Legal

Under the Law of Return - 1948, Jews from all over the world are entitled to settle in Israel and obtain Israeli citizenship.

The Law of Entrance into Israel of 1952, and the Regulations of Entrance into Israel of 1974 regulate the entry of foreign nationals in Israel and the conditions of the various visas that may be obtained.

Visas and work permits in Israel

1. Visitor's Visas

According to sec. 5 of the Regulations of Entrance into Israel of 1974 (hereinafter: "the regulations") 4 different types of visitor's visas may be issued: B/1, B/2, B/3 and B/4.

B/1- Is issued to foreign nationals who wish to work and receive remuneration in Israel on a temporary basis:
Sec.5 (a) "A person requesting to enter Israel in order to work in Israel, temporarily for a salary shall submit a request for a visa and permit type B/1. (temporary worker); an employer in Israel is entitled to submit the above request for a foreign worker which it wishes to employ."
B/2- Is issued to foreign nationals who wish to visit Israel for any purpose other than work (with or without income). This is a typical tourist visa.
Sec.5 (b) "A person requesting to enter Israel for a visit or for any other purpose which requires only a short stay in Israel, excluding for the purpose of employment, whether for salary or without a salary, shall submit a request for a visa and permit type B/2 (tourist)."
B/3- Is issued to foreign nationals whose entry status in not clear. This visa is of limited duration (one month) until the entry status is classified and the entry visa is reclassified.
Sec.5 (c)(1) "The Minister is entitled to grant a person, whose entry status is not clear, a visa and permit type B/3.(entry in doubt) for a period for no more that one month."
Sec.5 (c)(2) "A person who has received a visa and permit type B/3 shall approach, within the visa period, the office of immigration office and registry for clarification of his status."
B/4- Is issued to foreign nationals who wish to volunteer (work without earnings in Israel)
Sec.5 (d) "A person requesting to enter Israel in order to work in Israel, temporarily without a salary shall submit a request for a visa and permit type B/4 (volunteer); an employer in Israel is entitled to submit the above request for a foreign worker which has volunteered to work for him."
Sec.5 (e) "An employer which has submitted such a request for such a foreign resident as specified in sub-sections (a) and (d) shall be responsible for his departure from Israel at the end of his employment.

2. Temporary Residence Visa

According to Sec. 6 of the regulations five different types of temporary residence visas may be issued: A/1, A/2, A/3, A/4, and A/5.

A/1- Is issued to Jewish new immigrants who wish to apply for Israeli citizenship
Sec.6 (a) "A person entitled to a new immigrant visa or permit according to the Law of Return-1950 and wishes to stay in Israel for up to 3 years, in order to consider the possibility and the conditions for settling in Israel as new immigrant, is entitled to request a temporary resident visa and permit type A/1 (immigrant)."
A/2- Is issued to foreign nationals who wish to stay in Israel for purposes of studies.
Sec.6 (b)(1) "A person wishing to stay in Israel for the purpose of studying or for advanced studies, is entitled to request a temporary resident visa and permit type A/2 (student)."
Sec.6 (b)(2) "The applicant shall submit:
(a)A confirmation from the educational, or advanced studies institution that the applicant has been excepted as a student. or evidence, satisfactory to the Minister that the applicant is intending to study in Israel.
(b)Evidence, satisfactory to the Minister that the student has the means to cover his costs while he is in Israel."
Sec.6 (b)(3) "The above request can be submitted by the student himself, his legal guardian, or any other person responsible for his maintenance or by the educational institution where he plans to study."
A/3- Is issued to clergymen who are invited to Israel by a religious institute. The visa is applied for by the institute.
Sec.6 (c) "A clergyman wishing to stay in Israel for the purpose of fulfilling a clergy position in his community in Israel by the invitation of a religious institution in Israel, the religious institution may submit for him a request for a temporary resident visa and permit type A/3 (clergyman). The institution shall notify the office of the entry of the clergyman into Israel and shall be responsible for his departure from Israel at the end of his assignment."
A/4- Is issued to first degree relatives of an A/2 of A/3 class visa holder (spouse or children)
Sec.6 (d) "A person wishing to stay in Israel who is a relative of a person holding a permanent resident permit and visa of the types specified in subsection (b) and (c), is entitled to request a temporary resident visa and permit type A/4 (relative) , in this subsection a relative is a spouse or a child who is a minor."
A/5- Is issued to foreign nationals wishing to stay in Israel for any other reason not mentioned above.
Sec.6 (e) "A person wishing to stay in Israel according to a temporary resident visa and permit for a purpose not mentioned in subsections (a) till (d), is entitled to request a temporary resident visa and permit type A/5 (temporary-general)."

According to sec 13 of the regulations:

Sec.13(a) "A holder of a visa and permit types B/2 or B/3 or temporary resident type A/2 or A/4 shall not accept employment in Israel, unless permitted by the Minister."
Sec.13(b) "An employer shall not employ in Israel a person holding the types of visas and permits specified in sec (a) unless the holder of such a visa has received a permit from the Minister to work in Israel."

According to the Exemption Order of 1974 citizens holding a passport of one of the countries stated in the addendum are exempted from obtaining transit and tourist visas B/1 for a period of up to 3 months.
Japan is included in the list.

3. Conclusion

In conclusion all foreign personnel require a B-1 work permit in order to work in Israel. The law does not differentiate between Israeli employers or foreign employers, rather the law applies to all foreign workers wishing to work with an employer in Israel. This visa may be granted by an Israeli consulate in the foreign personnel's home country or in Israel, after arrival, by the Immigration Ministry in conjunction with the employment service. It takes minimum 30 days to obtain the work permit visa from the time of filing all the relevant documents.

4. Penalties

  1. According to sec. 12 of the Law of Entry into Israel- 1952 a person entering Israel without a permit, or giving false information, or committing a breach of one of the conditions of his entry permit, or committing a breach of another provision under the law or the regulations is committing an offense and the punishment is one year imprisonment.
    According to sec. 12 d. such a person can be deported.
  2. According to section 2 of the Foreign Workers Law (unlawful employment)- 1991 (hereinafter: "the law") an employer who employs a foreign worker who does not hold a valid permit shall pay a fine defined in sec 61 (a) (2) of the Criminal Law- 1977 of 19,300 Shekels and according to sec. 61 (c) of the Criminal Law shall pay an additional 3,880 Shekels for each worker for everyday that the offense continues.
  3. According to sec 5 of the law if the offense was committed by a corporation, the active manager and any executive or clerk who was responsible for the matter, shall be charged with the offense, unless it has proven that the offense was committed without their knowledge or that they have taken all the necessary measures to prevent its occurrence.

Back to Top >>>