We keep our fingers crossed that this will never happen to you, but it is important to know what will become of the foreign spouse in case of a breakup.
Preliminary Note – This article addresses cases of standard separation or divorce between spouses. In separation cases resulting from a violent Israeli spouse or death of the Israeli spouse, other rules will apply, and this will be discussed in a separate article.
The first step – closing the mutual file
Relationships are an emotional matter. More than once, couples decide to separate impulsively, and the next day, out of a sense of anger, they rush to notify the Ministry of the Interior on the matter of separation. A week later, they are back together, and the quarrel’s reason is long forgotten, but the damage in the Interior Ministry has already been done. The notification given will have consequences, and it won’t be easy to restore the Ministry of the Interior’s trust in you. Therefore, do not act recklessly and notify the Ministry of Interior of a breakup unless you know it is final and absolute.
After updating the Ministry of the Interior regarding the separation or divorce, the Ministry of the Interior is obliged to invite you for an interview within 45 days from the moment of notification (you can request to attend separate interviews if you do not wish to attend together).
Please note that the foreign spouse must not be denied the visa he holds, and if it expires, the Ministry of the Interior must extend it until after the interview, following which a decision will be made to close the case.
Following the decision to close the case, the visa will be revoked, and the foreign spouse will be required to leave Israel within 14 days.
If the foreign spouse does not show up for the interview, the Ministry of the Interior will cancel their visa and send them a letter instructing them to leave within 14 days.
The second step – Continued stay in Israel
The fast track to continue the stay in Israel is only relevant for foreign spouses that hold a type A / 5 visa for more than two years and have shared children with the Israeli spouse, with whom they have a steady relationship (regardless of whether they are married or publicly known couples).
Suppose your foreign spouse holds a type A / 5 visa for more than two years, and you two have shared children with whom they maintain a steady relationship. In that case, the foreign spouse can submit to the Ministry of the Interior an opinion from a social worker stating that leaving Israel will significantly harm his children and apply for an extension of his residence visa for humanitarian reasons.
Upon submitting the opinion, the Ministry of the Interior must continue to extend the existing visa until a decision is made, so we recommend submitting the opinion even before the cancellation of the existing visa for it to be automatically extended.
The application will be forwarded to the Ministry of the Interior, and if the foreign spouse meets the criteria (more than two years with a type A / 5 visa and an opinion regarding the children), the visa will be extended for humanitarian reasons. The extension will be carried out once a year at the Ministry of the Interior based on an up-to-date inspection, which will prove the continued relationship with the children.
Permanent residency can only be granted after ten years of stay in a type A / 5 visa unless exceptional circumstances have been proven that justify upgrading the status earlier.
What about the rest?
In cases where the foreign spouse does not meet the above criteria (does not hold an A / 5 visa for more than two years, or does not have shared children, or both), he must submit a detailed humanitarian application listing the circumstances for a continued stay in Israel. The Interior Ministry has absolute discretion whether to grant it or reject it.
Here too, upon the application submission, the Ministry of the Interior must continue to extend the existing visa until a decision is made. You should submit the humanitarian application before the cancellation of the existing visa for it to be automatically extended.
If the Ministry of the Interior decides to approve the request, it will extend the visa for humanitarian reasons. Here, too, the extension will be carried out once a year at the Ministry of the Interior based on an up-to-date examination of humanitarian circumstances.
Here, too, you will be able to obtain permanent residency only after ten years of residence in a type A / 5 visa, unless exceptional circumstances have been proven that justify upgrading the status earlier.
There were options available to the foreign spouse who wishes to remain in Israel even after separation or divorce.
Separation from a partner is not an easy thing per se, and when accompanied by another confrontation in the Ministry of the Interior, one that seals fates, the situation is much more difficult. Hopefully, you will not need it, but if you have separated, we recommend that you seek the help of an attorney to create a smooth transition between the marital and humanitarian procedure and maximize the chances of staying in the country.
Best of luck!
This article was written by Adv. Tal Sahar – an expert on status regulation in Israel.
