Status for a Foreign Domestic Partner of an Israeli Citizen

In today’s advanced technological age and with the ability to easily travel from one place to another, we constantly come in contact with tourists and foreign workers. Consequently, there is a natural increase in mixed relationships where one of the spouses is an Israeli citizen whilst the other is foreign. These couples experience difficulties when they are not married and the foreign spouse wishes to remain in Israel beyond the authorized departure date, or to permanently remain in Israel. Many of these couples are unaware of the fact that their status can be legalized, even if they are not married and have no intention of marrying.

How can a foreign domestic partner obtain residence status?

Obtaining legal residence status for unmarried foreign spouses was not possible in the past. The foreign spouse had to find a different category to apply to (such as foreign worker) or were forced to maintain long distance relationships. Legal residency was only obtainable for married spouses. Over the years the state of Israel has come to recognize domestic partner relationships and the Ministry of Interior has a procedure for legalizing foreign domestic partners status accordingly, including same sex relationships. The procedure defines the method for filing the petition to legalize the residence status of a foreign domestic partner, which documents must be submitted and what is the process until a decision is made by the Ministry of Interior.

The stages in petitioning for legal residence status:

  1. Contacting the Ministry of Interior to set up an appointment to legalize the residency of a foreign domestic partner –
    • Submitting an invitation for spouses outside of Israel
    • Setting an appointment at the Ministry of Interior when the spouse is in Israel, to start the process and submit all relevant documentation

  1. Submitting documentation required by the Ministry of Interior-

After setting the appointment, the couple will receive a list of the documents required for submitting to the Ministry of Interior in order to start the process of legal residence status. It should be noted that some of the documents the foreign spouse will have to obtain from their country, and that those will need to have an apostille stamp. The couple will also have to prove their bona fide relationship to the Ministry of Interior using evidence such as: pictures, correspondence, letters from family and friends etc.

  1. Interview of each of the spouses at the Ministry of Interior-

After producing the required documents, a representative of the Ministry of Interior will conduct personal interviews with each one of the spouses to ascertain the validity of the relationship. Generally the interview will include questions about the daily routine of the couple, each other’s family, everyday habits and more. In other words, the couple bears the burden of proving the validity of their relationship in their answers to the clerk.

  1. B1 Status for domestic partner foreign spouses –

After the couple has submitted all documentation and completed their interview and has proven the validity of their relationship to the clerk, the foreign spouse is typically entitled to a B1 status for one year. The couple begins the conditional residency process the will ultimately enable the foreign spouse to obtain legal permanent residency status in Israel.

  1. A5 status for foreign domestic partners-

Once the foreign spouse has had the B1 visa for a year, it can be extended yearly up to three years. During this time the foreign spouse must continue to comply with the conditions of the Ministry of Interior, such as continue to provide evidence as to the nature of the relationship and common household, lack of criminal records and more. After three years the foreign spouse’s status is upgraded to A5 for one year. At the end of the year, if there are no objections, the A5 visa can be extended yearly up to four years.

  1. Legal resident status

If there are no objections and once the Ministry of Interior has completed their examination, the foreign spouse will receive the legal resident status.

What are the advantages and disadvantages of legalizing a foreign domestic partner’s resident status versus married foreign spouses?

The disadvantages of legalizing residency status of foreign domestic partners

  1. The burden of proof of the bona fide relationship falls on the couple. The fact that the couple are domestic partner and not married increases the burden of proof and the Ministry of Interior will generally scrutinize the evidence and demand further evidence on the nature of the relationship.
  2. The procedure for legalizing residency status for foreign domestic partners is generally longer than for the procedure for married couples. Consequently, the foreign spouse will receive social benefits and a work permit much later than a married foreign spouse.
  3. After the B1 status is received the Ministry of Interior will most likely examine the nature of the relationship more thoroughly over the years.

The advantages of legalizing residency status of foreign domestic partners

  1. Legalizing the status of foreign domestic partners enables couples that are otherwise unwilling to marry, to remain together and maintain their relationship without being forced to marry.
  2. Legalizing the status of foreign domestic partners is a solution for couples that are unable to marry, such as same sex partner and spouses from different religions that are not permitted to marry, etc.
  3. Legalizing the status of foreign domestic partners is a solution for an Israeli spouse that is still married, but maintains a common household with a foreign spouse and is therefore interested in legalizing their status. A classic example for that is a woman who is denied a divorce. This person is unable to divorce and also unable to marry. The procedure for residence status for foreign domestic partners enables this person to continue on with their life.

We recommend that you contact and attorney if you are interested in starting a procedure for legal residency of a foreign domestic partner.

As described above, legalizing resident status for a foreign domestic partner is more complicated then for a foreign spouse married to an Israeli citizen, and the burden of proof that the relationship is real is heavier than for married couples. Our office often encounters couples that received an automatic denial from the Ministry of Interior, due to the fact that they are not married.

Our office has 15 years experience in legalizing resident status for foreign domestic partners and can assist you in all stages of the process, starting from preparing documentation and through to preparing the couple for the interview and up until receiving legal status for the spouse in Israel.

To schedule an appointment with an attorney that specializes in status for foreign domestic partners contact us.