Legal Updates

Filing of motion for status in Israel only after an arrest raises concerns of being fictitious

August 17, 2016
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A foreign citizen entered Israel with a work permit valid only until termination of her employment in Israel. Upon termination of her employment, the foreign citizen remained in Israel and was arrested. At the hearing she made it clear that she does not intend to return to her homeland. After her arrest, the foreign citizen filed a motion, together with an Israeli citizen, to schedule an appointment at the Ministry of Interior in order to file a motion for status in Israel under the “living together” procedure.

The Court held that there is a difference between a situation in which the procedure for status commenced already to a situation where the couple only stated that they intend to file such a motion. In this case the “couple” did not yet filed any motion. Also, the desire of the parties to submit the motion came few days only after the arrest. Therefore, with the concern that this request is fictitious, the Court dismissed the motion.