Expiry of permanent residence in Israel
Expiry of permanent residence in Israel – how and why can someone’s Israeli permanent residence status (Toshav Keva) be “cancelled“? Joshua Pex, an Israeli immigration lawyer, will explain how the status of a permanent resident in Israel can be lost. What can be done after the expiry permanent residence status in Israel? Cohen, Decker, Pex, Brosh – an Israeli Immigration Law office in Petach Tikvah – provides legal advice to clients in the central region of Israel, Tel Aviv, Holon, Givatayim, Bnei Brak and the surrounding area. A branch of the office can also be found in Jerusalem.
Who are the permanent residents of Israel?
The definition of a permanent resident according to the laws of the State of Israel and the Population and Immigration Office is that of a non-citizen whose life center is in Israel – the term “life center” meaning the majority of their occupation, residence, family. The combination of these and other tests determined in case law indicates whether someone’s life center is in Israel.
Permanent resident status entitles a person to the right of permanent residence in Israel for the rest of their life, provided they hold a valid visa.
A permanent resident holds an Israeli identity card (Teudat Zehut) just like an Israeli citizen. Permanent residents in Israel are entitled to the rights of health insurance, freedom of occupation and voting for local authorities. The exception to these rights is voting for the Knesset and holding an Israeli passport. These are not granted to holders of a permanent resident visa, but only to Israeli citizens.
There are also obligations, such as enlistment in the IDF that apply to a permanent resident in Israel. Their duties include the obligation to pay taxes, and contribute to national insurance and health services.
As a reminder: a permanent resident is a person whose center of life is in Israel. Therefore, when a person leaves Israel and transfers their center of life abroad, their permanent resident status may expire.
When and how does the Expiry of permanent residence in Israel occur?
The expiry of a permanent resident status in Israel takes place in a number of scenarios. Among these are: the amendment or change in the documents of the permanent visa by a person who is not authorized to do so. Expiry of permanent residence in Israel occurs when:
* The resident stays abroad for a period of at least seven years.
*Upon obtaining a permanent residence permit in another country.
* Upon submission of naturalization application in another country.
* Any case which, based on its merits, brought the Population Authority to the decision that the permit would not be renewed, including any relocation of one’s center of life from the State of Israel.
The results of Expiry of permanent residence in Israel
A person whose permanent license has expired shall be deemed to be a person who is in Israel without a permit. Therefore, under the Entry into Israel Law, the Minister of the Interior (the minister in charge of the Population and Immigration Authority) may issue a deportation order against a person found in Israel without a permanent permit.
What can I do if my residence license has expired?
When the license expires, the person is deemed to have returned to the start of the immigration / residence process. Ergo, if a former resident wishes to renew their permanent resident status, they must must submit a registration application with the Population Authority.
The application must be submitted according to the “Expiration of a permanent residency permit” procedure (n# 5.2.0018).
In order to apply the resident must:
* Be present personally at the Population Registry branch.
*Write a request that correctly detail the circumstances of the matter.
*A fee must be paid for the application as detailed here.
The application is processed as follows:
* Verification and examination of the the applicant’s personal info.
* The applicant is required to prove that the center of their life is indeed in Israel after returning from abroad. The required documents are detailed in the Application Form for the Production of Documents: Center of life in Israel.
* Additional review will be carried out according to the procedures of the Population and Migration Authority.
Note that any exceptional passage abroad for a long period or (alternatively) transferring one’s center of life from Israel to abroad may lead to the expiration of the permanent resident license.
Such a procedure after the expiry of a permanent license may be difficult and full of complicated bureaucratic procedures.
Cohen, Decker, Pex & Brosh – Immigration lawyers to Israel
Our law office in Jerusalem and Petakh Tikva specializes in immigration to Israel. We have a great deal of experience and expertise in handling applications for status in Israel with the Ministry of the Interior. Contact us for legal advice regarding the expiry of permanent residence in Israel or legal help with Population and Immigration Authority applications.