Regulating the Status of Palestinian Spouses in Israel
Is It Possible to receive legal Status for Palestinian Spouses in Israel?
In this article we will deal with the legal status that the State of Israel provides to Palestinian spouses in Israel. That is, the legal status of a Palestinian married to an Israeli citizen. Note that in Israeli law concerning the regulation of a Palestinian spouses’ status in Israel, residents of the Palestinian Territories are referred to as Residents “of the Area.”
The use of the term “Area” in legal terminology is generally intended to avoid using terms such as: the territories, or the occupied territories, or the Palestinian Territories, or Judea and Samaria, or the Gaza Strip -all of which are politically charged. For the purpose of this article, “the Area” refers primarily to the West Bank, but occasionally also the Gaza strip.
Status for residents of “the Area” is not determined according to general Israeli immigration law
Israel’s Citizenship Law and judicial tradition have established that an Israeli who is married or is living as a common law couple with a non-Israel citizen is entitled to settle the status of their foreign partner in Israel through a gradual process. You can read more about the regulation of status for foreign spouses on our website. However, in regards to Palestinian citizens, or citizens of enemy states (excluded countries), this is not the case.
In 2003 the Citizenship and Entry into Israel Law (temporary provision) came into effect, which limits the regulation of status in Israel of Palestinian / Arab residents of the Area. Section 2 of the Citizenship and Entry into Israel Law (temporary provision) states that the Minister of Interior cannot grant a residence permit in accordance with the usual procedures to residents of “the area”, notwithstanding other laws that affect foreign spouses, including the regulation of a spouse’s status in Section 7 of the Citizenship Law, 1952. The Minister of Interior is also not allowed to grant status to a citizen of Iran, Lebanon, Syria, and Iraq.
Who Is a Resident of the Area and What are Their Rights?
In accordance with the Citizenship Law (temporary provision), a resident of the Area is defined as someone who is registered in the Population Registry of the Area, as well as someone who resides in the Area, even if he is not registered in the Area’s Population Registry (except a resident of an Israeli settlement).
There are disputes about who is not registered in the Population Registry when it comes to those who actually live in the Area, as there are many cases where the respected residents live alternately in both Israel and the Area.
Our law office specializes in immigration to Israel and represents Palestinians residing of the Area, assisting in regulating the status in Israel of Palestinians residing in the Area, in accordance with the options available by law. We have succeeded in overturning decisions of the Ministry of Interior who did not want to grant a residence permit in Israel on the grounds that they are residents of the Area (we showed proof that they are residents of Israel).
Special Permits for Palestinians who are Spouses of Citizens / Permanent Residents of Israel
In accordance with Section 3 of the Citizenship and Entry into Israel Law, the Minister of Interior is able, at his discretion, to grant a residence permit in Israel to a male resident of the Area who is over the age of 35, and to a woman who is a resident of the Area over 25, and this is for the purpose of avoiding the separation of these residents of the Area from an Israeli resident or citizen who legally resides in Israel.
It should be noted that the stay permit does not constitute the residence permit that is included in the Entry into Israel Law, 1952 or the Regulations on Entry into Israel Law 1974, rather it is a special military permit given by the Area Commander.
This stay permit allows the residents of the Area to legally live in Israel and to work in Israel, even though it does not grant the Palestinian residents of the Area general Israeli social security rights. Whoever holds a stay permit of this type is not permitted to drive in Israel (for safety reasons), save for exceptional circumstances.
Area residents with an A-5 (temporary resident) visa must submit a special application if they wish to travel abroad and then return to Israel.
Special Stay Permits and Licenses for Minors Defined as Residents of the Area Who are Children of Israeli Citizens / Permanent Residents
In accordance with Section 3a of the Citizenship and Entry into Israel Law, the Minister of Interior is able to grant a Palestinian minor under the age of 14 a stay permit in Israel for the purposes of avoiding separation from his custodial parent who resides in Israel as a spouse of an Israeli.
The Area Commander is able to grant a Palestinian minor over the age of 14 a stay permit in Israel (not a residence permit) for the purposes of avoiding separation from his custodial parent who legally resides in Israel as a spouse of an Israeli.
Humanitarian Committee for Special Cases
In accordance with Section 3a(1) of the Citizenship and Entry into Israel Law (temporary provision), the Minister of Interior is able to grant a residence permit or a stay permit to a resident of the Area, or to a citizen of one of the excluded countries, for special humanitarian considerations, if they have a family member who legally resides in Israel.
The same committee will hold regular meetings in order to reach decisions concerning the humanitarian requests placed before it.
The Humanitarian Committee will include the following professionals: (a) anyone qualified to be appointed a District Court judge, who will be appointed by the Minister of Interior and who will be the chairman; (b) a representative appointed by the Minister of Defense; (c) a representative appointed by the Minister of the General Security Service from amongst the service workers; (d) a representative appointed by the Minister of Interior from amongst the workers of his office; (e) a public representative appointed by the Minister of Justice and the Minister of Interior.
Decision by the Israeli Interior Minister:
The Minister of Interior will give a reasoned decision to the request submitted to him within six months from the date the request was submitted to the Humanitarian Committee.
The fact that a resident of the Area has a spouse in Israel and children together does not in and of itself constitute a humanitarian claim that would justify the Humanitarian Committee in granting a residence permit or stay permit when deciding on whether or not to grant a humanitarian status in accordance with Section 3a(1) of the law.
Note that the Minister of Interior is authorized to set a maximum allotment of such permits, and not grant permits beyond this allotment for this reason alone.
Family Unification for Members of the Druze Sector in the Golan Heights with Syrian Spouses — Legitimate Humanitarian Consideration before the Humanitarian Committee
The Minister of Interior is able to grant a residence permit and/or stay permit to Syrian spouses of an Israeli citizen/permanent resident who belong to the Druze community and live in the Golan Heights. The Minister of Interior may see this fact alone as a special humanitarian basis for the purposes of granting humanitarian status in accordance with Section 3a(1) of the Citizenship and Entry into Israel Law.
Special Permits for Special Necessities
The Area Commander is able to grant special permits in other special situations as well, such as for the purposes of receiving medical care in Israeli hospitals, or for working in Israel, or for any other temporary need.
Note that if this is a permit for any other temporary need, the permit will be limited to a maximum period of six months.
Granting Israeli Citizenship Under Exceptional Circumstances to Palestinian Residents of the Area
In even more exceptional circumstances, the Minister of Interior may grant Israeli citizenship, in accordance with the Citizenship Law, or another residence permit in accordance with the Citizenship and Entry into Israel Law and the Regulations on Entry into Israel Law, to residents of the Area or to citizens of the excluded countries, if the Minister of Interior is convinced that they identify themselves with Israel and its objectives. If the family members of the applicant (spouse, parent, child) have taken real action to advance the security, economy, or any other important matter, either granting citizenship or a residence permit would be in the special interests of the State of Israel.
For instance, Palestinian investors or resource intensive entrepreneurs who advance the economic interests of the State of Israel may, under exceptional circumstances, receive Israeli citizenship, or a residence permit in Israel. In addition, Palestinians who reside in Israel following the decisions of committees, who are threatened because they cooperated with Israeli security forces, may, under exceptional circumstances, request citizenship or another status in Israel for their spouse, parents, or children.
Petitions to the Supreme Court Regarding Regulation of Palestinians’ Status According to the Entry into Israel Law
Many petitions and objections have been filed to the Supreme Court concerning this law, but the Supreme Court has rejected these petitions, sustaining the State’s position that the exceptional security status allows for limiting the right to family life of Arab Israeli citizens, even until now (that is, this is the legal situation which will probably prevail as long as the security situation does not improve).
The prevailing ruling on the matter, which reflects what was mentioned above, was given in union with four different petitions: Supreme Court cases 466/07, 544/07, 830/07, 5030/07 Galon & Bros. vs. The State of Israel.
Another interesting development was decided following case 813/14 Anonymous vs. The Minister of Interior. There, as a part of the legal proceedings that were being conducted, the Minister of Interior informed that he would agree to approve a status upgrade of a temporary A/5 visa to a foreign Palestinian spouse, if these were spouses who filed a request and it was approved, prior to the Citizenship Law and Temporary Provision (2003) coming into effect.
Additionally, as a part of the aforementioned settlement, the Minister of Interior agreed to grant the children of the Palestinian spouse as well (who was approved a status upgrade to a temporary A/5 visa), who are recognized as residents of the Area, and who were born after January, 1998, a temporary A/5 visa. These decisions of the Minister of Interior were made in accordance with Section 3a(1) of the law (the section that discusses the Humanitarian Committee).
Contact a Lawyer Who Specializes in Regulating Legal Status for Palestinian Spouses in Israel
Attorney Michael Decker, from our law offices, who specializes in immigration to Israel and regulating status in Israel for residents of the Area, handles many very complicated cases of settling status in Israel for residents of the Area.
Our lawyers, specializing in regulating the status in the State of Israel for Palestinians residents of the Area, would be happy to assist you and answer all questions you may have.
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