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Ramat Hen 2, Ramat Gan

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Q&A

We have compiled for you the most relevant questions and answers to which we are exposed in our daily work. If you have not received the answer to your questions, leave your details, and we will contact you soon.

Mixed spouses (married / publicly known)

Make an appointment to open the file at the Ministry of the Interior, i.e., submit documents. It is unnecessary to physically arrive at the Ministry of the Interior office to make an appointment. You can fill out an online form on the Population and Immigration Authority website or send an email/fax to the visa department of the relevant bureau (on the Population and Immigration Authority website, you can find the form and contact details of the visa department).

Mention the names of the spouses, the ID number of the Israeli, and the passport number of the foreigner. Make sure that the address in the Israeli ID card is the updated residential address. You should request in a return email the list of documents required for submission. You are not required to present any documents to make an appointment.

Depending on whether it is the type of documents required to open the case or not, but in principle, you must not give up the appointment. It is possible to submit only some of the documents, and a 45-day extension is given to complete all the rest. If the 45 days for completing the forms are not sufficient, another short extension is usually granted. But, if you think the 45 days will not be enough, it is better to postpone the appointment in the first place.

After submitting all the documents, a separate meeting will be scheduled for the interview. Each spouse will be interviewed individually, and both will be asked the same questions to check for a match in their answers. If the interview were successful, a decision would be made to grant a one-year visa.

The foreigner will be able to leave and enter Israel only if he has a valid visa (tourist, student, specialist worker, etc.) or an entry visa to Israel to which a separate application must be submitted and is granted automatically.

Humanitarian cases

There is no single definition of the term ‘humanitarian circumstance’, and there is no closed list of situations in which a visa will be issued for humanitarian reasons. Each case on its own, and it is worth consulting our office to examine the case and assess the chances of the application. Most often, difficult life circumstances, for example, the breakdown of a family unit / serious illness, are humanitarian circumstances that justify applying. The reason for applying must be proved using supporting documents; otherwise, the application may be rejected.

If it is decided to reject the application, then the rejection is done quickly and sometimes within a few days. If it is agreed that there is a justification for the request, it will be referred to the inter-ministerial committee for discussion, and then the time of wait for a decision can be extended to years. We do not recommend waiting that long, but instead, contact our office to pressure the Ministry of the Interior to decide on the case within a reasonable time.

If you have a valid visa when submitting the humanitarian application, the Ministry of the Interior is obliged to continue extending it until it decides on the humanitarian application. So it is imperative to submit the humanitarian application when the visa granted under the other procedure is still valid. Thus, no matter how long the humanitarian process takes, you will have a visa.

Certainly, it is possible to upgrade to an A / 5 type visa (temporary residency) that grants health and social rights, and even to permanent residency status after a 10-year stay in an A / 5 type visa.

Expert workers - foreign professional workers

Yes, first, applying for a foreign worker employment permit involves paying a fee, and second, an employer granted a foreign worker employment permit is required to pay an annual fee for a visa and a residence visit permit for work in Israel to be given to any foreign worker, based on the employer’s permit. Anyone seeking to employ a foreign worker for nursing care is exempt from paying an annual fee. You can find details of the updated fee amounts for each of the relevant employment industries on the Population and Immigration Authority website.

You must obtain the employment permit and license before the expert arrives in Israel. As a general rule, during the stay of the expert in Israel, no transition from a license of any kind to an “expert” type license will be approved.

As a rule, it is not allowed for an expert to transfer to work in another industry while staying in Israel.

Nursing caregivers - Nursing staff

The threshold conditions are all detailed in Procedure No. 5.3.0006 published on the Population and Immigration Authority website. You should read the procedure carefully to the end to meet all the threshold conditions.

Only if the patient is a ‘complex patient’ as defined in the procedure, i.e., has not yet reached compulsory retirement age and in addition is: entitled to a particular services allowance from the National Insurance Institute of at least 188%, or an IDF disabled person or a victim of hostilities who has been recognized as a nursing disabled person with a 100% exceptional degree of disability, or a disabled child who is entitled to a disabled child allowance from the National Insurance Institute at a rate of at least 188%, or someone whom the National Insurance Institute recognized as a nursing patient due to work injury, and was determined to be “completely dependent on the help of others in performing all day-to-day activities and actions.”

Decisions of rejection can be appealed to the Jerusalem Court of Appeals within 30 days from the decision date. We recommend that you consult with our office regarding the reasons for the rejection and the chances of appeal.

Original application form, an explanatory letter detailing the humanitarian circumstances for which the patient needs the approval of the specific employee’s employment, supporting documents, an opinion of a social worker/physician/nurse, according to which the humanitarian reasons exist, letter from the attending physician detailing the medical history and the updated medical and functional condition of the patient, a detailed and up-to-date functional ADL, confidentiality waiver form, and the foreign worker affidavit signed before an attorney.

Immigration and Citizenship - Law of Return

Yes, as long as it is a recognized Jewish community (preferably Orthodox) and proof of active membership in the community nine months before the conversion and nine months after it. To the immigration application, you must, of course, attach the conversion certificate (ruling of a recognized rabbinical court) as well as letters from the rabbi/head of the community / rabbinical court detailing the conversion process and the applicant’s activities in the community.

A grandchild of a Jew is not entitled under the Law of Return. He can obtain status in Israel (type A / 5 visa for three years and then permanent residency/citizenship) and only if he is a minor who comes to Israel as part of an immigrant family. As long as a Jew’s grandson immigrates to Israel under the Law of Return and arrives in Israel with his minor child (who is the Jew’s grandson), the status of the minor will be regulated. If you are a grandson of a Jew and have reached 18 years of age or are a minor seeking to come to Israel alone, you will not be able to settle your status in Israel.

A minor accompanying a parent who immigrates to Israel as eligible under the Law of Return will obtain status in Israel. In minors’ applications of children over the age of 15, you must provide proof that the minor is in the custody of the spouse at least two years before the application is submitted. After three years on a type A / 5 visa (temporary residence that grants all health and social rights), you can apply for citizenship.

Entry to Israel

Yes, but only by submitting an application in advance at the Ministry of the Interior office and obtaining permission to enter. In the case of someone who was refused entry at Ben-Gurion Airport (or any other border crossing), it is possible to wait five years from the date of the refusal, and then he will be able to enter without prior permission.

No, only citizens or permanent residents can invite foreigners to visit Israel. Only in exceptional and unique cases, a foreign nursing worker will be able to invite a relative of his to Israel through his employer if he proves that his absence from Israel will lead to a direct deterioration in the employer’s situation.

In the case of tourists entering the country without prior permission, the border inspectors at Ben-Gurion Airport have broad discretion, and they may refuse entry if there is a risk of settlement. You can file an immediate appeal against the refusal decision to the Tel Aviv Court of Appeals.

Paternity tests

If it is an Israeli mother and a foreign father, it is worth insisting before the Ministry of the Interior and requiring them to be satisfied with proof of the marital relationship before the parenthood to register the father. The evidence can be a marriage certificate, lease, joint bank account, joint photos, letters from acquaintances, correspondence, pregnancy and hospital documents, etc. If the mother is foreign and the father is Israeli, then his recognition will automatically give the child citizenship. Therefore, in these cases, it is often more effective and quick to conduct the test as required by the Ministry of the Interior than to fight against it, this is although, in principle, the requirement to terminate paternity in these cases should also be used as a last resort and only if sufficient evidence has not been submitted for a marital relationship before parenthood.

The procedure begins with filing a paternity suit in the Family Court and managing the claim there. After the judge decides the paternity test must be done, the mother, father, and minor perform it in one of the tissue testing laboratories to which they were referred in the decision. The hospital will send the test results to the court; after that, the court can make a ruling. The original paternity ruling is submitted to the Ministry of the Interior in order to register the paternity.

The conduct of the paternity examination procedure by an attorney will shorten its duration. A paternity procedure can be completed within two to three months at most.

Release from custody

In case of arrest, we recommend contacting an attorney immediately who will come to the detention center, talk to the detainee and request his release in the Custody Review Court. It is best to act quickly so as not to risk quick deportation.

Yes, you can appeal the decision of the Custody Review Tribunal to the Administrative Court (District Court).

According to the law, if the detainee is in custody for over 60 days without a deportation procedure and he cooperates, action can be taken for his release.

Refugees

A refugee is a person recognized by the Ministry of the Interior as a refugee and has been granted temporary residency (type A / 5 visa). An asylum seeker is a person that applied for asylum, and the decision on it has not yet been made.

Depends on what is written on his residence visa. We recommend consulting with our office before hiring and make sure that he can be legally employed.

 If new information came into your possession or new documents can be presented that have not yet been presented and may change the decision, you can submit a request for reconsideration to the Ministry of the Interior. In any other situation, you can appeal the decision to the Court of Appeals.

For more information contact us and we will be happy to assist with any questions.

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