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Status for a Non-Israeli Common Law Spouse of an Israeli

February 16, 2016
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A non Israeli who married an Israeli may request an Israeli status under the process known as the “Graduated Process”. In the current global world, it is, of course, impossible to prevent a non-Israeli to be in a relationship with an Israeli without a formal marriage but can such unmarried spuse receive an Israeli status?

For the purpose of applying for Israeli statuse under the "Graduated Process", it is not necessary for the couple to be legally married and it is sufficient to prove that they comply with the status of "Common Law Marriage". However, in such a case, the examination of the spusal relationship between the couple will be stricter and will include review of documents and intreviews.

At the stage in which the motion is filed a preliminary but material stage of review of the sincerity of the spousal relationship will beging by thorough and careful review of the documents submitted by the couple. Already at this stage the non-Israeli may request a temporary stat permit and work permit until a decision on the application, in order for the couple to continue managing normal spousal relationship.

However, it is important to know that even if the non-Israeli spouse was in Israel under a valid work permit, applying for status without applying for a temporary license may lead to the cancelation of the existing work permit. It is also important to note that, during the examination if the Ministry of the Interior will find that the information provided by the applicants was not accurate, this may lead to an immidiate cancellation of any permit granted and therefore at this preliminary but important stage it is important that the couple will consult an attorney up to date with the Ministry of Interior procedures and whom can assist the couple in choosing the necessary documents to file and ensure that the status of the couple will not be affected to the detriment by the application.

An experienced lawyer may sometimes recommend the parties not to apply at all, if the risks involved are higher than the chances of the application. This is because applications in which evidence teach that the relationship between the couple is not sincere or that the center of life of the couple is not in Israel may lead to rejection of the application and cancellation of the temporary status and work permit. In some cases it may even lead to deportation of the non-Israeli spouse. Such risks may be prevented if the couple consult with an attorney knowledgeable in this area who will guide the couple how to approach the pertinent authorities, selection of the correct documents and drafting the application. The better such documents are drafted pursuant to the existing procedures and include the required documentation, the greater the chances of success in the procedure or, if the chance are not high, to the correct decision not to commece the procedure at all.

Thus, although one may contact the Ministry of Interior without a lawyer, it is important to do it through an attorney knowledgeable in this area, especially in the case of an unmarried couple.