FAQ
Regulation of status for marriage
You’ll need official documents from the country of origin and at the same time additional evidence supporting your claim of an honest marital relationship as well as evidence supporting the claim that your life is based in Israel and not anywhere abroad.
The graduated process ends either with naturalization of the foreign spouse or with him receiving the permit for a permanent residence after a period of approximately 4.5 years. That is if there are no other circumstances (such as the honest nature of the relationship) that can impede the entire process.
In general, children under the age of 18 are allowed to be included in the application request as accompanying minors (subject to the approval of the other parent). However, there is a difference between a child under the age of 15 – and a kid aged 15 or older.
Generally, the Israeli citizen has to invite the spouse living abroad before he arrives in Israel and then they have 30 days to submit a request for legal status at the most adjacent office of the Administration of Border Crossings, Population and Immigration. If you and your spouse are staying abroad, you should contact the Israeli embassy in your country and apply for a visa. You should know that there are ways to facilitate and expedite the entire procedure. For more information give us a call today and we’ll schedule a preliminary consultation meeting as soon as possible.
Releases from detention and voluntary leave
If your country has an embassy in Israel, please contact the staff and they will issue you the suitable documents you need. If your country does not have an embassy in Israel and/or it does not conduct diplomatic relations with Israel, it will obviously make things more complicated. In such cases the state might try deporting you using Israeli travel documents but because those are not accepted in all countries, you can still obtain legal status if you seek the advice of an expert attorney.
In general, the law states that a person can be detained for no longer than 60 days if he collaborates with the authorities and if there is no active deportation process pending against him. For further information and legal advice throughout the entire process make sure you contact us as soon as possible.
Refugees and Asylum Seekers
In 1951, Israel became a signatory of the Refugee Convention, according to which the refugee is any person “situated outside of his country of his nationality owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, and is unable or unwilling to avail himself of the protection of that country”.
Throughout the years we have witnessed the formulation of more specific definitions as to the nature of “Persecution” or a “Well-founded fear” and so on. In order to make sure your personal story makes you eligible for such recognition, you should seek legal advice from an expert attorney who will help you avoid unnecessary trouble by submitting false applications that won’t even be reviewed by the appropriate decision makers.
In order to recieve refugee status in Israel you have to submit an asylum application (The Refugee Status Determination Application) to the refugee’s department at the Ministry of Interior. Following the submission, the applicant will undergo an in-depth personal interview to verifytheir credibility and reliability. We are talking about a lengthy and complex process and the applicants have the right to be represented by a lawyer that will make sure that their rights are observed throughout the entire procedure.
An asylum seeker is every person who submitted an application for political asylum in Israel and has not yet received any response. As we have mentioned, this procedure can take time and so until a decision in his case is made – an asylum seeker will be protected from deportation back to his country of origin. The asylum seeker is also eligible for a staying permit and thus they are also protected from arrest. However, asylum seekers are not eligible for social security, national health insurance and other social benefits.
In the past asylum seekers staying in Israel had received a “B/1” type visa which allowed them to both stay and work in Israel. Nevertheless, in recent years asylum seekers have been issued another type of visa which isn’t valid as work permits. However, state authorities promised the Supreme Court that this ban will not be enforced on both asylum seekers and their employers. It has also been agreed that if and when the state authorities decide to change this policy – they will provide a notice in advance. Pursuant to this commitment, asylum seekers are allowed to work in Israel and they can be employed. In case you have any doubt, don’t hesitate to contact a law firm who specializes in this area of practice.
The regulations set forth by the Interior Ministry allow foreign spouses (who are not Israeli citizens) of asylum seekers, and who have known each other before they entered Israel to receive the same protection their spouses receive. Hence, they are protected from both deportation and arrest until a decision in their spouse’s case is made. If an asylum seeker’s spouse is suddenly required to leave the country, it is highly recommended to contact our law firm in order to receive legal advice that will prevent any forced separation in advance.
The Interior Ministry’s decisions tregarding applications of asylum seekers are subject to an appeal that can be filed within 30 days to the district court. To draft an appeal that has a higher chance of being accepted, you are advised to seek legal counsel from a lawyer who knows the law in its entirety and is also familiar with the legal precedents you that can be used to your advantage.
Under Amendment No. 4 stipulated to the Entry to Israel law, a detention facility called HOLOT had been established. The people inside the facility, situated 40 KM south of Beer-Sheva, are required to stay inside the facility during most of the day, they are not allowed to work and have to go through a head count several times a day. When the facility first opened its gates, the state began to summon people who entered Israel without a valid passport, whether they sought political asylum in Israel or not. The same amendment did not mention the exact period of time a person can be detained in HOLOT and so recently the Supreme Court ordered this amendment to be repealed.
The government is currently drafting a new law which will take into account the remarks made by the Supreme Court and so it seems that the State of Israel is getting ready to resume the practice of summoning people to the detention facility. If you are summoned to the HOLOT facility make sure you get an expert attorney to represent you in order to annul the summon order because if you get one and fail to arrive, your permit will not be renewed and you might be arrested on charges of illegal stay in Israel.
Humanitarian Grounds
The State of Israel has established a special committee (An Inter-Ministerial committee), whose role is to determine of there are exceptional humanitarian grounds for approving a status application. In order for such a request for legal status in Israel to be granted, it should be based on special reasons justifying such an approval.
Technically speaking – The application has to be submitted to the most adjacent office of the Administration of Border Crossings, Population and Immigration (depending on your city of residence) together with a detailed explanation specifying the circumstances of your particular case – and documents supporting your claim of the alleged humanitarian situation you are facing – justifying the approval of your request. However, the Ministry of Interior is authorized to deny such requests and doesn’t hesitate to do so – Hence, the importance of going through a lawyer that will help you draft an application that will have a bigger chance of being accepted.
The list of Humanitarian reasons can include an incurable disease, difficult life circumstances, family reunification and many more. You have to know that this is not a closed and finalized list and so you should consult with an expert attorney who specializes in this area of practice and is familiar with all relevant precedents that will help him determine whether your request stands a chance of being granted.
In most cases, getting a response is something that will take time because the application has to be discussed and examined by various individuals – both at the Administration of Border Crossings, Population and Immigration and the Inter-Ministerial Committee. In addition, during the examination period, the applicant may be required to attend an interview at the Administration of Border Crossings, Population and Immigration’s office in which the request was submitted in the first place.
If the applicant held a valid visa at the time he submitted the application based on humanitarian grounds, his permit will be extended from time to time until a decision is published.
Yes. If your application has been rejected you can appeal the decision made by the Ministry of the Interior –The content of the appeal depends on the reasons behind the rejection, and it is important to identity of the person who made the decision – and the phase during which your request has been denied.
It is very important to note that appeals may be submitted within a very limited and short period of time and so if your request was denied, contact us and consult with an expert attorney as soon as possible.
Falash Mura
You should contact the Interior Ministry and submit a request in accordance with the usual procedure in such cases. If you’ve already filed an application, and you want to make sure that the application includes all the essential details to ensure the successful completion of the process you should seek legal advice from a law firm that specializes in that field of expertise.
Absolutely. Such decisions are never the end of story because you can always turn to court and ask the judges to examine the reasonableness of the decision made by the Interior Ministry.
No. The Falash Mura descendants are not entitled to immigration under the Law of Return because their ancestors have decided to convert to Christianity. However, since 1993 The State of Israel allows a limited number of Falash Mura descendants to join their families in Israel. The decisions made in Falash Mura related cases are based on separate Israeli law from 1952 that regulates the immigration of non-Jewish individuals.
before 2001 Falash Mura descendants who arrived in Israel and converted to Judaism were subjected to The Law of Return and so their Non-Jewish wife and kids were granted entry to Israel. However, in 2001 the law was change by then Attorney General, Mr. Elyakim Rubinstein. However, you will probably still be able to bring your family to Israel because you have the 1952 Entry to Israel law which serves as a Humanitarian tool for family reunification.
The right of the Falash Mura community members’ to immigrate to Israel is subject to numerous government decisions and the specific conditions stipulated in them. In general, it was determined that only descendants of Ethiopian Jews (only by their mother’s family line)
who have expressed a desire to convert to Judaism will be allowed to enter the country and try and find their place among the Jewish people.
The burden of proof is carried by the applicant who has to prove that his mother belongs to the Falash Mura community. The information presented by the applicant is thoroughly examined by the Ministry of the Interior on an individual basis through the so called “immigration investigations”, carried out by representatives of the Ministry at the applicant’s community city of residence.
In July 2013 the Minister of the Interior has ordered the establishment of an Exceptions Committee that will provide him with recommendations as to the further treatment of Falash Mura community members who remained in Ethiopia and their request to enter Israel has been denied. The committee has to examine exceptional cases that deserve exceptional treatment – such as family members that remained in Ethiopia. The deadline submission date was 31/03/2014 and yet recently it has been reported that the committee will continue to preside over similar cases.
Couples
A resounding YES. Every Israeli citizen is entitled to have their spouse receive legal status in Israel even without being married – that is what the common-law marriage arrangement was set in motion for. However, in order to in fact receive this legal status, the spouse is ought to get through a rigorous step-by-step process which as to be completed in a very delicate manner because there is simply no room for error. This is why it is highly recommended to seek legal counsel and advice from an expert attorney who knows how to get things done while at the same time avoiding unnecessary complications.
In general, if a couple can indeed prove that they have been maintaining a personal and intimate relationship, there shouldn’t be a problem to obtain legal status even if the spouse is staying in Israel without a proper visa. Moreover, even if your spouse had been arrested and accused of staying in Israel illegally, the decision can be rescinded and he can be released and obtain legal status.
It is worth noting that in similar cases, the Ministry of Interior is quite likely to be stringent and make a decision based on irrelevant considerations. Therefore, the initial involvement of an expert attorney who specializes in this field can save you a lot of trouble and will help you make sure you are on the right track.
According to the Israeli law, Jews cannot marry non-Jews in Israel. However, you still have a few options left: First, the couple can fly out to Cyprus and perform civil marriage proceedings. However, often times couples who choose to do that face a problem because if one of them is staying in Israel illegally (without a proper permit), he might find it hard to return.
In such a case, the couple can also perform what has become known as “The Paraguayan Marriage” in which only the Israeli citizen leaves the country to get married and his spouse stays in Israel. The marriage is valid but very expensive..
There is also a third option in which a wedding is carried out abroad without having any of the spouses present, but those are accepted by the Ministry of Interior in a rather limited fashion. Usually, there is a better way which allows the couple to both obtain the non-Israeli citizen a visa and at the same time allow them to leave the country, get married and come back safely. For more information – contact us today.
The truth is that it is better late than never. As long as your spouse is staying in Israel illegally but he hasn’t been detained by law enforcement agencies, it is still possible to turn things around and obtain the legal status without any significant complications. Obviously, this is something that should be done as quickly as possible in order to reduce the chance of getting caught or being arrested
The problem with such a permit is that when based on an asylum request, the permit is only temporary (depending on the specific asylum process) and may be revoked at any time – leaving your spouse without a valid legal status. If you approach the Ministry of Interior only after the asylum permit has been revoked, it is likely that the decision makers will assume that you decided to do so just to keep your spouse from being deported – and not because you maintain an honest relationship.
Furthermore, a permit provided to an asylum seeker grants some very basic and limited rights in comparison to a permit provided to a spouse. The latter is obviously a lot better because it provides your spouse with the opportunity to work and later it can also serve as a resident visa which in turn can become a standard Israeli ID (Teudat Zehut) in time. Hence, you should always strive and aim to get legal status based on the basis of a personal relationship and not settle for an asylum visa.