HUMANITARIAN VISA
Permission to stay in Israel for humanitarian reasons
An application for humanitarian reasons is an open application and is not limited to specific definitions or laws. When it comes to a humanitarian application, the Minister of Internal Affairs has the discretion to examine each case on its own merits.
In cases where a foreign citizen does not meet any of the conditions listed in the procedures of the Ministry of Internal Affairs in relation to obtaining legal status in Israel, and the circumstances of his life do not fall into one of the definitions of the law, he may also be allowed to file a special and exceptional application.
The list of reasons for which a “humanitarian application” may be filed is an open list, taking into account issues such as the rights to receive a visa, the period of time for which it is possible to issue a visa, the requirements of providing the necessary evidence, on a case-by-case basis.
The Ministry of Internal Affairs acknowledges the fact that there may be cases when it is fair to grant legal status in Israel to a person who does not meet the criteria established by law.
The application is submitted to the Inter-Ministerial Committee dealing with issues related to the determination and granting of legal status in Israel for humanitarian reasons; each month, more than 20 different humanitarian cases are examined by the Committee.
If the Inter-Ministerial Committee decides to deny the petition, it is not the final decision yet and it may be appealed. In many cases, the courts take part in the examination, after which the decision of the Inter-Ministerial Committee may change as each case is examined individually.
In Detail’s
The specialists of our firm assist clients who have been denied the status application in Israel or who are interested in properly filing an application with the assistance of a lawyer. It should be noted that turning to a lawyer can save a lot of effort and can help avoid much trouble, resulting in a significant difference between success and failure.
Among the petitions that fall under the definition of humanitarian reasons, the following can be mentioned:
Family reunification
In fact, family reunification is a process in which Israeli citizens are interested in reuniting in Israel with their foreign family members residing abroad and who are not eligible for repatriation or acquisition of citizenship in Israel.
An application for family reunification can be filed for various reasons, such as parents and children (including adopted children), reunion with members of the nuclear family – grandparents, brothers and sisters, etc.
The Ministry of Internal Affairs examines applications for family reunification individually, on a case-to-case basis.
The A.I law firm of Avraham Israilov assists its clients who file an application during their stay in Israel, as well as those outside Israel.
It is important to note that even if your petition for family reunification is denied, you have the opportunity to appeal the decision of the Ministry of Internal Affairs within 30 days.
Status for elderly parents of Israeli citizens
If an elderly and single parent of an Israeli citizen (who is not entitled to legal status in Israel) resides abroad and wishes to come and live with his child in Israel, to spend the rest of his days with him, such application for obtaining status in Israel can be filed.
In accordance with the procedures of the Ministry of Internal Affairs, when the invitee is in Israel, the presence of both the inviting party and the invitee is required at the time of the application. While if the invitee is abroad, just the inviting party’s presence at the Population Authority at his place of residence is mandatory.
It is important to apply for obtaining legal status in Israel, to obtain and extend the tourist status, before the decision on the main application is made, so as not to violate the conditions of stay.
In the case of an elderly parent’s application, there are some threshold conditions that the applicant must comply with; otherwise, the application will be rejected without any substantive consideration.
Parents of a soldier
For cases in which Israeli soldiers serve in the army and their foreign parents live abroad, the State of Israel has approved procedures that allow foreign parents to live with their children in Israel and provide their children direct support and assistance.
“The procedure for granting status to the parents of soldiers” is designed to provide status to the parents of a soldier who is an Israeli citizen.
If a soldier meets the criteria, his parents will be granted permission to enter Israel with a B2 visa for up to 3 months.
Upon the arrival of parents in Israel, an application for temporary status of A5 type is submitted for a one-year period, after which it can be renewed for a two-year period and the total period of stay in this status will be 4 years.
The residence permit is renewed every two years, in accordance with the application terms and the terms for consideration of the application. The Ministry of Internal Affairs will review the so-called “centre of life” of the soldier and his parents, will verify if the communication between the soldier and his parents is being maintained, as well as will carry out additional checks if needed.
After 4 years of A5 status, parents will receive permanent resident status, if they submit the application accordingly.
The procedure helps to alleviate the welfare of soldiers by providing an opportunity to receive support and assistance from their parents in Israel. Our firm helps soldiers’ parents apply for status in Israel and provides direct assistance at all stages of the application review process and, if necessary, resorts to the courts to review the decision taken by the Ministry of Internal Affairs.
Receiving medical treatment in Israel
Israel offers advanced and innovative medicine, and there is an opportunity to come to Israel to receive an early high-quality medical assistance.
To obtain a visa for the purpose of medical tourism, it is required to submit a corresponding detailed application attaching all the relevant documents.
The main centers for medical tourism in Israel are the Rambam Medical Center in Haifa, the Laniado Medical Center in Netanya, the Rabin Medical Center in Petah Tikva, the Assaf Harofeh Medical Center in Tzrifin, the Chaim Sheba Medical Center at Tel HaShomer, the Ichilov Medical Center in Tel-Aviv, as well as the Hadassah Medical Center in Jerusalem and others.
Our firm provides assistance in applying for a visa in order to undergo medical treatment in Israel, as well as to obtain legal status and permission to enter Israel in advance.
Status settlement of a widowed and/or divorced foreign citizen whose spouse was an Israeli citizen
In cases where the step-by-step procedure is not yet completed and the Israeli spouse dies before the status of his foreign spouse is established, or if the relationship breaks up and the spouses split apart before the foreign spouse obtains citizenship in Israel, in such cases the Ministry of Internal Affairs usually stops the procedure and the foreign spouse is forced to leave Israel as the continuation of the process to obtain the status becomes impossible.
In this case, the foreign spouse has the right to submit a humanitarian application to the Inter-Ministerial Committee, asking for Israeli citizenship, since his expulsion may cause him serious and irreversible damage.
It should be noted that the decision of the Inter-Ministerial Committee is not final, and if it is not satisfactory, it is possible to appeal to the courts in order to review the decision of the Ministry of Internal Affairs based on the initial application submitted by the foreign spouse.
Humanitarian visa for a foreign parent of an Israeli citizen, who is a minor
A foreign parent of an Israeli child does not automatically receive the right of residence or citizenship in Israel, on the basis of the fact that he is the parent of an Israeli citizen. This also applies to foreign nationals residing in Israel without their spouse who is an Israeli citizen, in the situation where there is a minor, one of whose parents is an Israeli citizen.
It is considered to be a serious offence, because if a foreign parent is deported, it will harm both the minor and his foreign parent.
The law firm of Avraham Israilov understands the sensitivity of the issue and the need for family integrity. A foreign parent has the right to fight and appeal to the courts. The courts understand the far-reaching nature of the problems arising from the procedures of the Ministry of Internal Affairs; moreover, judicial decisions have resolved a large number of cases where the parent was allowed to stay for a long period of time and even received a residence permit.
Being represented by a lawyer specializing in visa, immigration and status settlement issues in Israel can result in a significant difference between success and rejection of the application.
It should be remembered that a humanitarian application is an open application, which may include issues such as serious illness, danger to life, family separation and other exceptional circumstances.
The decision of the Ministry of Internal Affairs is not a final one and the doors of the courts are always open to the applicant.
Our firm offers a wide range of creative solutions concerning all the relevant aspects of status settlement in Israel; legal advice to the firm’s clients is also provided in additional relevant areas.
The law firm of Avraham Israilov provides advice, planning and assistance in a wide range of areas related to the status settlement and citizenship in Israel.