Termination of Legal-Status Procedures When There Is Violence in the Family

Unfortunately, domestic violence is on the rise in Israel, and is especially problematic for foreign spouses who are applying for Israeli legal status through the graduated procedure. This is because victims of domestic violence fear that they will be deported from the country, which makes these battered wives dependent on their violent husbands for obtaining legal status in Israel. In this article, lawyer Michael Decker, who is experienced in the field of immigration to Israel, explains about the legal implications of these complex cases.

Our law firm, which has branches in Jerusalem and Tel Aviv, specializes in Israeli immigration law. Our lawyers have extensive experience in representing foreign husbands and wives in arranging their Israeli legal status, including in cases of domestic violence.

Domestic Violence Among Mixed Couples

Unfortunately, domestic violence is still a very widespread phenomenon. In Israel, there are approximately 200,000 battered women. This phenomenon is especially problematic when the victims are foreign women who are in a romantic relationship with Israelis and are in the process of arranging their legal status via the Ministry of Interior, since they fear that their ability to remain in Israel depends on their violent partner.

Our firm has assisted many foreign spouses who were in danger of being deported from Israel by the Ministry of Interior after filing a complaint against domestic violence (see an article on this topic in Haaretz news). Knowing what to do and how to protect the rights of these women may help them stay in Israel.

How Do You Initiate a Procedure at the Population Authority In Cases of Domestic Violence?

There are special regulations for dealing with domestic violence during the process of obtaining legal status in Israel. These regulations are mainly relevant when the woman has already begun the graduated procedure and lived in Israel for a long period of time. The regulations require the woman to first prove to the Population and Immigration Authority that domestic violence is present. This means that even before that, the woman must first file a complaint against domestic violence with the relevant authorities.

Proving domestic violence is possible in one of several ways: verifying alleged police evidence; filing a protection order against the husband, after a court hearing in which both spouses were present; staying for at least one month in a women’s shelter; or presenting a certificate from the municipality or Ministry of Social Affairs showing that the couple is recognized or being treated for domestic violence.

The Procedure for Foreign Married Women Who Have Children from their Israeli Husband

If it is decided to terminate the graduated procedure after the couple breaks up and the woman files a complaint, the possibility of allowing the woman to remain in Israel for humanitarian reasons will be examined by a special committee. As a rule, this depends on their marriage having been registered in Israel, the Interior Ministry’s impression that the relationship was sincere, and the children being in the custody of the woman.

What Do You Do When the Foreign Woman Has No Children from the Israeli Spouse and/or Was Not Married to Him?

The regulations stipulate that, in these cases, as well, the woman may be allowed to remain in Israel for humanitarian reasons by the decision of a special committee, on condition that the relationship was sincere and that the woman has a temporary residence visa which she received during the graduated procedure. As a rule, this will be possible if at least half the period for completing the graduated procedure has passed and the woman filed a complaint against violence before breaking the relationship. In these cases, the woman will be interviewed to examine her affinity to Israel and to her country of origin. The interview will also examine the amount of time that the woman has lived in Israel, the legality of her residence in Israel, the level of her assimilation in Israel, the existence of relatives abroad, the existence of assets abroad, and so on.

Important Court Decisions on This Issue

This Supreme Court judgment states, among other things, that affiliation to Israel should not be a significant consideration when examining cases of women who have filed a complaint against domestic violence. Also, what should be considered is the women’s legitimate expectation that their Israeli legal status will be arranged when their relationship has ended through no fault of theirs, but, rather, due to violence that they suffered.

Recently, the Jerusalem Court for Administrative Matters cancelled the decision of the humanitarian committee to deport a Brazilian woman from Israel. The latter had lived for many years with an Israeli husband, who was later accused for assaulting her. The court stated, among other things, that she had developed an affiliation for Israel, and that the violence that she had suffered which led to ending the relationship was not given significant consideration when examining her case.

Contact a Lawyer Who Specializes in Immigration to Israel

In summary, there are many complex aspects to cases of domestic violence against foreign women who are in the graduated process of arranging their Israeli legal status. In these cases, legal assistance is especially important to ensure that the rights of the violence victims are maintained. Our law firm specializes in immigration and legal status for foreign spouses in Israel. We are always ready to provide legal assistance to victims of domestic violence, while maintaining confidentiality and with the required care.