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Getting Married Abroad
If you have been married abroad, get a translation of your
marriage certificate consularized by the Indonesian Consulate or
Embassy abroad. These documents are necessary to register your
marriage in Indonesia. In a few cases (usually due to differing
religions) the foreign spouse may be asked to convert or the
couple must remarry, but in most cases a consularized
translation of the marriage certificate is adequate. Especially
in cases where the couple already have children and have been
married for some time, there are fewer questions about the
legality of their marriage.
Indonesian government regulations stipulate that you must
return to Indonesia within a year of your marriage and register
your marriage with the Civil Registry (Kantor Catatan Sipil).
When you register you will obtain a Tanda Bukti Laporan
Perkawinan, which makes your marriage legal in Indonesia.
The Kantor Catatan Sipil may ask you for ... are you ready
... a letter from the foreign spouse's parents saying they give
permission for the marriage, even after the fact! Seems strange
... but this request has come up repeatedly. So, if you want to
avoid hassles, get a letter from you folks or other senior
family member before you start through the bureaucracy at Kantor
Catatan Sipil.
They may also ask for a certified letter from the foreign
spouse's embassy verifying that the marriage certificate is
legal ... which shouldn't be any problem if it is notarized. If
you have children, you bring them with you to these meetings ...
more proof that you're married! Don't despair, often the
officials are happy with just seeing a copy of your foreign
marriage certificate, consularized by the Indonesian consulate
and that is adequate to register you. But as with everything
else - there is an exception to every rule!
It is customary in Indonesia to throw a big reception to
which everyone one of the Indonesian partner's family members,
friends and acquaintances is invited. Some couples who have
married abroad may opt to have a reception in Indonesia which,
in theory, demonstrates the Indonesian spouse's family's support
of the marriage.
Inter-faith marriages
Indonesian government regulations make it difficult for
people of different faiths to marry. If you are married in
Indonesia, the official government line is that either the bride
or groom must convert. This can be done in the Kantor Urusan
Agama in the Religious Affairs Ministry. While for some this is
a true conversion, for others this is simply a paperwork
formality to enable the couple to marry and ease documentation
procedures. As with everything else - you may find yourself the
exception, with no one asking anything about your faith when you
go to get married or register your marriage.
Indeed, some inter-faith Indonesian couples purposefully get
married while they are overseas and return with the marriage a
fait accompli ... legal documents and all ... and that is one
way out of one of the Indonesian partners having to convert in
order to marry.
Mind you we are simply discussing legalities here. Once you
move to Indonesia, one may find that the pressures from the
Indonesian spouse's family and friends may influence the foreign
spouse's previous decision to convert or not to convert to the
Indonesian spouse's religion. Indonesian society tends to be
much more religious than western societies. Even if your husband
isn't particularly religious, be prepared for his family to be
so. Generally speaking Indonesians find it very difficult to go
against their family's wishes.
There is a support group for foreign women married to
Indonesian men who are considering converting to Islam, called Sisters.
There is also a support group in Jakarta for expat men (mostly
married to Indonesian women) who have converted to Islam Jakarta
International Muslim Society Tel (021) 741-8941 Fax (021)
741-8942 E mail: yjimslhl@yahoo.com.
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Registration of Indonesians Spouses Living
Overseas
Be advised that all Indonesians living overseas must register
their presence with the nearest Indonesian consular office. The
penalty if you do not do this within two years of your arrival
is certain complications in renewal of passports, and could even
entail loss of Indonesian citizenship.
For more information on Indonesian
citizenship issues.
Expatriate Men
Married to Indonesian Women
Visa regulations for foreign husbands of
Indonesian women
Foreign husbands of Indonesians are treated just like other
foreign men in regards to obtaining a KITAS (limited stay
permit). That is, you must have a sponsor and a work permit
before the KITAS can be issued. Work permit first, visa second!
There is NO special dispensation for foreign men married to
Indonesian women to automatically entitle them to limited stay
status. The wife may be able to sponsor her children's KITAS -
but not her husband's.
Unfortunately an Indonesian wife can not sponsor a foreign
husband for residency. She can be the sponsor for a social visa
which allows you to stay for a maximum of 1-2 months at a time
(with 4 renewals - up to 6 months). This visa, however, does NOT
allow you to work.
The government's policy behind this regulation seems to be
related to the fact that foreign men are assumed to need a job
to support their family in Indonesia. Only foreign 'experts' can
be issued work permits in Indonesia. The foreign husband's
expert status depends on whether or not he possesses job
skills/knowledge that Indonesians don't have.
Foreign experts must locate an Indonesian sponsor who then
applies to the Manpower Ministry for the foreigner to work in
their business as an expert. Once the work permit (IKTA - izin
kerja tenaga asing) has been issued, this becomes the basis for
the application to Immigration for the KITAS. Again, work permit
first, visa second!
One of the most basic questions is "Will marriage in
Indonesian woman give me permanent residence there?" As one
visitor to this site so succinctly stated it ... No. You have no
more rights than a visiting tourist and will have to leave
unless you have a Kitas/business/social budaya or Tourist Visa.
Your children will also be considered foreign citizens.
Basically you are entitled to nothing and are subjected to
excess immigration fees.
Short-term visas
Foreign husbands of Indonesians can enter Indonesia on a
tourist or social/visit visa initially, then try to find a
sponsoring organizion (job) after their arrival. The
social/visit visa is preferable to a tourist visa since the
tourist visa can not be extended past 60 days; you have to leave
Indonesia and re-enter the country on a new 60-day tourist visa.
You must obtain the Social Visit Visa from an Indonesian
embassy overseas before entering Indonesia. Your wife can
sponsor a Social Visit Visa, which is initially good for two
months and allows four one-month extensions (at about Rp 400,000
each) in Indonesia without having to leave the country. If the
Indonesian wife sponsors the social/visit visa and then the
foreign spouse finds employment, he will need to leave Indonesia
and go to Singapore, for example, to have the new visa (that his
new employers obtains) stamped in his passport and reenter under
the new sponsorship.
Sample
Letter to request a Kunjungan SOSBUD Visa
Sample
Letter to ask for an extension to a SOSBUD Visa
Sample Request and Sponsorship Letter
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Opening a Company
Some foreign men married to Indonesians choose another route -
by starting a business which is owned by the wife, her family or
friends. The business can then apply for a work permit for the
foreign husband as an expert. Of course this depends on your
area of expertise. For example, if you are an expert diver, your
wife can open a dive shop and hire you to teach diving. If you
are a chef, your wife can open a restaurant, etc.
In some fields, such as management consulting, a foreigner
can open a 100%- foreign owned company. These regulations change
often, so check with a consultant or lawyer to determine whether
or not these might be viable options for your situation.
Change of citizenship for spouse
We have only heard of a few instances where a foreign husband
has changed his citizenship to Indonesian. The foreign spouse
can apply for citizenship after a 5-year period of residence in
Indonesia. If the Indonesian wife is insistent with the
authorities, she can help her spouse get his Indonesian
passport. The obvious advantage of an Indonesian passport is
that it eliminates the need for a work permit. For more
information on Indonesian citizenship
issues and Indonesian
Nationality Act.
Nationality of children
By Indonesian law, the nationality of children follows the
nationality of the father. In newspaper articles covering
problems in the nationality of children from mixed marriages,
the government's response has been very rigid. All children of
foreign men are foreigners (WNA - warga negara asing). It
makes no difference where the children were born as to whether
or not they have the right to Indonesian citizenship.
The only way that we are aware that these children can be
classified as Indonesian citizens is, if the real father's name
(the foreigner) does not appear on the Indonesian birth
certificate. If a father is listed, he will most likely have a
fictitious Indonesian name. In this case, these children will be
Indonesian citizens, but will not have any rights as a foreign
citizen. This status would undoubtedly be difficult to reverse
at some future date, even through the courts. While this avenue
is a very difficult choice, this is the only 'easy' way we are
aware of for these children to become Indonesian citizens.
Registering
the Birth of a Child
Children born out of wedlock
If an unmarried Indonesian woman has a baby with an
expatriate father and wants the baby to be an Indonesian
citizen, the only way we are aware of is if the mother states
the father as "unknown" on the birth certificate.
However, without being married to the mother of the baby, the
expatriate father will have no legal rights towards the child.
And, you will not be able to obtain a foreign passport for the
child, as the father of the child is unknown. Some couples
choose to do this in order for their children to be Indonesian
citizens, so that they don't have the hassle of yearly KITAS
renewals. Be advised that it will result in other legal hassles
down the road and that as Indonesian citizens, these children
will not be allowed to attend international schools in
Indonesia.
Visa implications for children
Just as the foreign father must have a KITAS to reside in
Indonesia, his children must also have KITAS. Children of
foreign fathers may not possess Indonesian passports, but must
have a passport issued by their father's embassy. We understand
that Indonesian wives can sponsor their children's KITAS.
In the event of a divorce or death of the foreign spouse,
these children would still be considered foreign citizens, even
if they stay in Indonesia with the Indonesian mother and the
foreign father leaves the country.
Education concerns for children
If the father of a child is foreign, the child is able to
attend an international school in Indonesia. Though the costs
are high, the education is highly superior to the Indonesian
school system. Foreign children can also attend Indonesian
schools, if their parents so choose.
Home ownership
Since foreigners aren't allowed to own homes in Indonesia, if
the couple plans to buy a house, it will have to be solely in
the name of the wife, and/or her family members. It may be
impossible to borrow money from a bank to purchase a home as the
bank will recognize that ownership of the husband. s half of the
home will revert to the Indonesian government in the case of a
default on the loan.
There have been newspaper articles detailing announcements
made by the government that foreigners may now purchase
apartments. In fact, to this day, there are no regulations which
clearly allow foreign ownership of apartments, though rumors
abound that these regulations are forthcoming. Currently, the
only way a purchase of an apartment can be arranged is if you
have a contract with the developer saying that title for the
apartment stays in the developer's name until such time as the
laws are changed so that the ownership of the apartment can be
in the foreigner's name. Needless to say, seriously consider
whether or not you can trust the developer to honor the
contract.
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Expatriate Women
Married to Indonesian Men
Visa status for foreign wives
If the wife is the foreign spouse, the legal situation is
totally different. Her Indonesian husband can easily apply for a
KITAS for her with the status 'ikut suami' , accompanying the
husband. The assumption of the Indonesian government seems to be
that these foreign women are housewives, at home raising the
children and not in the job market. The foreign wife is allowed
to reside in Indonesia under this status, but not allowed to
work. The basis for this sponsorship is the marriage
certificate. Besides that, you need a letter of sponsorship from
your husband, your passport, your husband. s ID card and his
family card (kartu keluarga).
If you were married overseas, as most foreign wives of
Indonesians are, you must take a registered copy of your
marriage certificate to the consular section of the nearest
Indonesian consulate or embassy. Ask the consular staff to
consularize a translation of the marriage certificate and a copy
of the foreign marriage certificate.
It is important to have a marriage conducted abroad
registered in Indonesia at the Kantor Catatan Sipil within one
year of the marriage or as soon as possible after the couple
moves to Indonesia. Otherwise the marriage is not considered
legal.
If a foreign wife of an Indonesian is on an ikut suami status
and wants to leave Indonesia, she must have a letter stating
that her husband has given his permission for her to depart.
This letter is needed in order to apply for an exit/reentry
permit at the immigration office. This regulation is a
formality, but can cause difficulties in the case of a
separation, divorce or an attempt to spirit children out of the
country.
Employment for foreign wives
A foreign wife of an Indonesian may not work in the formal
sector unless she has a work permit, just like all other
foreigners. This requires special qualifications and can be
complicated unless the wife has skills companies here are
desperate for and willing to go through the hassle of all the
paperwork which is expensive and time consuming.
Change of citizenship for foreign wife
Foreign wives of Indonesian husbands may become Indonesian
citizens after one year of marriage. If they choose to do so,
they must give up their previous citizenship. If they do not
choose to change their citizenship after the one-year period,
the normal regulations regarding obtaining Indonesian
nationality by way of naturalization would apply (5 years
residence, etc.).
Some foreign wives who have changed their citizenship to
Indonesian may be able to arrange it so that they keep their
foreign passports, yet be advised that according to Indonesian
regulations this is illegal. Some countries allow you to give up
your citizenship once in your life and still get it back again
in the future, so check with your embassy to see what rules
would apply and what the legal implications of giving up your
citizenship would be.
Consider carefully the choice to change your citizenship. You
may want to preserve your children's rights to foreign
citizenship for the day they want to go to your home country for
university education. Foreign student tuition isn't cheap! For
more information on Indonesian
citizenship issues and Indonesian
Nationality Act
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Nationality of children
As stated above, Indonesian government regulations stipulate
that the citizenship of a child follows the father's
citizenship. When an Indonesian man marries a foreign woman
their children are considered to be Indonesian citizens (WNI,
warga negara Indonesia) by the Indonesian government.
If your child is born overseas, you must first obtain a birth
certificate from the country of birth. Take this to the consular
office at the Indonesian consulate or embassy and apply for an
Indonesian birth certificate. The consulate will make an
Indonesian translation of the foreign birth certificate and
consularize the translation. This translation becomes the
child's legal birth certificate for paperwork matters in
Indonesia. Be sure that a copy of the foreign birth certificate
is consularized by the Indonesian consular office as well. If
the consular office is in short supply of passports, they may
only issue a travel document for you to take the child to
Indonesia, with the passport being issued after your arrival in
Indonesia.
Despite Indonesian law, some parents (foreign wife/Indonesian
husband) choose to have the children follow the citizenship of
the mother. This, of course, depends on the laws of the mother's
country. The United States, Australia, the United Kingdom and
many other countries entitle children to hold citizenship, no
matter where they are born, as long as one parent holds
nationality. If you choose foreign nationality for your
children, they will have to hold limited stay permits (KITAS),
just like their mother. If you decide to apply for a foreign
passport, be advised that you maybe asked questions at
immigration about why the children don't follow the Indonesian
father's nationality. Your reasons can be explained and you can
be on your way!
While Indonesian law does not allow dual citizenship (two
passports), there does seem to be some very unofficial turning
of the heads when young children of a foreign mother and
Indonesian father seem to have somewhat unexplainable travel
stamps in their passport (as in you leave Indonesia, but never
seem to go anywhere). Officially, dual citizenship is illegal in
Indonesia, so consider and plan for the implications of these
regulations whenever you travel with your children to or from
Indonesia.
Visa implications for children
Children born to Indonesian fathers do not need visas to
enter or reside in Indonesia. They are full Indonesian citizens.
However, they may need a visa to enter their mother. s home
country if they travel on an Indonesian passport. Be certain to
discuss the legal status of your child very thoroughly with the
consular officials in your home country or at the mother's
embassy in Jakarta. Issuing a foreign visa in the child's
Indonesian passport maybe seen to invalidate the child's foreign
citizenship.
In some cases, foreign mother's of these Indonesian children
have been asked to provide proof of their husband's permission
to take the children out of the country, if he is not traveling
with them. This problem seems to arise when the last name of the
foreign mother and the Indonesian children are different. If you
are worried about being asked, be sure to carry a letter from
your husband and show it to the immigration officials whiny
depart Indonesia.
Education Concerns for Children
Because the children of these marriages follow the father's
citizenship, they are Indonesian citizens, and therefore in the
past have not been allowed to attend international schools in
Indonesia (this was a government regulation, not the school's).
The only exception to this rule was when the mother had a work
permit or the parents were divorced. In these instances, the
children could attend an international school, through the
mother's sponsorship. If the mother's status is ikut suami and
she is sponsored by her husband, the children must attend
Indonesian schools or be home schooled. There are no
restrictions for children of foreign nationality to attend
Indonesian schools, when both parents are foreigners.
Since the above was written, the regulations have loosened a
bit ... and now the "Indonesian children" of expat
women and Indonesian men have been able to attend some
international schools (not all). Following is the story of one
successful attempt:
"The person I contacted at the Pendidikan dan
Kebudayaan ministry said that I needed a letter from my embassy,
requesting that my child be admitted to an international school.
The person I knew at the embassy then called P&K and
clarified matters, so in the end I did not need that letter
after all.
I wrote a letter to P&K detailing our choice of
school, included my daughter's date of birth and passport
details, and husband's KTP particulars. I had to sign the letter
on a Rp. 6,000 meterai (tax stamp).
The man I spoke with at P&K, Pak Yunus, promised the
embassy contact 3 working days and the letter permission for
attending an international school would be ready. I did
not have to pay for the letter, and Pak Yunus was courteous, and
even sought my advice on the education system differences in
Indonesia and Singapore."
The address to contact is:
Dir-Gen Pedidikan Dasar Dan Menegah
Jalan Jend. Sudirman
Gedung E Lantai 5
UP Bagian Tata Laksana
Tel: 572-5610
Pak Yunus 572-5612
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Home ownership
Since foreigners aren't yet allowed to own homes in
Indonesia, if the couple plans to buy a house, it will have to
be solely in the name of the husband, and/or his family members.
You can put the title for your home or other property in the
names of your children. If they are minors, the parents or other
family members can be appointed as guardians until they come of
age.
It may be impossible to borrow money from a bank to purchase
a home as the bank will recognize that ownership of the wife's
half of the home will revert to the Indonesian government in the
case of a default on the loan. The only exception to this is if
the foreign wife has signed a prenuptial agreement (pisah
harta) stating that she is not entitled to her husband's
property upon his death or a divorce. In this case a couple can
receive a housing loan.
Visa status for unmarried couples
An Indonesian husband will not be able to sponsor a limited
stay permit (KITAS) for his foreign fiancé until they are
legally married. If they wish to live in Indonesia prior to
being married, the husband-to-be should apply for a social/visit
visa for his wife-to-be. Once the marriage is legal, he can then
apply for a KITAS without the foreign wife having to leave the
country. If she enters on a tourist visa, she must leave
Indonesia after the KITAS has been approved to have the new visa
stamped in her passport in an Indonesian embassy abroad. So,
beware of the possible future travel implications of entering
Indonesia on a tourist visa -- if your intention is to
reside in Indonesia.
In the case of a divorce
The legal rulings regarding divorce in mixed marriages are
somewhat contradictory. It is not easy to find out exactly what
applies. Some points in the law are clear: The property
owned prior to the marriage remain the property of the person
concerned. Any inheritance received by the husband or wife
during the marriage is not shared, but remains the property of
the person concerned. Any income earned by either person during
the marriage is shared. In case of divorce the mother is
generally given custody of young children, however this is not
clear-cut and the decision is made on a case-by-case basis.
Inheritance
It is highly recommended, and very wise, for wives of
Indonesian husbands to coax their husbands into writing a will.
If the couple doesn't have a will, and the Indonesian husband
passes away, the wife will have to go to court to get her status
recognized/legalized. As she is only given one year to sell any
property owned by her husband, time is of the essence. Should
her husband's family challenge her right to inheritance and she
does not have a will, she may lose out to his family. Even
though the marriage law states clearly that a wife shall inherit
from her husband, the law interprets matters differently when
the wife is a foreigner.
Help with Paperwork
Foreign wives of Indonesians may find that it relatively easy
to make their own visa applications together with their husband.
Be patient and understanding and develop a good rapport with the
various officials that you deal with. Remember, you will need
their help EVERY YEAR of your residence in Indonesia to extend
your visa. Foreign husbands of Indonesians women may find it
easier to use an agent.
If you choose to use one of the hundreds of agents who
operate in Jakarta, beware. Some are unscrupulous and will
charge you 10 times the actual fee for their services. They may
also obtain incorrect or incomplete documentation which will
cause many headaches and difficulties at a later date.
Ask friends for recommendations, compare prices and be sure
of exactly what paperwork the agent will complete for the fee.
There are agents listed in the classified section of major
newspapers. Don. t accept the first one you talk to, tell them
you are looking at the services of several agents and already
have other offers that you want to compare their offer to. You
will be surprised at how the price drops down.
* * * * *
In summation, you will find enormous flexibility in the
implementation of regulations in Indonesia. Almost everything
can be 'worked out', depending on who you know -- or what kind
of connections the Indonesian spouse's family has within the
bureaucracy. What works for you may not work for someone else
and visa versa. It's best to educate yourself thoroughly as to
the legal implications of the various steps you take in your
quest to establish legal residence in Indonesia.
As one of our readers said it "The laws are
stretched left and right beyond belief by Indonesian leaders,
enabling multi-billion dollar thieves to get away with it with
no punishment in sight. So, a little stretching here and there
for personal use and for the sake of one's family, especially
when it does not harm anyone, is in my mind okay."
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