Common-Law Marriage

Nowadays, it is increasingly common to see many couples who do not marry. The reasons for this vary, but the purpose of the relationship is identical to that of married couples – living together in love and partnership.

To protect the right to family life and the integrity of the family unit, including foreign nationals, the Ministry of Interior established the “Procedure for Handling the Status of Israeli Citizens’ Partners, Including Same-Sex Couples.” This procedure recognizes the status of “common-law partners” as a legitimate status for couples who are not married but still live together as a couple. It allows the foreign partner, subject to certain conditions and preliminary checks, to obtain status in Israel as the partner of an Israeli citizen, including same-sex couples.

The procedure enables the foreign partner to obtain permanent resident status after a cumulative 7-year graduated process. If the inviting partner is an Israeli citizen, the graduated process includes 3 years with a B/1 work visa followed by 4 years with a temporary A/5 residence permit, provided that the couple meets the procedure’s conditions and there are no issues in the yearly checks conducted by the Ministry of Interior.

The preliminary steps for evaluating an application for this graduated process include examining the sincerity of the relationship, cohabitation in Israel, and the absence of security risks. For the differences between the process for common-law partners and married couples, see here.

It is important to emphasize that Israeli courts have repeatedly ruled that various types of relationships must be recognized, and no rigid criteria should define what constitutes a relationship. Especially in light of cultural and societal changes over the years, there should be conceptual flexibility regarding genuine relationships.

However, it should be noted that under this procedure, the burden of proof is higher for common-law couples since there is no legal commitment between the partners (unlike married couples). Therefore, it is crucial to know the rights available to both partners, foreign and Israeli, and understand what the Ministry of Interior is entitled to examine and what it is not.

It is essential to emphasize this point because we have often encountered genuine couples who were unaware or even misled by the authorities. It is possible to start the common-law process even if one partner is still married and in the process of divorce. There is no need to wait until the process is completed; on the contrary, it is important and advisable to act swiftly to regulate the status of the foreign partner.

**Interview**

The most commonly used tool by the Ministry of Interior is an interview of the couple (separately) to assess the sincerity of the relationship. While this is a rational and necessary tool for evaluating the relationship’s authenticity, couples often find themselves nervous or anxious, having never been in a similar situation that resembles an investigation. Sometimes, they may withhold details they mistakenly believe are irrelevant or harmful to their application.

Even genuine couples sometimes fail the interview, which can happen for several reasons.

First, as mentioned, couples are often highly stressed due to the unusual situation in which a stranger asks intrusive questions about their relationship and life in general.

Second, different phrasing of identical answers can be interpreted as contradictions by a third party reviewing the interview protocol and making a decision later. Often, the interviewer is not the person making the decision on your application or may do so at a later time. Therefore, the wording of responses and proper documentation of the interview protocol are crucial.

Here are some real-life examples of misunderstandings:

– The Israeli partner is asked if they know the foreign partner’s parents and answers yes. They are then asked if they have spoken to them and reply yes, via Skype. Later, the foreign partner is asked if their partner has spoken to their parents and replies no, because they don’t speak English. This seems like a problematic contradiction, but it turns out that the Israeli partner was present while the foreign partner was talking to their parents on Skype. They saw each other and said hello, but each partner interpreted the question about speaking to the parents differently.

– The couple is asked about mutual friends, but each partner lists different mutual friends. Both answers are honest, and they do indeed have mutual friends, but to someone reading this later, it may seem like a contradiction.

These examples are just a fraction of the misunderstandings that can occur, which is why having an experienced lawyer present is crucial. Our attorneys are by our clients’ side at every stage of the application process, including during the interview. Our attorneys will ensure our clients’ privacy is respected and will prevent unnecessary invasions of privacy. Above all, they will ensure proper documentation of the interview and assist in cases of misunderstandings.

It is important to remember our guiding principle – as long as you are a genuine couple, there is no need to hide any information. You are entitled to regulate the status of the foreign partner even if one partner has a past, including illegal stay in Israel. Your right to family life prevails.

As lawyers, truth is our guiding light, and with the right knowledge and guidance, nothing but the truth is needed to achieve your legal right to live with your partner as you wish.

Furthermore, our office has repeatedly succeeded in overturning erroneous decisions by the Ministry of Interior that were based on inaccuracies arising during relationship interviews, unjustly rejecting genuine couples’ applications.

See:

Y & M – a couple in the second stage of life. Y is divorced and a grandfather. M is a Filipino citizen who has been in Israel for about twenty years, most of which she worked as a caregiver. In recent years, she stayed in Israel without a visa. The Ministry of Interior rejected their application due to various claims regarding the answers given during the interview, which stemmed from the couple’s character, the nature of their relationship at this stage of their lives, and difficulty expressing themselves. Our office appealed the wrongful decision, and the court overturned the Ministry’s decision, granted M a B/1 visa for six months, and ordered the Ministry of Interior to examine the relationship as part of the graduated process.

**Documents**

In addition to the interview, the procedure requires presenting various documents and evidence regarding the foreign partner’s identity, the relationship, and the couple’s life in Israel.

However, life can be complicated, and it is not always easy to locate all the necessary documents, or sometimes “issues” arise with some of the documents. Therefore, proper guidance and professional support are needed to direct the couple in finding the required documents, including guidance on document authentication, validity, and more.

It is also important to remember that every couple has different life circumstances. In some cases, additional documents may be required, such as name change certificates, previous marital status documents, divorce decrees, foreign court rulings, and more. However, sometimes the authorities demand unnecessary documents, either for their convenience or due to lack of knowledge among clerks. Here, legal representation is essential to assert your rights against the authorities and even exempt the couple from unnecessary requirements in appropriate cases.

It is important to know that this does not necessarily prevent the regulation of status, and with the right legal knowledge, gaps can be bridged, and your rights can be realized.

**The Couple’s Past**

Our office has often encountered couples whose applications were rejected due to the “past” of one of the partners, whether the Israeli or the foreign partner. While the authorities have the right to deny status to foreign nationals who pose a threat to the public, many times this right is overextended, targeting couples in cases that do not pose any danger to the Israeli public, either due to rehabilitation and statute of limitations or minor offenses.

Experienced legal representation will know how to assert the couple’s rights and recognize situations where the authorities overstep their authority, forcing them to reconsider, whether by appealing directly to the authorities or to the courts to protect your rights.

M & A have been a couple for about three years. A arrived in Israel from Russia, where he served a prison sentence over 30 years ago. The couple constitutes a family unit in Israel, raising M’s children together. The Ministry of Interior refused to process their application due to A’s past. Our office filed an appeal against the decision, as it contradicts the law and the principles of rehabilitation in criminal proceedings and statute of limitations, both in Israel and Russia. Following the appeal, the Ministry of Interior immediately reversed its decision and was ordered to pay legal expenses.

For further information, you are invited to watch Attorney Tomer Warsha’s lectures on the firm’s YouTube channel or hear recommendations from couples who have already completed the process here.

It is also worth noting that sometimes relationships hit rough patches and are no longer what they used to be. In situations where a couple is considering separation, the foreign partner may hesitate to break up, fearing the loss of their status in the country. Naturally, the situation becomes even more complicated when there are children involved.

In this context, it is important to remember that often it is possible to maintain legal status in Israel even after separation. We recommend consulting with our attorneys, who will guide you through the entire process and help maximize the chances of retaining status even after the relationship ends.

You can get more information in a recorded lecture by Attorney Warsha on regulating a partner’s status after separation, here.

If in doubt, contact the office for guidance and a case review.