Minors accompanying a foreign parent who is married to an Israeli national
Who are accompanying minors? A joint life application is opened at the Ministry of the Interior when one partner is Israeli and the other is a foreign national. The spouses often meet each other after they have had additional relationships in the past and had children with the former partner. When the foreign spouse is married to an Israeli and is the parent with actual custody over the children, it becomes necessary to regulate the status of the accompanying minors who arrive in Israel with the foreign national parent.
The law firm of Cohen, Decker, Pex and Brosh specializes in immigration to Israel. Advocate Michael Decker will explain how to regulate the status in Israel of children of the foreign national from a previous relationship.
Consent of the other parent to the immigration /residence of accompanying minors
If the other parent (who is not in a relationship with an Israeli national) is alive and shares custody over the children, their consent must be obtained prior to regulating their status in Israel. We recommend reading our article on the subject.
Only married couples can regulate the status of accompanying minors
There are two main procedures in all matters concerning the opening of a joint life application. One concerns the opening of a joint life application when the partners are not married. The other concerns opening a joint life application when the partners are married.
It is very important to note that it is only possible to regulate the status of accompanying minors in Israel by means of the procedure for opening a joint life application by a married couple. An unmarried couple cannot regulate the status of the children of the foreign partner.
Civil marriage outside Israel when the couple lives in Israel
This can pose a problem when the couple is living in Israel, because there is a high probability that it will not be possible for them to get married inside Israel. If each partner is a member of a different religion (or no religion at all) there is no possibility of getting married inside Israel, because the State of Israel does not recognize the institution of civil marriage.
As a rule – if both partners are living in Israel, it is preferable that the foreign partner does not leave Israel until he arranges his status. It is possible to get married in El Salvador without the partners being present. It is also possible to get married in Paraguay in the presence of just one of the partners.
The procedure for regulating the status of accompanying minors – the documents required and the process for obtaining the stance of the other parent
Having explained under which legal circumstances it is possible to regulate the status of accompanying minors in Israel, and provided solutions to situations where a couple is living in Israel but does not fulfill the necessary conditions, we shall explain about the relevant process for inviting accompanying minors, as it appears in the relevant procedure for inviting a foreign partner who is married to an Israeli national.
The documents required
Both partners are required to go to the branch of the Ministry of the Interior relevant to their area of residence and file an application for the minor. The following documents should be attached to the application:
- An original birth certificate for the accompanying minor, together with an apostille stamp and if necessary it should also be translated (if the document is not in Hebrew or English);
- The minor’s foreign passport which is valid for at least two years;
- The stance of the minor’s other parent (as set out in detail in the article linked above)
An accompanying minor above the age of 15
If the minor is older than 15 years, the invited parent will need to provide proof whereby the minor has been in his/her custody for at least two years prior to filing the application for regulating the status of the accompanying minor. The proof will be evidence of actual custody, and proof of legal custody. If proof is not provided as required then the application will be refused.
An accompanying minor above the age of 17.5
If the minor is over the age of 17.5 years when the application for regulation of his status is filed, the application will be sent to the Director of the Department of Visas and Foreigners at the Authority’s headquarters for her decision.
Contact us to obtain assistance in emigration matters
Our office specializes in matters of immigration to Israel and migration for foreign nationals and their families. Arrange a meeting at the law firm in Tel Aviv or Jerusalem to obtain assistance in bringing foreign partners or their children to Israel. The office of Cohen, Decker, Pex and Brosh is at your service and will be happy to help.