Stay Permit for Ex-Indonesian Citizens and Dual Citizenship in Indonesia – Migrating is the departure of a person from the place of origin where his grew up to another area to life or seek experiences. Many factors drive people to go from their place of origin or birth to other places. Among them are traditional or cultural factors, economic factors, education, Mate etc.
Based on the current citizenship laws and regulations, Citizenship of the Republic of Indonesia is regulated in Law no. 12 of 2006 concerning Citizenship of the Republic of Indonesia. According to this Law, people who become Indonesian Citizens (WNI) are as follows:
1. Everyone who prior to the enactment of the law has become an Indonesian citizen;
2. Children born from legal marriages from Indonesian parents;
3. A child born from a legal marriage of an Indonesian citizen father and a foreign citizen (WNA) mother, or vice versa;
4. A child born from a legal marriage of an Indonesian citizen and father who does not have citizenship or the laws of the country of origin of the father do not grant citizenship to the child;
5. Children born within 300 days after their father’s death from a legal marriage, and the father is an Indonesian citizen;
6. Children born outside of legal marriages from Indonesian citizens;
7. Children born out of legal marriages from foreign mothers who are recognized by an Indonesian citizen father as their children and the recognition is made before the child is 18 years old or has not yet married;
8. A child born in the territory of the Republic of Indonesia whose nationality status of the father and mother is not clear at birth;
9. A newborn child who is found in the territory of the Republic of Indonesia as long as the father and mother are not known;
10. A child born in the territory of the Republic of Indonesia if the father and mother do not have citizenship or where their whereabouts are unknown;
11. A child born outside the territory of the Republic of Indonesia from an Indonesian father and mother, who due to the provisions of the country where the child is born grants citizenship to the child concerned;
12. The child of a father or mother whose citizenship application has been granted, then the father or mother dies before taking an oath or pledge of allegiance;
13. Children of Indonesian citizens born out of legal marriages, not yet 18 years of age and unmarried, are legally recognized by their father who is a foreign national;
14. Children of Indonesian citizens who are not yet five years old, who are legally adopted by foreigners based on a court order;
15. Children who are under 18 years of age or have not yet married, reside and reside in the territory of the Republic of Indonesia, whose father or mother has obtained Indonesian citizenship;
16. Children of foreigners who are not yet five years old who are legally adopted according to court ruling as children by Indonesian citizens;
From this Law, it can be seen that in principle the Republic of Indonesia adheres to the principle of citizenship ius sanguinis; coupled with a limited ius soli and limited dual citizenship, the following is an explanation;
a) The principle of ius sanguinis (law of the blood) is the principle that determines a person’s nationality based on descent, not based on the country of birth.
b) The principle of ius soli (law of the soil) is a principle that determines the nationality of a person based on the country of birth, which is limited to children in accordance with the provisions stipulated in the Citizenship Law.
c) The principle of single nationality is the principle that determines one nationality for each person.
d) The principle of limited dual citizenship is the principle that determines dual nationality for children in accordance with the provisions stipulated in the Citizenship Law.
e) The Citizenship Law basically does not recognize dual citizenship (bipatride) or statelessness (apatride). The dual nationality granted to children in the Citizenship Law is an exception and even then is limited.
What about a person who was an Indonesian Citizen and now a Foreign Citizen or a Ex-Dual Citizenship, are they still permitted to live in Indonesian territory?
Based on the regulations, Ex-Indonesian Citizens (including Ex-children with Dual Citizenship of the Republic of Indonesia), in accordance with Article 54 of Law Number 6 of 2011 concerning Immigration, and Article 141 paragraph 2 letter i of Government Regulation Number 31 of 2013 concerning Implementing Regulations of Law Number 6 of 2011 about Immigration; Husbands / wives who join themselves with Ex-Indonesian Citizens in accordance with Article 141 paragraph 2 letter f of Government Regulation Number 31 of 2013 concerning Implementing Regulations of Law Number 6 of 2011 concerning Immigration; Legitimate children who are not yet 18 years old and have not yet married who are fused with Ex-Indonesian citizens in accordance with Article 141 paragraph (2) letter h Government Regulation Number 31 of 2013 concerning Implementing Regulations for Law Number 6 of 2011 concerning Immigration can stay in Indonesia by applying for a Limited Stay Visa Index C 318 ” Repatriation”/ to regain Indonesian citizenship.
Apart from Kitas, Ex-Indonesian Citizens / Dual Citizenship can apply for a Visit Visa for their Residence Permit while in Indonesia. The President of the Republic of Indonesia on 27 June 2016 has signed Government Regulation (PP) Number 26 of 2016 concerning Amendments to Government Regulation Number 31 of 2013 concerning Implementation Regulations of Law Number 6 of 2011 concerning Immigration. The new PP states that the government has revised several important points. Among other things, the government extended the validity period of Multiple Visit Visas. In the previous regulation, the validity period of a general Multiple Visit Visas was the same as a diplomatic visa and a service visa, that is for 12 months from the date of issue. However, the government has extended the validity period of Multiple Visit Visas, valid for 5 (five) years from the date of issue, Article 111 paragraph (2) states. Previously there was no provision on this matter.
The background for the revision of this regulation departs from the diaspora or Ex-Indonesian Citizens living abroad. This extension is the aspiration of the diaspora, to make it easier for Ex-Indonesian Citizens visiting Indonesia. In this new regulation, the government has also added several points of regulations regarding the extension of visit residence permits for visiting visa holders. In the previous regulation, the validity period of the visit residence permit for foreigners who hold a one-time visit visa is only given a maximum of 60 days from the date the entry is given, without any extension information. Now the stay permit for one trip/Single Entry can be extended four times with a maximum extension period of 30 days. Meanwhile, the stay permit for Multiple Visit Visas cannot be extended. Particularly for the diaspora, the government provides concessions by exempting the residence permit for several visits. Through this regulation, the government provides opportunities for diaspora to extend their stay permit for visiting Indonesia a maximum of two times with a maximum extension period of 60 days.
What are the requirements for applying for a residence permit (Visa, Kitas/Limited Stay Permit & Kitap/Permanent Stay Permit) for Ex-Indonesian Citizens / Dual Citizenship?
For Ex-Indonesian Citizens who are not in the context of regaining Indonesian Citizenship, the application is submitted by the guarantor by attaching official documents issued by the Government Agencies of the Republic of Indonesia or by legitimate institutions recognized by the Government of the Republic of Indonesia which can prove that the person concerned is a Ex-Citizen Indonesia includes:
+ Birth certificate,
+ Identity card,
+ Passport of the Republic of Indonesia or
+ SK renounced Indonesian citizenship
+ Certificate Education.
For a Ex- child who has dual citizenship of the Republic of Indonesia, the application is submitted by the father and / or mother who is an Indonesian citizen or guarantor by attaching the following requirements:
+ The birth certificate of the person who has been translated into Indonesian by a sworn translator, except in English;
+ Parents’ marriage certificate which has been translated into Indonesian by a sworn translator, except in English; and
+ Evidence of Immigration facility in the form of Immigration facility card or return of Immigration Documents.
Can Ex-Indonesian Citizens / Dual Citizenship apply for a Transfer of Status from Kitas to Kitap?
Of course can do it, in Article 54 (1) of Law No. 6. Year 2011 concerning Immigration, I.e : Permanent Stay Permit can be given to (point d): Foreigner, Ex- Indonesian Citizen and Ex-subject child with Dual Citizenship of the Republic of Indonesia This policy is technically regulated in the Government Regulation of the Republic of Indonesia Number 31 of 2013 concerning Implementation Regulations of Law Number 6 of 2011 concerning Immigration, particularly in articles 152 – 155. Article 152 (1) Permanent Residence Permits can be granted to: (point d): Foreigner, Ex-Indonesian Citizen and Ex-child subject to the Dual Citizenship of the Republic of Indonesia. This Permanent Stay Permit is obtained through the stages of status transfer from a Limited Stay Permit as regulated in Article 152 paragraph (3) of the PP. Permanent Stay Permit for Foreigners as referred to in paragraph (1) is granted through a change of status.
Notes: For Ex-Indonesian Citizens / Dual Citizenship, Can directly apply for Kitap without having to wait several times for Kitas extensions. But still the first stage starts with Kitas first.
What is the Procedure for Obtaining Visa, Kitas and Kitap for Ex- Indonesian Citizens / Dual Citizenship?
You can contact Indoservice for more further details.
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