What You Need To Know About The "Special Visa"
The iSavta Team | 12.11.2019
For the last couple of months, iSavta receives numerous inquiries about the true or real status of those who are applying or currently having a special humanitarian visa. We were eager to reply and help but we didn't want to convey wrong information which was not confirmed by proper authorities or organizations but based only on hearsay and relayed information from the mouth of one caregiver to another. As we did our own research and queries, we found out that there was no definite fact about the special humanitarian visa status since the new law was not yet implemented and was still subject to change. Rumors of different kind fell back to our face and we decided to hold this article to be published later on when we already gathered most of the truth and real facts about the law on special humanitarian visa. Now is probably the right time for us to publish this because we are already 98% sure of our gathered facts. However, we are still giving out the 2% for possible inaccuracy in our information. We suggest our members to make their own personal research about this issue, particularly those who are directly involved or those who are currently holding a special humanitarian visa. The information we gathered is mostly from Kav LaOved, a non-profit organization which aims to protect the rights of the most disadvantaged workers in Israel, addressing violations through individual assistance, advocacy, outreach and more. Information from Kav LaOved is significantly correct since they are working directly or indirectly with Misrad Hapnim's jurisdiction and they have legitimate lawyers who are experts on migration law of Israel. This was posted on Kav LaOved's official page last January 30, 2014. Guidelines from the Interior Ministry to employers who applied for a visa on humanitarian grounds for caregivers who are in Israel for more than 53 months: NOTE: These guidelines are for employers who applied for the caregiver BEFORE January 12, 2014.
- The employer and caregiver must Immediately contact one of the manpower agencies for caregivers and register.
- The agency will send a social worker to the employer's house and verify the employment under the law and procedures of the Ministry of Interior, the agency will fill out a form of request signed by the agency's manager.
- The employer should verify that the agency send the form, along with the employer's request to register with the agency, to the Ministry of Interior.
- If the application meets the necessary conditions, the employer will be notified on the approval by the agency. The employer and caregiver should go to "Misrad Hapnim" to arrange a visa for the caregiver.
- The visa is valid as long as the caregiver is employed by the same employer.
- After termination of employment, the caregiver must leave the country within 60 days.
- All visas must be issued until APRIL 30, 2014.
- In case of rejection, the caregiver must leave the country within 60 days of rejection.
- The conditions for submitting a request in accordance with the regulation are that the person being taken care of by the caregiver (Hereon: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 immediate family member, or the employer's legal executor.
- 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 executor. The letter must explain the exceptional humanitarian reasons that make the employer in need of care from the foreign worker, 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 included to the claim in writing which shows that terminating the employment of the foreign worker in a caregiving capacity will cause significant damage to the employer/patient.
- One must attach a letter signed by the doctor who cares for the employer/patient 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 to the request, either by the employer/patient his/herself or by his/her legal executor.
- 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 renege on his/her agreement to the request, 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 another employer/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 extension, 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 of the 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 Foreign Workers Law.
- If the employer/patient does not have permission of employment that is valid, active, and unoccupied by another foreign worker.
- If the worker which the employer/patient wants to extend a license for did not enter Israel with a valid permit and worked 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.
- 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 between the employer and the worker stopped following the worker being outside of Israel for a period of more than 3 months.
- 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 minster 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 immigration police, 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 45 days of receiving notification of the permit, and must issue a visa in Misrad Hapnim (Interior Ministry).
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