Visa Renewal for a Foreign Worker in the Nursing Field
According to Procedure #5.3.0006 the advising committee’s procedure for the Israeli Minister of Interior to extend B/1 permits in the nursing field can be permitted for special humanitarian reasons.
Foreign workers employed in Israel in the nursing field are initially invited to Israel temporarily, and at the end of the longest legally permitted employment period, they must leave Israel. The Ministry of Interior’s (MOI or in Hebrew Misrad HaPanim) protocols state that foreign workers are not permitted to settle in Israel. At the end of the temporary legal work period in Israel, the worker must return to their home country. They are not permitted to stay in Israel. In light of this, it is important for foreign workers to leave Israel at the end of the temporary legal work period. The MOI does not allow foreign workers to continue their employment in Israel with a new employer beyond the longest periods of 63 months (a little over five years) as stated in the law and regulations.
However, the Minister of Interior is able to extend the foreign worker’s license period, even if the foreign worker has finished their maximal employment period. The visa extension is permitted due to special humanitarian reasons and only in the nursing field. A maximum of 200 visas are issued annually for humanitarian reasons. In order to issue licenses, the Minister of Interior has appointed a committee qualified to discuss and make decisions on the matter.
Conditions and Requirements for Extending Licenses: A Foreign Worker Visa Renewal
A precondition for applying for a visa renewal is that the disabled person the application is for must have an available, active (non-conditional), and valid employment permit for employing a foreign worker in the nursing field.
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The application must be submitted by registered mail and/or at the Permits Unit – Nursing Department.
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The application must be submitted in the original format signed by the disabled person, their family member, or their legal guardian.
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The application must include a letter signed by the disabled person, their family member, or their legal guardian specifying the particular reasons which require the extension of the foreign worker’s employment period. It must also contain supporting documents.
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The application will include a detailed, official, written opinion that determines that terminating the foreign worker’s employment will cause severe damage to the disabled person. The official opinion must come from:
♦ A certified doctor.
♦ A certified nurse.
♦ A social worker from the local authority where the disabled person lives.
Additionally, the person giving the official opinion must be qualified and have the following:
♦ At least two years of experience in the nursing field.
♦ An original signature with the license number of their profession.
♦ A statement that the person giving the opinion has met with the patient prior to giving their report, including the date of visit.
♦ A statement that the person giving the opinion is not employed and/or has an interest with the company dealing with foreign workers or their employment.
♦ A statement regarding how long they have known this nursing care patient.
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The application for extension of the B/1 work visa must include a letter from the doctor detailing the medical history and the disabled person’s current medical state.
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Finally, the application must include a statement from the foreign worker, signed by a lawyer, stating that:
♦ They agree with and join the patient’s request to extend their visa.
♦ They were told that should the patient change their mind, the foreign worker will have to leave the county and will not be permitted to be employed by another patient. Also, if the application is not approved, the foreign worker will have to leave Israel.
♦ Should the application be approved, the foreign worker can only work for that same nursing patient for whom their application was approved, and at the end of the employment period they will have to leave Israel.
End of Process – Decision of the Ministry of Interior Regarding an Extension of a Work Visa
After the minister’s decision, a detailed notice will be sent to the disabled patient’s current address by the minister or someone qualified by them. Should the application be denied, the foreign worker will be asked to leave Israel within 30 days.
The decision can be appealed in the Court of Appeals within 30 days (from the day of the decision).
The Request for Extending the License was Granted! Now What?
If the request for extending the Israeli work license is granted, after it is received, the patient and the foreign worker need to legally register in one of the private offices for handling and matching foreign workers in the nursing field. This must be done within 45 days of receiving the confirmation notice. The foreign worker’s license must be extended in the authority’s office where the patient lives.
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