דור פנק - דנה מגדסי משרד עורכי דין

immigration to israel - information about Visa upon relation with israeli spouse

ראשי >Freindship visa upon relation with israeli spouse

 



Visa and working permits' in Israel - immigration to israel
 

immigration to israel and immigration law

Israel immigration policy is very strict.

If you are not Jewish (yourself, your parents or your grandparents), married to a Jew or an Israeli citizen / resident, it will be almost impossible for you to obtain an Israeli citizenship.
 Israel does not have “Immigration laws” but there are three main laws that have direct influence on immigration policy in Israel;

The law of return (relevant only if you are Jewish or a son or grandson of a Jewish person).

The citizenship law.

The entry in to Israel law.
 At the last 10-15 years there have been great changes at Israel government comprehension of the lack of law concerning immigration problems
 At the middle of the 90's Israel ministry of interior, decided to start issuing working permit's in the field of caregivers, in order to find a solution for disable Israeli citizen that needed care 24/7 and cannot get help like that from an Israeli citizen (Whether because Israelis employees didn’t want to work 24/7 as caregivers or because the employers could not afford hiring an Israelis for so many hours).
Every year the Israeli government approved hundreds foreign workers, (mostly from Philippine but also from India, Nepal and ect') to come to Israel with a ready visa in order to take care of disable Israeli citizens which were holding a legal working permit allowing them to employ foreign caregiver.
Although Israel has a minimum wage law, these workers, most of the time were getting (and still do) less then minimum for working almost 24hr a day. The visa of the caregiver was with the employer name and he was totally depended on the employer. In many cases the employer needed 24 hour taking care, so the worker didn’t go to his/her weekly vacation.

Some employers were less fair then others, and caregivers were starting to leave employers and were looking for a new job.

Because the foreign worker came to Israel with a care giving visa, he could look for a job only as a caregiver.
For every working permit an Israeli holds, he can invite a caregiver from abroad or take a worker that is already in Israel.

The man power agencies in Israel would get much more money, as a commission, if they bring a new caregiver from abroad and did not have any incentive finding to an unsatisfied worker, in Israel, a new job and rather bring a new employee from abroad.

This situation started a snow ball.

 Workers that paid about 4000$-5000$ to come and work in Israel could not find a job because the government gave more and more permeates for Israelis to hire a caregiver and more and more new foreigners came to Israel. Some of them were leaving the employer or in case that the employer passed away, they had a hard time finding a new employer.
Since 2009 the Israeli government understood the situation and made some changes in the laws for foreigner employment, allowing only a licensed men power agencies to deal with finding a job for a foreigner and allowing only a special licensed agency to take care of ordering a new foreign worker from abroad.

These new regulations helped just a little, to control the rising unemployment among the foreign caregivers.

In time, many caregivers that could not find a job as care givers, found a job as housekeeping working without a visa. Sometimes, because these foreigners were not legal, they were afraid to leave the house of the employer (because there were afraid from being arrested for being not legal) and worked 24/7 with no vacation.

Most of the caregivers that came to work in Israel are young healthy people so the unavoidable happened - they met an Israeli guy and fall in love.
 

Friendship visa – visa upon relation with Israeli spouse
 
 From 2005 the ministry on interior in Israel recognized the right of an Israeli to live with a foreigner without marriage and by doing that, the foreigner could receive an Israeli working visa upon this relationship with an Israeli citizen ("friendship visa").
The working visa upon "friendship" is an unrestricted b/1 visa, so the foreigner didn’t have to work as a care giver.
 Up to 2008 the ministry of interior, insisted that if the foreigner were not legal in Israel (which was in most cases) as a condition for him to apply for a visa upon a relationship with an Israeli, he had to leave Israel and only after he left the Israeli spouse had the right to invite him back to Israel, after applying all necessary documents to the Israeli ministry of interior.
Because the foreigner was worried he/she could not come back to Israel after he will leave, because he overstayed his/her visa (panek-magdassi law office have brought many foreigners of Israeli couple back to Israel after many years they have been not legal and sometimes after they have been deported from Israel by immigration authorities) many couples didn’t apply  to the ministry of interior to do so and just continuo living together as the foreigner stayed in Israel without visa and were not legal.
At 2006 the Supreme Court in Israel ruled that the ministry of interior demand from an illegal foreigner to leave Israel, as a condition to apply for a visa with an Israeli spouse, is not fair and not proportional, and canceled this demand.
With the cancelation of this demand, many foreigners started applying for the visa upon relations with an Israeli; most of them were not legal for many years.
Because of many applications for this kind, the ministry of interior started to be more tough with handling the applications and with the checks they do for each couple, till a point they started to reject most of these visas even if the couple were leaving together for many years.
Moreover, if till 2009 the Marital Status of the foreigner did not have any influence and did not take part in the conditions for the visa, after 2009 the ministry of interior start demanding that the marital status of both Israeli and the foreigner will be available (single, divorce or a widow).
nek-Magdassi law office believes that this change made manly to lessen the number of couples that match the demands of this visa.
We have to remember, that the foreigners are away from home some time for more than 10 years. Sometimes, at this time the relations with the spouse back home do not continue even if they are still formally married. Sometimes the foreigner came to work in Israel because of a bad relation at home and the desire to be far away from the spouse.
That is why, a lot of foreigners, although they are married in their country, will have a true relations with an Israeli. This relation will be monogamy because there is no relation with the husband/wife abroad.
Today, it is possible for a foreigner to obtain a visa in Israel upon relations with an Israeli, even if the foreigner is still married abroad but it is not as easy as it was in the past and it is very important to be accompanied by a good and honest immigration lawyer.
Our law office has accompanied more than 100 couples in this procedure since 2004 even in the most difficult cases.
We took care and helped many couples to live in Israel and get a working visa in Israel even in the most complicated cases such as:
 
  • Illegal entry to Israel
  • Problematic marital status (no divorce in the Philippines) or (the former Israeli spouse is not granting the divorce for the Israeli)
  • Age difference
We do recommend coming for a personal consulting appointment so we can study your personal case and recommend what is the best and fast solution for you.
 

We will be glad to help you and your spouse in the same professional service all our past client have received , For more details we recommend to contact us at 03-5167711 or you can send Email to panek_dk@netvision.net.il