The
Case:
An
Israeli citizen and his foreign girlfriend are interested in living in Israel
and regulating the status of his foreign girlfriend, since she is not
automatically entitled to any status in Israel, she is still subject to the
provisions of the "Procedure for granting status to Israeli spouses”
The
purpose of regulating the status of the foreign spouse in Israel is to enable
the spouses to have a normative, legitimate family unit in the State of Israel,
in which the Israeli citizen can stay with hisforeign spouse without any fear
and while living a normal and legal life together.
After
submitting the application and examining it - and assuming it has been approved
- the
representing
attorney will be able to begin the graded procedure in which the foreign spouse
will be given a residence and a work permit followed by a temporary residence
permit A5.
Guiding
rules that are important to remember
The
status of both spouses, the Israeli, and the foreigner, should be either, divorced,
widowed or single. If one of the spouses is married, an attorney will submit
the application in accordance with the provisions of section D (13) of the
Procedure for the Treatment of Israeli Spouses. After the spouse's present
valid marriage documents as required and a true marital relationship is proven
in the way the spouses run a joint household - the commencement of the graded
procedure will be approved.
In
the case of publicly known spouses who run a joint household, an application
can be submitted for a permit to enter Israel. It is important to note that the
mere issuance of an entry permit to Israel does not guarantee the receipt of an
entry permit for the graded procedure. Keep in mind that the sincerity of the
marital relationship is necessary to obtain the approval of the application.
If
the application has been approved and an entry permit has been received in
Israel, it is important at this stage to contact a professional attorney who
specializes in the field for further processing the immigration process.
?Why Is It So Important to Be Represented by an Immigration Professional
Attorney
In
immigration cases where the Israeli citizen has a foreign spouse, the Interior
Ministry would try to examine the sincerity of the relationship. The "honesty
of the relationship" test is an important and main test in the process of
examining the application, the honesty of the relationship will be proven by
bringing documents such as: joint accounts, family photos, common photos etc.
All the information needs to be gathered and submitted professionally to the
Interior Ministry. Once all documents and references that shows the sincerity
of the relationship are submitted, we move on to the personal interview. It is
important to understand that during the personal interview, the couple may be
asked intimate and personal questions - these questions may unfortunately serve
as a basis for rejecting the couple's request for status settlement. The
interview is a personal interview and is conducted for each spouse individually
and there are often discrepancies in each spouses' versions.
When
spouses are represented by a lawyer present in both interviews, his job is to
clarify the apparent contradictions and fight for the spouses in such a way
that no "clerical" or other mistake will be made during the
interview.
Once
the interview ended successfully, the attorney will move on to the next step:
the couple goes through the graded procedure and the foreign spouse receives a
B/1 visa that allows him to stay and work in Israel. After completing the
tests, the foreign spouse will receive a temporary A/5 resident visa for one
year and it will be renewed every year for four years. The couple will have to
come to the Interion Ministry once a year to renew the visa and present new
documents that support the continuation of their relationship. Once completing
the four years and assuming that they have passed successfully and without any
further difficulties, the spouses may apply for the citizenship of the foreign
spouse.
About:
Adv.
Shimrit Maor-Shoshan, was certified as an attorney in Israel on 2003 and
managed the MaorLaw Firm for a few years in the USA. Adv. Maor-Shoshan holds a
master’s degree from Nova Southeastern University in Florida and has been
certified as a mediator of the Supreme Court in Florida.
אין בתוכן דלעיל משום המלצה, חוות דעת משפטית או ייעוץ משפטי; כמו כן התוכן דלעיל אינו
מתיימר להיות מדויק ו'/או מקיף ו/או עדכני, והמסתמך על המידע עושה זאת באחריותו ועל
דעת עצמו בלבד.