Regulation for visa for Caregivers for Special Humanitarian Reasons ("Special Visa")
The iSavta Team | 12.11.2019
The new regulation applies on requests sent after 12.1.2014
Conditions and Requirements for Extending Visas:
- The conditions for submitting a request in accordance with the regulation are that the person being taken care of by the caregiver (the employer/patient) must have an employment permit which is, a) active,b) not being used by another caregiver,and c) valid for the employment of foreign workers in the caregiving sector
- The request should be submitted through the original request form only, and should be signed by the employer/patient, an immediatefamily member, or the employer's legal executor.
Documents from theemployer:
- A letter explaining the reason for extending the license must be attached to the request and signed by the employer/patient, an immediate family member, or the employer's legal guardian. The letter must explain the exceptional humanitarian reasons thatmake the employer in need of care from the foreign careguver, and should include documents which support such a claim.
- A professional opinion in writing by i) a certified doctor, or ii) a certified nurse, or iii) a social worker of the local authority where the employer resides, should be attached to the request, which shows that terminating the employment of the foreignworker in a caregiving capacity will cause significant damage to the employer/patient.
- A letter signed by the doctor who cares for the employer/patient should be attached to the request. The letter must explain the medical history of the employer/patient and his/her current medical situation.
- A consent form in which the employer/patient gives up his/her right to medical privacy must be attached tothe request, either by the employer/patient his/herself or by his/her legal guardian.
Documents from the worker:
- A declaration by the foreign worker, signed by a lawyer, in English or Hebrew - if the worker understands either language, should be attached. If in another language, the document's translation must be signed by a notary. The declaration should state that:
- The worker agrees to the request of the employer/patient for the exceptional extension of his/her visa
- The worker understands that if he decides to cancel his/her agreement to the request (and resign from this work), it is the worker's responsibility to leave Israel, and that a request for another employer will not be granted.
- The worker understands that if the request is denied, it is the worker's responsibility to leave Israel, and that he will not be allowed to be included in the request of anotheremployer/patient.
- The worker understands that if the request is accepted, it is the worker's responsibility to work only for the employer/patient who requested the visa, and that at the end of his/her employment, it is the worker's responsibility to leave Israel.
- The worker agrees that the details of his previous employment in Israel, as they appear in the system ofthe Immigration Authority, will be brought to knowledge of the employer/patient if needed.
- The declaration should detail the worker's family situation both in and outside of Israel, and that the worker commits to notifying the Immigration Authority regarding any change to such situation.
- A signed permission from a certified doctor must be attached to the request, with the doctor's name and professional license number, that the worker is healthy and fit for work in the caregiving sector and for the employer/patient who submitted the request. It must further clarify that the worker is not sick with multiple illnesses, in accordance with the 1991 ForeignWorkers Law.
Causes for Denial of Request
- If the employer/patient does not have permission of employment that is valid, active, and unoccupied by another foreign worker.
- If the worker for whom the employer/patient wants to get a visa, did not enter Israel with a valid permit and/or did not work with B/1 visa in the caregiving sector
- If the worker already had a "special visa" for another employer before.
- If the request was submitted without the necessary documents.
- As a rule, a request will not be accepted, even if it satisfies the conditions specified above, if one of the following circumstances is found:
- If the worker is in Israel for more than 7 years. The only exception is in cases where the employer/patient is disabled with a"Bituach Leumi" benefit of the maximum level - 175%
- If another employer already requested a "special visa" for this worker.
- If there was a expulsion decree against the foreign worker, if a decision was made by a certified government worker or a judicial proceeding demanding the worker leaves Israel.
- If the foreign worker is employed in a sector that is not the caregiving sector
- If the foreign worker submitted a request for a different visa in Israel (refugee, marriage or partnership with an Israeli) or requested a humanitarian visa for medical reasons.
- If the relationship betweenthe employer and the worker stopped following the worker being outside of Israel for a period of more than 3 months.
The Decision of the Minister of the Interior
- Following deliberation of the request, the advisory committee's recommendation is forward to the Minister of the Interior.
- After the Minister of the Interior makes a decision, a letter will be sent to the current address of the employer/patient either by the minister or by someone authorized on the minister's behalf. If the request is denied,it will be detailed in the letter that the foreign worker must leave the country within 30 days. A copy of the denial letter will be sent to the immigrationpolice, and the denial will also be updated in the system of the Immigration Authority.
- If the request is accepted, the employer/patient must register through one of the manpower agencies in the caregiving field within 45days of receiving notification of the permit, and must issue a visa in Misrad Hapnim (Interior Ministry).
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