Status of the Stay Permit of Couples Mixed Married-divorced – No couple is perfect. Every marriage relationship will have a pebbles in the household. For those who are married, they will experience at a point, which can be at the lowest point or at the highest point in life. Many love journeys of a couple, both from mixed marriages or who are both local residents, go well and also smoothly or vice versa. 

Deciding whether or not your marriage should end is a big decision. How come? Because divorce is a tough decision to make.

This article will discuss 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.

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

(1) 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.

(2) 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.

This the information regarding the status of foreigners holding a divorced stay permit.

If you experience difficulties and ignorance in the application process. Contact Indoservice Now!

Indoservice is an Immigration Service Consultant, as a trusted and experienced formality service provider, committed to providing the best and fast service to meet your needs for Visa, KITAS, KITAP, and other immigration documents. Contact us now at Telp. / Whatsapp at +62877-1449-8500 and admin@indoservice.co.id.