013 Concerning Implementation Regulation of Law Number 6 Year 2011 Concerning Immigration Article 163 Point 3 and 4.
The guarantor as referred to in paragraph (2) must be submitted to the Immigration Office whose working area includes the residence of the Foreigner within a maximum period of 60 (sixty) days from the date of issuance of the divorce certificate.
If the Foreigner does not apply for a Guarantor within the period as referred to in paragraph (3), the Permanent Stay Permit will be canceled.
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