When the prospect of finding resources are scarce be it nature resources or human resources, individuals (or family) or company will be on the lookout for new frontier to fill in the gap that would otherwise be difficult or unavailable in the country of origin.
The host country depending on their social, culture, economy and political agenda try to provide and create laws and regulations to “bridge” the need between the need to safe guard their national interest and the needs of foreign companies and/or expatriate.
Balancing these two needs have proven to be the domain of politicians in charge of the country. Alien spouse or mixed nationality marriage are at the peripheral of the political debate when it comes to Immigration issues.
The differing attitude between the public interest represented by the Government or policy makers and mixed nationality marriage represented by a minority of individuals or groups preserve the status quo of mixed marriage nationality as ancillary interest.
The outline of the “them and us” is the general concept used by the Government and the policy makers as the foundation of public policy. This is true when foreign elements come into play - the common entry point is that all foreigner will be in the same bracket. Whereas mixed nationality marriage is not between the interest of “them and us” but it is more to the “we” factor as a unity not segregation.
When I hear or read articles suggesting different definition of married couples with different nationalities. I could not help but smile.
Take for instance Alien spouse, by God! Am I an alien from a distant planet? Roaming down to earth to breed with the earthlings?
The term in Indonesia is perkawinan campuran – a loose translation of mixed nationality marriage, which is male and female - married - one is an Indonesian citizen and the other is foreign citizen.
When I think of the term mixed nationality marriage, I imagine a blend of papaya and strawberries (our different citizenship) with a dash of yoghurt (the marriage) to make a smoothie (the life shared together) and voila! You have a smoothie couple – mixed nationality marriage.
Whether an alien from a different planet or a smoothie, we face the same obstacle: how to settle down as a family in the country of choice.
There are three categories of residence for mixed nationality marriage:
1. In the wife's home country; or
2. In the husband's home country; or
3. In neither country but foreign to both.
The reason may be because of job related or family circumstances or other reasons (you fill in the blanks). Whatever the situation, if you are an expatriate, you are obligated to follow the rules and regulations of the Immigration Law of that country.
What are the rules in Indonesia?
Indonesian law does not recognized common law partner or same sex marriage or same sex common law partner.
For those of you under the category of common law partner in your country, you will be required to obtain separate individual visas to enter into Indonesia.
If you are married to an Indonesian or are born from mixed nationality marriage whereby one of your parents is an Indonesian citizen (when submitting document for visa you are 21 years old or above), there are two options that you may consider:
1. Obtain a work visa; or
2. Obtain a spouse visa or family visa.
The second option is an addition to the immigration policy under the Indonesian Immigration Law No 6/2011. The only novelty in this law in regard to mixed nationality marriage is that a spouse or family visa holder may work in Indonesia without any guarantor such as in the case of work visa holder.
However, due to the nature of the legal structure and the legal decision making in Indonesia, such novelty will easily be disregarded if the Indonesian Department of Labour decided not to reform the Indonesian Labour Law to accommodate the new policy found in the Indonesian Immigration Law.
Again in my opinion this goes to show how impenetrable – though it is cracking a little - the wall of “they and us” when it comes to public policy in regard to Alien spouse or children from mixed nationality marriage.
In a situation such as these, those who are wondering when to convert worker visa to spouse/family visa, I suggest to wait until the government's regulation interpreting the Immigration Act No. 6/2011 is available. Until the Government Regulation is available - the procedures of handling visas will continue to follow the old policy under Immigration Law No. 9/1992.
It is also imperative to make sure that once you hold a those type of visa, you are allowed by law to work in Indonesia without the need to acquire company sponsorship.
I guess until we, mixed nationality marriage are viewed and acknowledge fully by our respective Government and policy maker as a unity or "we". My husband and children will be treated as an Alien or vice versa - me as an Alien in his country. This is so true in my country, Indonesia.
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