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Parental permission for immigration to Israel with shared custody parent

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Joshua Pex

Required approval / lack of objection on the part of the other parent to their child immigrating to Israel:

Parental permission for immigration to Israel in necessary for a child who is immigrating / obtaining legal status in Israel alongside the other parent. Parents applying for legal status in Israel as the married spouse of an Israeli citizen generally list their children as “accompanying minors”. If the child was born in a previous relationship, with the other parent still sharing custody, the other parent must be consulted beforehand. The consultation is so that they be given a chance to oppose their child being given legal status in Israel or immigrating to Israel. This article, by Joshua Pex, an advocate at Cohen, Decker, Pex, Brosh, a law office in Jerusalem – specializing in immigration to Israel, will help explain how to arrange said consultation.

Required legal documents to attach to the request:

The Israeli Ministry of Interior has a written procedure for a spouse to an Israeli citizen requesting legal status in Israel. Specifically, certain sections deal with requests to obtain legal status in Israel as the spouse of an Israeli citizen when it involves an accompanying minor. When the minor is born of a previous relationship the spouse had, the request must have the following attached:
  1. The minor’s birth certificate; original, authenticated by an Apostille stamp, and translated into Hebrew (a notarized translation is required)
  2. The minor’s foreign passport, valid for at least the next two years.

Confirming the other parents current address in order to request parental permission for immigration to Israel

Parental permission for immigration to Israel

Unless the minor’s other parent resides in a known address in Israel, the parent applying for legal status in Israel for themselves and the minor will be requested to produce a document testifying to the other parent’s current place of residence. The document must be authenticated, complete with notarized translation. This is necessary so that the other parent may provide their possible parental permission for the child’s immigration to Israel. More importantly, the other parent may provide an objection regarding the minor’s immigration to Israel and acquiring of legal status in Israel.

What must the other parent be told regarding the request for parental permission for immigration to Israel?

The other parent must be notified, in writing, at their current place of residence. The notification must note that an request of legal status in Israel involving their child has been submitted, and they have the right to oppose said request. The notification shall query the other parent whether they are opposed to their child immigrating to Israel, and whether they are opposed to their child receiving permanent legal status in Israel. If residing in Israel, they will be notified by the office handling the first parent’s request. If residing abroad, they will be notified by the relevant Israeli consulate. The other parent has six months to make a reply. During the course of these six months, the minor will not receive a permanent legal status, even if their parent in Israel does receive legal status in Israel. If necessary, the minor’s B/2 Tourist visa to Israel will be extended for the period of the reply.

What happens if the other parent denies their parental permission for immigration to Israel?

If the other parent is opposed to the minor’s immigration to Israel, the minor will be requested to leave Israel the moment their visa expires. The visa cannot be extended once the other parent opposes the minor’s immigration.
It is possible that the other parent is opposed to the child receiving permanent legal status in Israel, but not to them immigrating to Israel. In that case, the child may receive an A/5 visa of temporary residence in Israel until they reach the age of 18. This, provided the first parent’s application for legal status is processed successfully.

What happens if the other parent does not object?

If the other parent did not provide an objection within six months, said lack of objection is interpreted as agreement. The other parent thus agrees both to the minor’s immigration to Israel and to the minor gaining permanent legal status in Israel. Under these circumstances, the procedure for granting the minor legal status alongside the first parent proceeds as usual.

What if the other parent has no right to object?

It is possible for the first parent to contend that the other parent is deceased, and / or cannot be contacted by legal means. Alternately, that the first parent may contend they have the sole custody of the child. In this case, the first parent must produce a death certificate / family court verdict attesting to these facts. Either document must be authenticated with an Apostille signature and notarized translation.

What to do if the other parent denies the minor parental permission for immigration to Israel?

Please contact us for more information regarding parental permission for immigration to Israel and general issues regarding minors accompanying their parents when immigrating to Israel:

Parental permission for immigration

 : 03-3724722

            055-9781688

   : office@lawoffice.org.il

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