An application for a humanitarian stay permit is an application filed with the Population and Immigration Authority, with the purpose of granting a stay permit for foreign nationals in Israel. There are two types of applications for humanitarian stay permits – the first is an application for a humanitarian stay permit for foreign workers in the nursing sector, which you can read about here; The second type, which is the subject of this article, is a general application for a humanitarian stay permit, for those foreign nationals whose matter is not addressed by the terms of any other regulation of the Population and Immigration Authority.
An application for a humanitarian stay permit is meant to handle situations where a foreign national is not eligible to stay in Israel, but there are unique humanitarian circumstances in place that justify their stay, and suffice to permit them to stay in Israel. Applications under this regulation are filed when the Population and Immigration Authority has no other regulations that are applicable to the matter, but it is still appropriate for the state to assist the foreign national for humanitarian and humane reasons.
An application for a humanitarian visa can be filed in a variety of cases. The Ministry of the Interior does not outline a closed list of conditions for an application to be accepted, but leaves room for consideration by the advisory Inter-Ministerial Committee and the Director-General of the Population and Immigration Authority. Below is a partial list of cases where an application for a humanitarian stay permit may be filed:
Thus, for example, an application for a humanitarian stay permit was filed on the matter of a woman who married an Israeli citizen and was a victim of severe violence on his part, and concurrently contracted a severe illness from him. While her life was not in immediate danger, it was obvious that were she to be deported to her homeland, where health services are poor, she would not receive the medical treatment she requires – and that would constitute a death sentence for her. The combination of her illness and the extraordinary humanitarian circumstances, along with the state’s interest in protecting victims of domestic violence, was cause for filing an application for a humanitarian stay permit.
Another case where the Population Authority granted status to a foreign national for humanitarian reasons was the matter of a father of two daughters. The foreign father had a relationship with an Israeli citizen for many years, and had two daughters with her. Over the years, the two decided to separate. Theoretically, the foreign partner was meant to leave Israel as the relationship ended – however, this would mean that both his Israeli daughters would have to grow up without either a father or a mother. Therefore, an application for a humanitarian stay permit was filed on the father’s matter, and he was issued a permit that allowed him to live alongside his daughters.
The Procedure commences when an application is filed with the nearest Population and Immigration Authority Office in the applicant’s area of residence. The application should include the application form for a humanitarian stay permit along with relevant documents, a detailed letter of explanation, photographs, proof of life in Israel and of the humanitarian reasons underlying the application – as well as proof regarding residence at the city where the application was submitted. It is mandatory for the applicant to be present to file the application themself, but they may be represented by an attorney. It is also required to pay a fee and present a passport valid for two years. If the applicant was apprehended by the Immigration Authorities and placed in custody, however, their attorney can file the application on their behalf.
Once the application is filed, the applicants are interviewed regarding the application. Following this, the Population Authority examines whether or not there are grounds for rejection at the threshold. The Authority may reject an application even before it is given an in-depth review if the application is founded on arguments identical to ones that were previously rejected, if the applicant infiltrated into Israel, if the application is a groundless application without actual cause, or if the cause argued for in the application was not proved by documents and evidence.
If the application was not rejected, it is then relayed to the Population Administration headquarters, where it shall be decided whether or not the application should be relayed for discussion by the Inter-Ministerial Committee on Humanitarian Affairs. This step is under constant scrutiny by the courts, who emphasize that the Head of the Desk’s job is not to review the application, but only to examine whether the application stands a chance of being accepted following discussion by the Committee.
Eventually, the application is reviewed by the Inter-Ministerial Committee, where various professionals review the relevant considerations and formulate a recommendation for the Director-General of the Population and Immigration Authority. Finally, the application is sent for resolution.
As you can plainly see, this is a long and complex procedure – yet one that is subject to rules dictated over the years by case law and to rules set out in various regulations. Therefore, before filing an application for humanitarian stay permit, we recommend consulting an attorney to accompany you throughout this long procedure.
If the application is accepted, the applicant may receive an A/5 Temporary Resident visa or a B/1 Tourist visa with a work permit. After about ten years with a temporary status, one may file an application to upgrade to a permanent stay permit for humanitarian reasons.
The Committee, which is comprised of professionals from various government ministries, receives applications for humanitarian stay permits, but also receives applications submitted under other various regulations. No small number of other regulations direct certain cases for review by the Inter-Ministerial Committee.
For example, in case of the termination of cohabitation between an Israeli citizen and their foreign partner is reported, or when the Israeli partner passes away, the Graduated Procedure for regularizing the foreign partner’s status is terminated. In certain cases, especially if the couple have children with an Israeli citizenship together, the case is sent to review regarding whether or not there are humanitarian circumstances for granting status.
Additionally, in case there is a report of violence on part of the Israeli partner against the foreign partner whom is undergoing the Graduated Procedure for regularization of status, the Graduated Procedure is terminated and the application may end up on the Humanitarian Committee’s desk.
While the same Committee discusses the applications in situations such as these, the criteria for their approval are entirely different, and one should make sure the Committee discusses matters per the relevant regulation.
It is no simple thing to successfully obtain status for humanitarian reasons. The process is long and complex and is reviewed by no small number of eyes to examine whether the application can be rejected and how to do so. In every step along the way, it is prudent to verify that the rules are being followed and that the application is being reviewed objectively in a manner that corresponds with case law. Therefore, it is recommended to enlist the legal aid of an attorney who specializes in this area when filing the application. An attorney who is familiar with case law and with the Authority’s conduct, knows which documents are relevant for proving humanitarian reasons, and knows how to avoid rejection at the threshold, will increase the application’s chances of success.
An attorney can also assist with the culture and language gaps between the applicants and the Authority, which may lead to the application’s failure, and mediate the applicant’s cultural context to the Authority.
If the application is unsuccessful, an attorney can aid in filing an internal appeal with the Population and Immigration Authority, where they can enclose relevant evidence and clarify the humanitarian justifications.
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A Humanitarian Visa, also known as a humanitarian stay permit, is an application filed with the Population and Immigration Authority to grant foreign nationals permission to stay in Israel when they don't qualify under standard regulations but face unique humanitarian circumstances. This type of Humanitarian Visa is designed for situations where no other regulation applies, yet there are compelling humanitarian and humane reasons justifying the person's stay in Israel. The Ministry of the Interior doesn't maintain a closed list of qualifying conditions, allowing the Inter-Ministerial Committee and the Director-General to evaluate each case individually based on its specific humanitarian merits.
A Humanitarian Visa application can be filed in various circumstances, though approval depends on the severity and nature of each case. Examples include a foreign national who was a victim of domestic violence by an Israeli spouse and contracted a severe illness, where deportation would mean inadequate medical treatment in their home country. Another case involved a foreign father of two Israeli daughters who needed to remain in Israel after separating from his Israeli partner, as his deportation would leave the children without either parent. The Humanitarian Visa process evaluates each situation based on the combination of circumstances, health concerns, family ties, and the humanitarian impact of potential deportation.
Filing a Humanitarian Visa application begins at the nearest Population and Immigration Authority office in your area of residence. The application package must include the humanitarian stay permit application form, relevant supporting documents, a detailed explanatory letter, photographs, proof of residence in Israel, evidence of humanitarian reasons, and proof of residency in the city where you're applying. Applicants must appear in person to submit their Humanitarian Visa application, though they can be represented by an attorney. You'll also need a passport valid for two years and must pay the required fee. Following submission, applicants are interviewed about their application.
The Humanitarian Visa review process involves multiple stages and authorities. After the initial interview, the Population Authority first examines whether there are grounds for threshold rejection, such as identical arguments to previously rejected applications, infiltration into Israel, groundless claims, or lack of documentary evidence. If not rejected at this stage, the Humanitarian Visa application is sent to Population Administration headquarters to determine if it should go to the Inter-Ministerial Committee on Humanitarian Affairs. The Committee, comprised of professionals from various government ministries, reviews the case and formulates a recommendation for the Director-General, who makes the final decision. This is a lengthy and complex procedure governed by case law and regulations.
If your Humanitarian Visa application is approved, you may receive either an A/5 Temporary Resident visa or a B/1 Tourist visa with a work permit. These initial permits provide temporary status in Israel. After maintaining temporary status for approximately ten years, applicants become eligible to file for an upgrade to a permanent stay permit for humanitarian reasons. The specific type of visa granted depends on the individual circumstances of each case and the Committee's determination of the most appropriate status for the approved Humanitarian Visa holder.
Hiring an attorney for your Humanitarian Visa application significantly increases your chances of success due to the process's complexity and high rejection rate. An experienced attorney familiar with immigration case law and the Population Authority's procedures knows which documents prove humanitarian reasons effectively, understands how to avoid threshold rejection, and can verify that rules are followed at every step. The attorney can bridge cultural and language gaps between applicants and authorities that might otherwise lead to failure, assist with internal appeals if the Humanitarian Visa application is unsuccessful, and mediate the applicant's cultural context to the Authority. Given that multiple reviewers examine applications specifically to find rejection grounds, professional legal representation is strongly recommended.