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Asylum Seeker Deposit

Joshua Pex
Joshua Pex

Stuart Safft

I am delighted to report that my wife and I have just obtained our Israeli citizenship. We will be forever grateful for all of the help, guidance and support which Ariel Galili of Decker, Pex & Co. provided through this process.
I am a Jewish, 80-year-old American, and my wife is not Jewish. We had started the process on our own back in November 2020 via the Jewish Agency and Nefesh B’Nefesh, but soon became entangled in the delays and often-changing regulations due to Covid-19. The pandemic also caused delays in obtaining the required apostilles for various documents from various state agencies and the US State Department.
We found Decker, Pex & Co. On the internet and began working with Ariel in late November 2021. Ariel did a superb job of leading us through the process, helping us to understand which documents were essential, which would most likely be required, and which, though included on the list of required documents, were rarely required. He helped us several times to understand what was likely and unlikely to occur as “the next step.” Helping us manage our expectations was extremely useful to us.
Besides his knowing the laws, regulations and procedures, Ariel also made us feel that he was truly interested in helping us to successfully work through this process in as smooth, timely, and frustration-free manner as possible.
My wife and I strongly recommend anyone planning to go through this process seriously consider hiring Decker, Pex, Ofir & Co. and, specifically, Ariel Galili.

Eden Weiss

Extrmely friendly, professional and helpful. A big thank you to Irina especially from the Jerusalem office. Highly Recommended.

Jacob Newberry

A really excellent firm. They knew exactly how to handle my situation effectively and efficiently, and we got the result I needed without much fuss. Adi Berger was a wonderful advocate for me and I am deeply grateful for her help!

Esty A

I had a consultation with Batya and she was very helpful. She made sure I understood all the information I needed, and was patient with me in gathering documents I needed.

Matthias Oppliger

I have been receiving services from this Law Firm for several years now and I want to say THANK YOU to the team, especially Joshua Pex. They are doing outstanding work. The services I have received for both our Israeli non profit association but also our social business have helped us solve many issues at hand and provided solutions in complicated situations. Personally, I am grateful for support in visa issues as a foreigner living now in Israel for many years.

David De La Rosa

Very friendly, professional, and effective, highly recommended

Dumitrascu Cristina

Best lawyer house from Israel! I couldn’t dealt with my situation without their professionalism and effectiveness. Their dedication to every legal aspect and their drive it’s how a true lawyer house can be!
Working in European market and international now, I couldn’t dare to let myself wide my wings on countries unknown to me. Definitely they’ll be the lawyers representing me, my business at every international aspect and on personal development.
When you hear Decker,Pex,Ofir &Co, you hear 10+ class services, luxurious professionals, confidentiality and exclusive attention to your needs.

Schruuf

We were very pleased and content with the services of this law firm. They supported us 100% and solved our case successfully, we couldn't be happier.

Dongdiet & Nellie

We are very happy with the services. Somehow they managed to translate the law lingo into language we actually understand 😉 and their outstanding YouTube videos helped us to have a better grasp of what process we had to go through. Their patience, clear explanation and experience are very valuable. It's also very nice to know that you will receive response promptly; it made us feel we can really trust their services. We recommend all those looking for immigration lawyers to get in touch.

Adi Katina

Great Team. With no doubt, this office is actually thee best-leading office in Israel. Simply put, if you want your case to win, just join them, hand in your documents, and celebrate the victory.

Kindest regards,
Adi k.

Amir Abt

The best lawyer firm I’ve had dealt with. I would like to thank Anat Levi and Ariel Galili from the Jerusalem branch for all of their efforts and patience, we could not have been Able to reach to where we are now without them

Tomer Hila Birnbach

I received a recommendation from friends about the firm, and indeed every word is correct, a service team, professional, welcoming, a fair price for the work I requested, I am satisfied

Shaltiel Devorah

Mr. Joshua Pex is knowledgeable and Professional. I really appreciate his courteous and direct approach.

Kfir Cohen

We were searching for a law firm that will be honest with us and really work hard for a satisfying result, it wasn't an easy task
We found them online; they were the only law firm from all of our searchings which were completely honest and NOT gave us just what we wanted to hear
Using them guaranteed honesty above all. A legal team that is friendly and cares for a superb result
They really care about helping their customers without any other interest
Nadia gave us service behind what we expected; she was professional which lead to fast and easy process with great result
We definitely recommend using them

Michael and Ariellah Waizman

For Advocate Joshua Pex.

We were in a devastating situation when my wife received an order from the immigration office to leave Israel within 30 days, without any explanation, after we have been married and in the process for six and a half years. We heard of Advocate Pex through a friend of a friend. We contacted Mr. Pex and he was ready to help us when he heard of our situation.

The service is amazing! Always ready to assist without regard to the time it takes. The advice Mr. Pex gave us was great, such as what to do, he gave useful links, and advice about which officials to contact. The price for the service was great!

The process until we received the extension for another year for my wife was not long (3 months). Things started moving once Mr. Pex came into the picture.

We highly recommend Advocate Joshua Pex! We achieved our goal and the fear of deportation has been lifted!

Sveta Vashkevich

We (myself and my husband) came to Mr. Joshua Pex – for his professional advice – and we received such human warmth and caring attitude, that our hearts melted …

His attention to our details and our situation peculiarities, combined with his professionalism and knowledge, helped us to map out what needs to be done on our part: we appreciate and recommend You, Mr. Joshua!

Наталья Мажуга

Great lawyers Joshua Pex and Nechama and Michael Deker who really want to help you and I have very trustful relationships with them. All my cases they took they won. Thank you and let’s keep working together

Alexander P Gutterman

EU PASSPORT ! Big news! Thanks to Michael Decker and the other good people at the law office, as well as to the virtue of my ancestors, the cruelty of the Inquisition, reparations issued in the Iberian Peninsula, and etc, I am delighted to be on track for Portuguese and European Union Citizenship! A truly incredible development and one which brings me deep joy.

Joshua Pex was both an amazing human being and an inspiring human rights attorney. I reported directly to him for various activities I performed as in intern. I was impressed with his incredibly solid character. He is trustworthy, fair, and goes above and beyond to advocate for the vulnerable. He is completely trustworthy and high caliber in his work. His partners and employees are very blessed to work with him. I am honored to know them.

Heather Lebrun

Josh W-S

The firm had a quick response to my last-minute needs, they were helpful in communicating with me in English, and they fulfilled my needs in a timely fashion.

Andreas Kelling

We have been working with Decker, Pex & Co - Law Firm in Tel Aviv for many years very well. Because we appreciated their lawyers services, we recommended businesses and individuals again and again to go there as well.

Israel iluz

We were very satisfied with the service of Nehama. She was very professional in all her dealings and kept us informed all the way.
We highly recommend this law firm. They proved to be reliable, efficient and pleasant to work with.

Priscilla Moses

competent consulting, fast processing, reliable, warm & good team. highly recommended

Halvor Ronning

Courteous, clear, efficient service.

Shurouq Hajyassin

We were very satisfied with the consultation we had.
You were very straightforward with us , You tried to help us in every way you could . we really appreciate that.
And of course the fast reply we got from you on our emails and the appointment you gave us .
You deserve more than 5 stars????

Morgan Jones

The team at Decker, Pex & Co have been awesome to work with in helping our US company establish banking in Israel and in providing counsel for legal needs in Israel. I highly recommend!

Sophie Cooperman

Oded Ger did an excellent job by reviewing a modeling contract I was offered. Explained the bad clauses in the contract, and their possible consequences. Thank you for your amazing job, your professionalism, your consultation and honesty. You showed me from your experience how it can be done differently. It was the best decision choosing you as my lawyer.
I highly recommend this firm, especially Oded Ger.

Lilian Granovsky

I can highly recommend these services!
Every time we turned to Joshua we always got a professional quick and helpful respond.

Greg Olson

We highly recommend Adv. Mike Decker and have know him for many years. He has helped our family with many battles over the years. We recently received our permanent residency after 23 years in Israel. We so much appreciate Mike’s representation of us.

Arielle Bosch

Incredibly knowledgeable, approachable, accessible, and evident across the board that they truly care about the people they are helping. They are quick to respond, engaged, and obviously top-notch lawyers. I couldn't recommend them highly enough. Thank you, Joshua and Itamar for your help with our Joint Life Application. You were a calming energy during a storm - always breathed a sigh of relief after speaking with you. It is so difficult to get straight answers from the Misrad Hapnim, but you guys are straight shooters. I appreciate your candor and evident integrity. Hope to work with you in the future, and will send everyone I know in need of legal aid your way. Thank you for your guidance and support.

Marce Ruth St. Rey

Party time in the heart, my beloved husband received his residence after so much time of battles and faith. Gratitude, God has blessed us with wonderful beings who have accompanied us, including a "precious angel" who touched our hearts, our excellent and fantastic lawyer: Maria Chernin Dekel, sweet and wonderful human being, who has guided us and stayed On our side. side in this intense legal transit whom we bless on every occasion. God bless you dear Maria, you have exceeded your professional duty by containing us and collaborating with us in hard times, very hard, for that we want to thank you publicly, you are unique!!!
We bless and thank the entire team at Decker Pex Tal Ofir Law Firm.

Michael Soffer

I would like to recommend Attorney Yehuda Elcharar. He assisted both me and my company in a complex lawsuit. He handled negotiations that led to a favorable outcome much quicker than expected.

I am extremely pleased with choosing Attorney Elcharar. Many thanks also to the office team, Oz and Chaya, for their assistance throughout the entire process.

Thanks again ????

Michelle Long

Josh has been helping me on and off for a few years now. I have needed legal advice and assistance with immigration due to a complex situation of mine, and he has been extremely available and responsive, honest and clear about my route and how to proceed. Very much recommended!

Lauma Zariņa

This is definitely the best lawyer I know!!! very honest and super helpful he really helped me a lot dealing with immigration issues in Israel and it was very successful!
I highly recommend

Yossi Montrose

Very knowledgeable and professional

Genaan Abdelall

I cannot recommend Nechama enough! Her expertise, professionalism, and dedication to her clients is unparalleled. From the moment I reached out to her, she provided clear and concise communication, and helped me navigate through a complex legal issue with ease.

Throughout the entire process, Nechama went above and beyond to ensure that I was informed and comfortable with every decision. She demonstrated a deep knowledge of the law, and was able to offer sound advice that ultimately led to a positive outcome.

What sets Nechama apart is her compassionate and empathetic approach to her clients. She truly cares about the well-being of her clients, and it shows in the way she handles every case.

If you are in need of a lawyer, I highly recommend Nechama.

lynn vonne

Excellent service, very friendly and helpful, fast responding and very patient. Highly recommend. I will choose them again next time if needed.

Gáspár Erőss

If you need to solve any complicated legal issue in Israel, don't hesitate to contact them. Otherwise you will loose hours/days/weeks with things that they can solve in minutes. They helped me to obtain my expert working visa in Israel and even after that they responded further questions and gave me advices related to administrative issues in Israel which saved me a lot of time. Irena Rosenberg and Michael Decker worked on my case, they are very professional and helpful. They will not let you down, feel free to contact them.

YK C

We had a pleasure of working with Irena Rosenberg who assisted in getting our two U.S. born children registered in Israel and supported visa process for my wife in 2021. During the pandemic, my wife and I decided to move to Israel where I am originally from after living in the U.S. for over 20 years, but we had no idea how to go about securing visas before and after arriving in Israel. Irena is knowledgeable, reliable and competent lawyer who always had answers to all our questions which made us feel confident that everything would be fine with her assistance. We are now happily living in Israel and are so grateful to have Irena who is a genuinely nice person as our lawyer.

Paul Prince

The team of lawyers and assistants are incredibly professional. Aiming to give their clients the advice possible regarding the normative and the law of Israel. With well trained and professional secretary at the front desk to the lawyers team, I could say that I had one of the most professional services possible. I'm super glad of choosing Joshua Pex of Law office for immigration solution, lawyers to advise in my case, to me, it is remarkable.

TarcisioePotira Freitas

I really recommend the law office's services. The service is very professional and efficient, the price is right. I am satisfied with the services I needed and happy to have known them.

Sergei m Vashkevich

We came to Mr. Joshua with so many questions (and most of all, with so many concerns and worries) …

When we explained our case to him, first of all, he calmed us down and helped us to see the big picture, which took away our fears;

Then he presented us with a detailed explanation and a few options to explore, and a timeline, how things work and necessary steps to undertake on our part,

We thank and highly recommend Mr. Joshua for showing us so much empathy, care and professionalism (!)

Prima Lorenzo

I admire the Austrian citizenship team in Tel-Aviv branch! They deserve more then 5 stars!! They are very friendly and professional. I've got Austrian citizenship in 4 months for all family members which consists of 12 people! The entire team is very friendly and responsive. They are always answering questions and support during the process. I recommend to everyone. Was 100% satisfied.

When ‘infiltrators’ work in Israel, their employer is required to set aside part of their salary to a special deposit. As of 2020, the portion is 16% of the asylum seeker’s Israeli salary. This deposit is kept until the foreign worker with the 2(a)5 permit leaves the country. How to withdraw the Asylum Seeker Deposit when the worker leaves Israel?

Our law firm assists asylum seekers and their respective employers in Israel to function legally. In other articles, we explained regarding the rights of asylum seekers and how to employ asylum seekers without breaking the law. Additionally, we explained the legal background to the asylum seeker deposit, and how to withdraw the deposit during the coronavirus pandemic. Attorney Joshua Pex explains about what the asylum seeker deposit is and how to obtain it upon leaving Israel.

Why is some of the asylum seeker’s salary set aside in a deposit?

Asylum Seeker DepositAccording to both Israeli Law and International Law, a person recognized as a refugee receives the right to live and work freely in the country in which they received the recognition. But the vast majority of ‘infiltrators’ that enter Israeli as tourists or that crossed the border illegally and submit a request for asylum, do not receive official refugee status. If they are not immediately deported after their interview with the RSD unit, like asylum seekers who enter the country from the former Soviet Union countries, they remain in the country with a “blue paper” – a 2(a)5 permit. The holder of this permit is not a Permanent or a Temporary Resident of Israel; merely “residing” in Israel while their status is being clarified.

Asylum seekers from countries such as Sudan or Eritrea usually receive ‘collective protection’. Their status isn’t checked on a personal level; rather, anyone that can prove they are the citizen of that country, is granted the status of ‘release under restrictive conditions’ and effectively a kind of permit under article 2(a)(5) of the Entry into Israel law. The Supreme Court decision on the matter determines that although asylum seekers are not legally permitted to work, the country will not enforce this prohibition with relation to employers, de facto enabling asylum seekers to work and make a living.

Regardless, most asylum seekers in Israel aren’t expected to remain in the country and definitely not to retire here. Therefore, an employer contributing to a pension fund or similar fund, won’t assist an asylum seeker. Moreover, such contributions would send the opposite message to the one the State of Israel is seeking to put across.

The deposit is a pension benefits replacement that encourages leaving Israel

The asylum seeker deposit serves a number of purposes. It replaces the pension stipend, severance pay, and other payments that an employee receives upon termination of employment. It provides the asylum seeker with a significant sum of money upon leaving Israel to establish their life elsewhere.

Finally, the deposit serves as an incentive for asylum seekers that would otherwise seek to delay their leaving the country. The asylum seeker will receive the entire sum of the deposit, with the deduction of 15% expenses and income tax, only if they leave Israel at the determined date.

How does the employer set aside the funds in the deposit?

Funds for the deposit are set aside via the Online Deposit Payment for Infiltrator Form. One can use this online form to pay the deposit retroactively, for past months.

All deposit funds are held in designated accounts at Mizrahi Tfahot Bank (Bank 20, Branch 618). The accounts are managed by the Deposits Unit in the Service Administration for Employers and Foreign Workers. This is the Unit the asylum seeker turns to to receive permission to withdraw the deposit.

Can the employer withdraw some of the funds in the deposit?

As detailed above, the deposit can be considered as replacing employer deposits toward pension funds or severance pay. If the employer thinks the employee caused their business financial harm, personal harm or harm to their reputation, they can deduct from the employee’s current salary or sue them for damages. It should be emphasized: the employer cannot withdraw any sum from the infiltrator’s deposit.

On the other hand, we emphasize once more that the State can deduct funds from the deposit if the asylum seeker does not leave the country on the required date. If they leave more than six months after the date, they will receive only 67% of the sum of the deposit, after a 15% deduction of management fees and income tax. If they leave within a month of the required date, they will receive the 67% before leaving, and the remaining 33% after leaving (with 15% deduction). If they leave between one month and six months of the required date, they will receive 67% upon leaving, and a portion of the remaining 33% – a smaller portion as the number of months the asylum seeker remained in Israel increased.

How can one check the funds have been fairly deposited?

The employee can use the Online Service on the Population and Immigration Authority Website. The service is free.

What happens if the employer is not contributing money to the deposit?

It’s important to remember there is no ‘grey zone’ in legally employing asylum seekers. An asylum seeker is an employee just like any foreign worker (includes the right to minimum wage, paid vacation, sick leave, and all the rights of an employee in Israel). If the employer legally registered the employment, the asylum seeker has the rights of any employee in Israel; if the employer is withholding these rights, they can file a case in the Labor Court and receive the funds or compensation they are entitled to. In extreme cases of violation of worker rights, the employer may be fined or even criminally charged.

Of course, if the asylum seeker is employed ‘under the table’ illegally and without a permit, then the employer may receive a heavy fine if it can be proved.

What needs to be done to release an asylum seeker deposit?

The request to release money can be submitted by filling in an online form or by filling in the form by hand, in one of a number of languages, and sending it by mail to the Deposits Unit. The request must be submitted approximately 10 days (no less than 7 but no more than a month) before leaving the country. A copy of an up-to-date passport and a copy of a flight ticket must be attached to the request.

After submitting the request, you will be sent a payment form that must be submitted at the bank at the airport, on the day the worker is leaving the country. The deposit may be received in cash, or to a foreign bank account that is registered under the worker’s name.

What about a worker that left the country without receiving the deposit?

The deposit may be sent to a foreign bank account within two years of the worker leaving Israel. The worker must send the Deposits Unit confirmation of ownership of the account to which they want the money transferred. If the request is submitted by a attorney in Israel, the worker must give them power of attorney.

What about the family of asylum seekers who died in Israel or after they left Israel, without receiving the deposit?

The heirs of an asylum seeker that worked in Israel have the right to receive the deposit funds. These heirs may be the spouse children, parents, or other heirs by law. To receive the deposit funds they are required to follow the procedure of inheritance in Israel when the testator dies abroad. Of course they must also prove their family connection to the deceased.

Contact us for Legal advice and representation

Asylum seekers or employers of foreign workers that are facing legal issues – we are at your service. Whether the subject is Labor Law or Immigration Law, our Law Firm will be happy to assist you. We can help submit appeals on rejection of requests for asylum, or to approach employers and prepare a submission to Labor Court regarding salary payments or deposit payments. Call us to set up a meeting with an attorney in Tel Aviv or Jerusalem.


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