The area of Regularization of Status attorney in Israel is a diverse and challenging area, requiring a great deal of familiarity with the various regulations of the Ministry of the Interior and the Population and Immigration authority, the law, case law and government resolutions – as each case can be handled differently, and an attorney that is well-versed in the possible ways to regularize status in Israel can provide many more tools and options for their clients.
The diverse scenarios in which foreign nationals are required to regularize their status in Israel include foreign partners of Israeli citizens who seek a permanent stay permit in Israel, foreign partners whose relationship with an Israeli citizen has ended (whether due to the Israeli partner’s death or for other reasons), new immigrants, individuals with the right under the Law of Return who wish to settle down in Israel, asylum seekers, elderly parents of Israeli citizens or soldiers who seek legal status in Israel, foreign workers in various fields, applicants with unique medical reasons, minors born in Israel to a foreign parent, or victims of human trafficking and slavery.
Regularization of Status Attorney in Israel
The Ministry of the Interior issued dedicated regulations for many of the cases outlined above. There are also similar regulations on other matters, in a manner which enables foreign nationals to regularize their status in Israel – whether as tourists, as foreign workers, as residents or as citizens.
In addition to the specific regulations, there is a “basket regulation” permitting the filing of an application for a humanitarian stay permit for any applicant that does not fall under the Population and Immigration Authority’s existing categories and regulations, but special humanitarian circumstances necessitate their stay in Israel nonetheless.
The State of Israel is not inclined to grant stay permits to foreign nationals, as the state has a Jewish character and its immigration policy does not encourage foreigners to settle in Israel. For that reason, most procedures are long and cumbersome, and no few applicants for status encounter difficulties through them, both due to language barriers and due to bureaucracy, the requirement for multiple documents and punctilious interviews – oftentimes culminating in decisions born of prejudice and not objective and to-the-point review.
Regularization of Status Attorney in Israel can assist applicants for status in the State of Israel by being familiar with the options that exist under the scope of the laws and regulations, while also being familiar with the various rights of applicants for status and being able to ensure these rights are granted in full.
Procedures required to regularize status in Israel
The type of procedure required for an applicant for status and its various stages depend on the circumstances and the type of application. Some procedures are more complex, and some are less so.
For example, an applicant for status under the Law of Return can expect a fairly simple procedure which includes filing an application with relevant documents proving – among other things – their Judaism, and the absence of anything barring them from settling down in Israel (such as a serious criminal conviction). Even in such cases, however, the applicant may encounter difficulties in proving their Judaism.
As opposed to that, a foreign national who is married to an Israeli citizen, or is in a relationship with one, and wishes to obtain permanent status in Israel can expect a longer and more complex procedure. The applicant will have to undergo a long process (lasting four or seven years, depending on the marital status) which begins with filing an application with the Population and Immigration Authority along with original, verified and translated documents from their home country. It is required to attach proof of the nature and authenticity of the relationship between the partners and proof of a center of life in Israel. Following that, the partners will undergo separate interviews examining how deeply they know each other, which include questions that may be invasive. The procedure shall only begin after all stages of the applications are passed – and at any point along the way, the partners may encounter difficulties with the Population Authority. Throughout the process, the foreign partner will receive a temporary stay permit which they will have to renew every year, and the relationship will be reviewed once annually, until a permanent stay permit – whether permanent residence or citizenship – is obtained (see further details on the procedure).
Another example which necessitates thorough familiarity with regulations and case law is the termination of a Graduated Procedure in case the relationship has ended. In such cases, the foreign national must arrive on their own, without the Israeli citizen by their side, and will be forced to struggle for status for themself and sometimes even for their children. There are conditions and requirements on this matter – and being familiar with these may make all the difference between obtaining status and deportation from Israel. An attorney who is familiar with this area and is well versed in it can guide the foreign national, examine the Graduated Procedure and prepare all the necessary documents before the application is filed, in order for said application to be reviewed with all due seriousness.
As a reminder, each applicant for permanent status in Israel must contend with a different regulation of the Population and Immigration Authority, and therefore can expect a different procedure, different documents to be required – and a different type of visa at the end of the process.
Rejection of applications to regularize status in Israel
The State of Israel, as you may remember, is a Jewish state, and it does not wish for foreigners to settle in its territory. When it receives applications for status, the Population and Immigration Authority is required to balance the Jewish character of the state, the personal circumstances of the applicant for status and the rights of the Israeli citizen who sometimes joins in on the application. Fairly often does the State’s ideology triumph over the personal circumstances – and sometimes this happens while infringing on the rights of the applicant for status and those of the Israeli citizen who joined in on the application, if one exists.
Filing the applications requires multiple documents – and failing to produce these may lead the procedure to fail in its entirety. Additionally, in applications for status that involve interviews, applicants may encounter trick questions that are difficult and confusing. Absence of familiarity with the procedure and with the rights one has during their interview, or the absence of accompaniment and representation, may also lead the procedure to fail. Additionally, in other cases, the Population and Immigration Authority may not deem the circumstances – even if they are difficult – as justifying a permit to stay in the State of Israel, or finds the evidence presented before it insufficient. Very often, the Authority’s decisions are incorrect, only take a small part of the considerations into account, do not follow case law, pile up unnecessary difficulties or are built on a procedure that was conducted unfairly.
An attorney for regularizing the status of a foreign national
Consulting an attorney for regularizing status in Israel is worthwhile in every step of the procedure – and the sooner one is consulted, the more optimally the procedure can be managed, dictating its course accordingly.
At the start of the procedure, an attorney for regularizing status in Israel can help in selecting the most appropriate procedure under which the application should be filed, guide the applicant regarding the documents that should be enclosed with it, make the same arguments recognized in case law as justifying the granting of status, and more.
During the procedure, an attorney for regularizing status in Israel can accompany the applicant to the interview with the Population and Immigration Authority, expedite the handling processes, protect the applicant’s rights – such as the right to be interviewed in the applicant’s language, the right to be treated fairly, to file applications and appeals and for discussion without prejudice.
Finally, contacting an attorney at the stage where an application is rejected can be helpful for the applicant for status in Israel, as the attorney can file an internal appeal with the Authority, file an appeal with the Court of Appeals, or even an administrative appeal if necessary. See the following link for elaboration regarding the importance of representation in an internal appeal.
The regularization of status in Israel is profoundly linked to fulfilling basic human rights including the right for family, for health and medical care, for dignity and life, for physical safety and other accompanying rights. An application like this cannot be treated lightly, and therefore it is recommended to enlist the aid of an attorney for regularizing status in Israel, who may increase its chances of success. I invite you to leave your details at the bottom of the page and receive a consultation call, with no obligation.
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