Humanitarian Visa in Israel -

A humanitarian visa in Israel is one of the legal solutions allowing foreigners to stay in Israel when they don't meet the regular criteria for status, but special circumstances justify their stay in the country. The process of obtaining humanitarian status is particularly important for foreign caregivers in the nursing sector, partners of Israelis in complex situations, and foreign parents of Israeli children. In this article, we will review the relevant population groups for receiving humanitarian visas and examine who may be eligible for this special status.

What is a Humanitarian Visa and Who is it For?

Legal Definition of a Humanitarian Visa

A humanitarian visa is essentially a residence permit granted for special humanitarian reasons, under the authority given to the Minister of Interior in the Entry to Israel Law. Section 3A of the law specifically refers to the possibility of extending permits for foreign workers for exceptional humanitarian reasons related to the nursing care recipient. However, in practice, this legal framework serves as a basis for granting status in a wide range of exceptional cases not covered by regular procedures.

A humanitarian visa is granted as an ex gratia status, as determined by the Supreme Court ruling (AAM 1692/11 Letisia Orla v. State of Israel). This means that the applicant has no inherent right to receive the status, but rather it is a benefit granted in cases where state authorities are convinced that there are substantial humanitarian considerations that justify it.

Main Situations Where a Humanitarian Visa Can Be Obtained

Humanitarian criteria for obtaining status include several key categories:

Foreign Workers in the Nursing Field

A humanitarian visa in nursing care is one of the most common cases. It is designed to allow continued employment of a foreign nursing worker beyond the permitted period of 63 months, when special humanitarian reasons related to the nursing care recipient exist.

These are situations where a special dependency has developed between the patient and a specific foreign caregiver, and changing the caregiver could cause significant harm to the patient's condition. Often these are particularly complex patients, or those whom the foreign caregiver has treated for a long period and has developed a deep familiarity with their special needs.

The law particularly recognizes cases of young patients (below retirement age) with severe nursing disabilities, such as disabled children, IDF disabled veterans with 100% special disability, or recipients of special services allowance of 188%. In these cases, permit extensions may be approved in nursing even after 13 years from the worker's entry into Israel.

Foreign Partners in Exceptional Circumstances

This category includes foreign partners of Israeli citizens who found themselves in special circumstances that interrupted the regular family unification process:

Widows/Widowers of Israeli Citizens

Foreigners who were in a graduated process to obtain status in Israel, but the Israeli spouse died before completing the process.

In these cases, especially when there are joint children who are Israeli citizens, the committee may recommend continuing to grant status to the foreign widow/widower.

Divorce in Circumstances of Domestic Violence

Cases where a foreign spouse was forced to leave the relationship with the Israeli spouse due to violence, resulting in the interruption of their naturalization process. In such cases, the committee may recommend granting separate temporary status to the foreign spouse.

3. Foreign Parents of Israeli Children

In situations where an Israeli child is highly dependent on the foreign parent, and deporting the foreign parent would cause substantial harm to the child's welfare, the Humanitarian Committee

may recommend granting status to the foreign parent. This is especially in cases where:

• The other Israeli parent is deceased or non-functional

• The child is in the custody of the foreign parent

• The child suffers from a special medical condition requiring care from the foreign parent

4. Foreign Minors in Special Circumstances

This category includes several unique cases:

• Foreign minors who grew up in Israel - children who were brought to Israel at a young age, studied in the Israeli education system, and have their center of life in Israel. In these cases, especially when the minor does not know the language of the country of origin and has no significant connections there, the committee may consider granting status.

• Minors with special medical conditions - children who need life-saving or significant medical treatment that is not available in their country of origin.

• Minors at risk in their country of origin - cases where there is a real danger to the minor in the country of origin, such as the threat of female genital mutilation, persecution on religious or ethnic grounds, or other danger to their well-being.

5. Medical Cases and Special Risk

There are cases where a foreigner's medical condition forms the basis for a humanitarian request:

• Patients with serious diseases who need life-saving or essential medical treatment not available in their country of origin

• Foreigners who were severely injured in Israel (for example in an accident or terrorist attack) and need continued treatment and rehabilitation

• People suffering from a complex medical condition where leaving Israel would cause a significant deterioration in their condition

The Humanitarian Committee in the Ministry of Interior - The Body Handling Applications

The Interministerial Humanitarian Committee is the professional body responsible for examining applications for status on special humanitarian grounds. The committee operates under Ministry of Interior procedure number 5.2.0022, which regulates the process of submitting an application to the Humanitarian Committee.

The committee's composition includes representatives from various government ministries, including representatives from the Ministry of Foreign Affairs, Health, Welfare, Israel Police, and the Liaison Bureau (Nativ). This structure is designed to allow a comprehensive examination of the special circumstances in each application, weighing medical, social, security, and policy considerations.

For more details on how the committee works and the application process, look for the guide to submitting a humanitarian visa application on the website.

Guiding Criteria in Humanitarian Committee Decisions

Although there is no closed list of humanitarian criteria, case law and practice show that the committee considers several key factors:

1. Center of Life in Israel

The applicant must prove that their center of life is in Israel and not in their country of origin. Proof that the applicant's center of life is in their country of origin (for example, multiple and prolonged departures to the country of origin) will usually result in the application being rejected outright.

2. Substantial Harm from Removal from Israel

It must be proven that returning to the country of origin would cause substantial harm and a significant deterioration in the quality of life of the applicant or a person dependent on them. This could be:

• Medical harm - inability to receive essential medical treatment in the country of origin

• Harm to children's welfare - harm to minors dependent on the applicant

• Danger to life or persecution in the country of origin

3. Special Personal Circumstances

The committee examines exceptional personal circumstances, such as:

• Special contribution to society or the State of Israel

• Deep and long-standing family connection to Israel

• Full integration into Israeli society, especially for minors who grew up in Israel

• Situations of exceptional personal crisis

4. Applicant's Behavior

The committee also examines the applicant's behavior:

• Criminal record and proper conduct with law enforcement authorities

• Good faith in proceedings with immigration authorities

• Cooperation with authorities

  
  

It's important to note that even when humanitarian considerations exist, issues of state security, public safety, or public health may be decisive in rejecting the application.

Unique Cases from Case Law

In the Nursing Field

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In the humanitarian field of nursing care, case law has recognized cases where a special dependency of a patient on a specific foreign caregiver has developed. For example, in one case, a humanitarian B/1 visa was approved for a foreign worker beyond 5 years who cared for an elderly person suffering from advanced dementia, when it was proven that replacing the caregiver would cause a significant deterioration in the patient's condition.

In another case, an extension was approved for a caregiver of an autistic child, when it was proven that the child had developed a special relationship with the caregiver and that replacing them could cause a significant regression in the child's condition.

Family Cases

In the family field, case law has recognized, for example, the case of a foreign woman who separated from her Israeli husband due to severe violence, and despite the interruption of the graduated process, received temporary status in Israel due to these special circumstances.

In another case, status was approved for a foreign mother of Israeli children after the death of the Israeli father, when it was proven that the children were completely dependent on her and had no connection with other family in Israel.

Minors and Education

In cases of minors, it was determined, for example, that a foreign minor who arrived in Israel at a young age, studied in the Israeli education system for many years, and does not know the language of his country of origin, can receive humanitarian status due to his full integration into Israeli society.

Important to understand: The precedents mentioned are not a guarantee for approval of similar applications in the Humanitarian Committee, as most applications are rejected at the initial stage. They indicate only a theoretical possibility for approval in similar cases. The practical route usually includes submitting an initial application, dealing with rejection, filing an appeal to the court, and only then leveraging existing precedents to maximize chances of success. This is a complex and challenging legal process that requires professional guidance.

What About the Next Steps?

The process of submitting a humanitarian application is only the first part of the journey to obtaining status in Israel. After understanding who may be eligible for a humanitarian visa, the next step is proper preparation and submission of the application.

On this topic, a detailed article will soon appear that will deal with a guide to submitting an application and status request, which will provide comprehensive information on the required documents, how to prepare the file, and tips that will increase the chances of success.

After receiving the Humanitarian Committee's decision, whether positive or negative, there are several options for continuing the process. Another article on what to do after the committee's decision - appeals, upgrades, and extensions will be published later and will review the possible courses of action after receiving the decision.

Summary

A humanitarian visa is an important solution in cases where people are not eligible for status in Israel through regular channels, but special circumstances justify their stay in the country.

Whether it's a foreign nursing caregiver required for a complex patient, a foreign spouse who has encountered a complex personal situation, foreign parents of Israeli children, or special medical cases - it's important to understand the humanitarian criteria and how the committee operates.

It's important to remember that each case is examined individually, and many humanitarian considerations can influence the decision. Due to the legal and procedural complexity, it is recommended to seek professional legal advice from a lawyer specializing in immigration law and handling humanitarian applications.

In the upcoming articles in the series, we will expand on how to submit the application, the steps that can be taken after receiving the committee's decision, and provide practical information that will assist applicants in navigating the complex process of obtaining humanitarian status in Israel.

For an initial consultation on eligibility for a humanitarian visa, we invite you to contact our office, which specializes in professional guidance for such proceedings with immigration authorities.

Answers to Frequently Asked Questions

What is a humanitarian visa and when can it be obtained?

A humanitarian visa is a special residence permit granted based on exceptional personal circumstances when a person is not eligible for status through regular channels. It is granted in cases such as special dependency of a nursing care recipient on a specific foreign caregiver, foreign spouses who have encountered complex situations (such as widowhood or domestic violence), foreign parents of Israeli children, and foreign minors who grew up in Israel or in special medical situations.

What are the main conditions for extending a permit for a foreign worker in nursing for humanitarian reasons?

Can cases of domestic violence justify granting humanitarian status?

Can a foreign minor who grew up in Israel receive humanitarian status?

What are the chances of success of a humanitarian application and how long does the process take?

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