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<\/span><\/h4>\nObtaining Israeli legal status after the passing of Israeli partners<\/h4>\n
For a foreign partner of an Israeli citizen to obtain legal status, he or she must meet many conditions set by the Interior Ministry concerning married couples<\/a> and common law couples<\/a>, who maintain a joint life under one roof. A foreign partner who meets the requirements may gradually obtain<\/a> permanent legal status. During this process, the foreign husband’s wife’s residence in Israel depends primarily on a continued relationship with the Israeli partner.<\/p>\nOne of the most complicated cases in this context is when the Israeli spouse passes away while the foreign spouse is still in the process of obtaining legal status. In addition to the tragedy and personal loss, legal questions arise regarding the widowed foreign spouse’s continued residence in Israel. Though their status initially derived from the relationship, in many cases the foreign spouse develops a connection to Israel, has common children who are Israeli citizens, finds a job, creates social connections, etc. Is it possible for them to stay in Israel on these grounds? To deal with this issue, the Interior Ministry has established a special procedure<\/a>.<\/p>\nThe legal procedure for foreign partners who were widowed while in the process of obtaining Israeli legal status<\/strong><\/h4>\nAfter reporting the death of the Israeli partner, the foreign widow widower undergoes an interview to evaluate his or her intention of staying in Israel. Following the interview, the gradual process is halted and a decision is made whether or not to transfer the case to an inter-ministry committee, comprised of representatives from government offices, the police and the Immigration Authority. The committee then sends a recommendation to the director of the Immigration Authority, who is authorized to permit a foreign partner to remain in Israel for humanitarian reasons (a broad term that depends on the circumstances of each case).<\/p>\n
Conditions for transferring the case to an inter-ministry humanitarian committee<\/strong><\/h4>\nIt would appear that the procedure only applies to couples who were married and who were in advanced stages of the gradual procedure. However, it is possible in some cases to deviate from the regulations, thus including common law couples<\/a>, or cases where other conditions set in the regulations are not met.<\/p>\nIf the couple has common children, the following conditions must be met: the Interior Ministry was convinced of the sincerity of the relationship<\/a> during the process; the foreign partner was granted a temporary residence visa during the gradual procedure; over half of the period of the gradual procedure has passed; and the children are in the custody of the foreign partner. Otherwise, the welfare authorities will be contacted to obtain information regarding the children.<\/p>\nIf the couple had no common children, the following conditions must be met: the Interior Ministry was convinced of the sincerity of the relationship during the process and no other doubts were raised in this regard; the foreign partner was granted a temporary residence visa via the gradual procedure; and over half of the period of the gradual procedure has passed. If these conditions are met, the foreign partner is invited to another interview to examine their connection to Israel versus their connection to their country of origin.<\/p>\n
Options for appealing Interior Ministry decisions<\/strong><\/h4>\nIf a decision is made not to transfer the case to the inter-ministry committee, an internal appeal may be filed within 21 days of the decision. If the case is transferred to the committee, and the request to stay in Israel is refused, an appeal<\/a> may be filed to the appellate court under the Entrance to Israel Law<\/a>. The foreign partner even has the right to an additional appeal, before the Administrative Affairs Court.<\/p>\n
One of the most complicated cases in this context is when the Israeli spouse passes away while the foreign spouse is still in the process of obtaining legal status. In addition to the tragedy and personal loss, legal questions arise regarding the widowed foreign spouse’s continued residence in Israel. Though their status initially derived from the relationship, in many cases the foreign spouse develops a connection to Israel, has common children who are Israeli citizens, finds a job, creates social connections, etc. Is it possible for them to stay in Israel on these grounds? To deal with this issue, the Interior Ministry has established a special procedure<\/a>.<\/p>\n After reporting the death of the Israeli partner, the foreign widow widower undergoes an interview to evaluate his or her intention of staying in Israel. Following the interview, the gradual process is halted and a decision is made whether or not to transfer the case to an inter-ministry committee, comprised of representatives from government offices, the police and the Immigration Authority. The committee then sends a recommendation to the director of the Immigration Authority, who is authorized to permit a foreign partner to remain in Israel for humanitarian reasons (a broad term that depends on the circumstances of each case).<\/p>\n It would appear that the procedure only applies to couples who were married and who were in advanced stages of the gradual procedure. However, it is possible in some cases to deviate from the regulations, thus including common law couples<\/a>, or cases where other conditions set in the regulations are not met.<\/p>\n If the couple has common children, the following conditions must be met: the Interior Ministry was convinced of the sincerity of the relationship<\/a> during the process; the foreign partner was granted a temporary residence visa during the gradual procedure; over half of the period of the gradual procedure has passed; and the children are in the custody of the foreign partner. Otherwise, the welfare authorities will be contacted to obtain information regarding the children.<\/p>\n If the couple had no common children, the following conditions must be met: the Interior Ministry was convinced of the sincerity of the relationship during the process and no other doubts were raised in this regard; the foreign partner was granted a temporary residence visa via the gradual procedure; and over half of the period of the gradual procedure has passed. If these conditions are met, the foreign partner is invited to another interview to examine their connection to Israel versus their connection to their country of origin.<\/p>\n If a decision is made not to transfer the case to the inter-ministry committee, an internal appeal may be filed within 21 days of the decision. If the case is transferred to the committee, and the request to stay in Israel is refused, an appeal<\/a> may be filed to the appellate court under the Entrance to Israel Law<\/a>. The foreign partner even has the right to an additional appeal, before the Administrative Affairs Court.<\/p>\nThe legal procedure for foreign partners who were widowed while in the process of obtaining Israeli legal status<\/strong><\/h4>\n
Conditions for transferring the case to an inter-ministry humanitarian committee<\/strong><\/h4>\n
Options for appealing Interior Ministry decisions<\/strong><\/h4>\n