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.
When should one file an application for a humanitarian visa, and what is its purpose?
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:
- Applications filed due to severe health problems, where the foreign national cannot receive the treatment that they require in their home country.
- Applications for children of foreign workers who were born and raised in Israel and who will be forced to adjust to a new culture and language should they be deported, or have a special complex situation that requires them to stay in Israel alongside their parents.
- Applications for foreign nationals who developed extreme mental distress, such as PTSD, and deportation may cause them substantial and heavy damage.
- Applications for a foreign parent of an Israeli child, where their deportation – alone or with their Israeli child – will lead to the child’s separation from one of their parents.
- Children of foreign workers who have an additional humanitarian justification beyond forming a center of life in Israel – such as a learning disability, development and language difficulties, any impairments or difficulties to cope mentally.
- Cases where the foreign national is already very old, has lived in Israel for many years and had severed contact with their home country.
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.
How is the procedure for an application for a humanitarian stay permit conducted?
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.
What kind of permits can one receive through an application for a humanitarian stay permit?
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 Inter-Ministerial Committee on Humanitarian Affairs
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.
Why should one enlist the aid of an attorney to receive a humanitarian visa?
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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