Stay Permit Of Inter-State Marriage That Has Been Divorced – Ups and downs in marriage is a sure thing. Especially if our spouse comes from a different country. Bickering often starts because of cultural, racial and nature of character differences. The worst possibility can lead to divorce. However, before deciding to divorce, it is better to rethink ahead for the future, especially with regard to our spouse’s residence permit.
If the marriage between a foreigner and an Indonesian citizen ends, then that condition does not necessarily make the foreign citizen unable to have a residence permit in Indonesia. If they divorced by legal and court decision, the residence permit is still valid as stipulated in the Government Regulation on Immigration Article 162 paragraph (1) as follows:
1. For inter-state marriage that has lasted 10 (ten) years or more, permanent stay permit of foreigner obtained due to legal marriages still apply even though the marriage has ended due to divorce and/or by court decision.
2. Whereas for inter-state marriage lasted less than 10 (ten) years, permanent residence permit of foreigner obtained due to legal marriage remains valid even though the marriage has ended due to divorce and/or by court decision if the foreign national concerned has a Indonesian guarantor. The guarantor must be submitted to the Immigration Office whose jurisdiction covers the place of residence of the foreigner for a maximum period of 60 days from the date of issuance of the divorce certificate. If the foreigner does not submit the guarantor within 60 days then the permanent stay permit is canceled.
3. Permanent residence permits that do not meet the above conditions, can be canceled based on Article 75 paragraph (2) letter b of the Immigration Act, the cancellation is an administrative act owned by an authorized immigration official.
4. Whereas for inter-state marriages using a limited stay permit, by reviewing government regulation Number 31 of 2013 concerning Implementation Regulations of Law Number 6 of 2011 concerning Immigration, the provisions regarding cancellation of the residence permit were expanded to also be limited residence permits. For this reason, the status of a limited stay permit will still be canceled if the inter-state marriage divorces.