When a foreign spouse of an Israeli terminates the graduated procedure due to domestic violence – inflicted by the Israeli spouse, there is a special procedure designed to help them obtain status. This is based on the principle that the state does not want someone experiencing abuse in a relationship to remain in it solely due to the need for a visa in Israel. This is referred to as Procedure 5.2.0019.
In cases where the marital relationship has ended and the foreign spouse claims to have suffered domestic violence within the relationship, first, separate interviews will be conducted for both spouses, who will be summoned on different dates to the Ministry of Interior. The interview will be conducted within 45 days from the date of reporting the separation.
During the interview, the foreign spouse’s connection to Israel will be examined. They will be asked about their assets in Israel and abroad, family in Israel and abroad, the duration of their legal stay in Israel, visits abroad, and more.
The foreign spouse must prove that domestic violence occurred before the marital relationship ended.
If the Ministry of Interior is indeed convinced that the marital relationship ended due to domestic violence, there is a significant difference between couples with children and those without. If there is a child, the request will be transferred to the Humanitarian Committee if all of the following conditions are met:
- The couple was in the graduated procedure and in a genuine marital relationship.
- They proved the authenticity of the relationship according to one of the relevant procedures – family unification procedure, cohabitation, or marriage to a permanent resident.
- The foreign spouse managed to prove that they suffered from violence before the marital relationship ended, in one of the following ways:
- A stay of a month or more in a shelter for battered women, or:
- There was a substantiated police complaint about past violence, or:
- A protection order was issued by a court after a hearing in the presence of both parties, or:
- There is confirmation from social services that the spouse is being treated by them due to domestic violence.
- There is a shared child who is in the custody of the foreign spouse or the foreign spouse maintains a close, continuous relationship with them, cares for their needs, and there is a professional opinion from a social worker stating that the foreign spouse’s departure would harm the child.
If the couple does not have a shared child, the case will be transferred to the committee if the following conditions are met:
- The couple started the graduated procedure and were in a genuine relationship.
- The foreign spouse received an A/5 visa and held it for two years or more.
- There was no doubt about the authenticity of the couple’s relationship throughout the procedure.
- The foreign spouse claimed to have suffered from domestic violence before the relationship ended and can prove it in one of the ways mentioned above.
It can be seen, therefore, that the conditions for terminating the procedure for a couple without children due to domestic violence are identical to those of a couple without children in a procedure that was terminated not due to domestic violence, and that there is an additional burden on the spouse who suffered violence – to prove the violence. In practice, there is not much more consideration even if the foreign spouse proves that they suffered from domestic violence; it only increases the chances in cases that reach legal proceedings.
If you are a victim of domestic violence, it is important to contact one of the support centers. For free legal advice in cases of domestic violence for foreign spouses of Israelis to understand the implications of ending the relationship on their status, you can contact our office.
