The state allows mixed couples – Israelis who are married or live as common-law spouses with foreign partners – to regulate the status of the foreign spouse in Israel through a prolonged and complex process called the "Graduated Procedure." This process, which lasts between 4.5 and 7 years, is designed to allow the couple to live together while the sincerity of the conjugal relationship and the shared center of life are re-examined, ultimately concluding with the granting of citizenship or permanent residency.
But what happens when the conjugal relationship, which was the basis for granting the permits, is abruptly severed?
The termination of the conjugal relationship – whether it is a separation, divorce, the death of the Israeli spouse, or, God forbid, violence – immediately triggers the process of terminating the Graduated Procedure for a foreign spouse at the Population and Immigration Authority. The immediate meaning is that the foreign spouse's status becomes uncertain, and they may find themselves facing a demand to leave Israel within a few days. The anxiety and uncertainty in this situation are immense, especially when it concerns a spouse who has settled in Israel, works, pays taxes, and most importantly, when there are shared children who were born and raised in the country.
However, it is important to emphasize: severing the relationship is not a final verdict. The legal system and the procedures of the Ministry of Interior recognize these complex human situations, and there are legal mechanisms that, in certain cases, allow for the continued regulation of status on humanitarian grounds, even when the original family unit has broken down.
The procedure for handling terminating the Graduated Procedure for a foreign spouse of an Israeli details the main cases in which the Graduated Procedure will be stopped:
1. Cessation of Shared Life and/or Severing the Conjugal Relationship
The Procedure: Upon receipt of the report, the Population Authority summons both spouses for a separate interview (or joint, if they wish). The purpose of the interview is to examine the sincerity of the relationship that existed until then and the foreign national's intentions for continued stay and settlement in Israel. The Authority's decision will be made only after conducting this interview.
2. Death of the Israeli Spouse
A difficult and sensitive case where the foreign spouse loses the legal basis for their status.
In this case, the foreign national is summoned for an interview alone, and during it, the duration of the relationship, the extent of their integration into Israel, and whether they have relatives or shared children in the country are examined.
3. Violence by the Israeli Spouse (Special Procedure)
This is the most important legal exception. In cases of violence by the Israeli spouse, the State of Israel does not want the foreign spouse to remain in an abusive relationship for fear of losing their status.
In this case, there is a specific procedure that allows the foreign spouse to submit an application for status regulation on humanitarian grounds and avoid the demand to leave the country.
In general, after the Authority concludes that the Graduated Procedure has indeed ceased, it makes a decision to cancel the foreign spouse's residency permit and instructs them to leave Israel within 14 days. Case law and procedures stipulate that there is no automatic right to continued status the moment the conjugal relationship ends. The assumption is that the right to stay was granted solely by virtue of the conjugal relationship.
This is the moment when professional legal involvement is critical, as only correct management of the procedure can lead to an exception to this rule. It is important to know that immediate departure from the country is not required until the final decision is made. Provided a discussion is underway and a reasoned application is submitted, the Authority can extend the residency permit for the required period (a transit visa).
The light at the end of the tunnel lies in submitting an application under the Procedure for terminating the Graduated Procedure for a foreign spouse, provided it meets the conditions stipulated in the procedure. The application will be examined by the Inter-Ministerial Committee for Humanitarian Affairs.
The Inter-Ministerial Committee examines the totality of the applicant's circumstances, while emphasizing the "strength of the connection to Israel" and, in the case of minors involved, also the "best interests of the child."
The central criteria required for proof are:
The path to regulating status after terminating the Graduated Procedure for a foreign spouse is very challenging, involves several stages, and is not automatic. Unlike at the beginning of the procedure, the foreign spouse undertakes this stage alone, as their Israeli spouse, who was with them at the start of the procedure, does not accompany them at this stage, either because they have passed away or due to the separation of the couple. Although the Ministry of Interior's tendency in recent years has been not to allow status regulation after terminating the Graduated Procedure for a foreign spouse, the case law of the Israeli courts recognizes that people are not objects, and that special humanitarian considerations must be examined, as well as the foreign citizen's integration into Israel and their legitimate expectation to complete the procedure and receive permanent status.
Submitting a well-reasoned application, emphasizing the familial and social connection to Israel, and attending the interview to confirm the sincerity of the relationship with the accompaniment of a lawyer can be the difference between receiving status and deportation. This is a legal procedure that requires focused expertise in immigration law with an emphasis on status regulation in Israel, as presenting a complete picture that takes into account the criteria that have been recognized in case law and the procedure can be the difference between the application being approved and deportation from the country.
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When terminating the Graduated Procedure for a Foreign Spouse occurs, the Population and Immigration Authority immediately initiates a process that makes the foreign spouse's status uncertain. This typically happens when the conjugal relationship ends due to separation, divorce, death of the Israeli spouse, or violence. The foreign spouse may face a demand to leave Israel within 14 days once the Authority concludes that the Graduated Procedure has ceased. However, the procedure recognizes complex human situations and provides legal mechanisms that, in certain cases, allow for continued status regulation on humanitarian grounds.
Yes, remaining in Israel after terminating the Graduated Procedure for a Foreign Spouse is possible in certain circumstances. You must submit a well-reasoned application to the Inter-Ministerial Committee for Humanitarian Affairs, which examines the strength of your connection to Israel. The Committee evaluates factors including the duration of your stay in Israel, whether you have children in Israel (especially minors), your level of integration into Israeli society, employment status, tax payments, and any familial or social connections. While the Ministry of Interior's recent tendency has been restrictive, Israeli courts recognize that humanitarian considerations and legitimate expectations must be examined.
During the interview process for terminating the Graduated Procedure for a Foreign Spouse, the Population Authority summons both spouses for separate interviews, or a joint one if they wish. The interview's purpose is to examine the sincerity of the relationship that existed and the foreign national's intentions for continued stay and settlement in Israel. In cases of death of the Israeli spouse, the foreign spouse is interviewed alone, and the Authority examines the relationship's duration, extent of integration into Israel, and whether there are relatives or shared children in the country. Attending the interview with lawyer accompaniment can significantly impact the outcome.
Yes, there is special protection when terminating the Graduated Procedure for a Foreign Spouse involves violence by the Israeli spouse. The State of Israel does not want the foreign spouse to remain in an abusive relationship for fear of losing their status. There is a specific procedure that allows the foreign spouse to submit an application for status regulation on humanitarian grounds and avoid the demand to leave the country. This represents the most important legal exception in the termination procedure, ensuring that victims of domestic violence are not forced to choose between their safety and their legal status in Israel.
After terminating the Graduated Procedure for a Foreign Spouse, the timeline varies based on individual circumstances. Once the Authority determines that the Graduated Procedure has ceased, it typically issues a cancellation of the residency permit with an instruction to leave Israel within 14 days. However, immediate departure is not required until a final decision is made. When a discussion is underway and a reasoned application is submitted to the Inter-Ministerial Committee for Humanitarian Affairs, the Authority can extend the residency permit for the required period through a transit visa. The entire process involves several stages and requires focused legal expertise to navigate successfully.
When terminating the Graduated Procedure for a Foreign Spouse and applying for humanitarian status, the Inter-Ministerial Committee examines several central criteria. These include the duration of your stay in Israel, whether you have children in Israel (particularly minors, where the "best interests of the child" is considered), your level of integration into Israeli society, your employment and tax payment history, and familial or social connections. The Committee emphasizes the "strength of the connection to Israel" while examining the totality of circumstances. Case law recognizes that legitimate expectations to complete the procedure and special humanitarian considerations must be evaluated, even though the Ministry of Interior's recent tendency has been restrictive.