Immigration and National Insurance Lawyer in Israel – Adv. Tal Shmueli
Atty.Tal Shmueli deals with Israeli immigration law, the status regulation of immigrants and immigrant spouses of Israelis citizens, foreign workers, employment laws & social rights, Infiltrators – asylum seekers and refugees, denied entry of immigrants who was refused to enter to Israel, release from arrests, representation at courts of law
Atty. Shmueli made his apprenticeship at a law firm who specializes in immigration law, immigrant’s regulation and foreign workers in Israel
Atty. Tal Shmueli provides professional and credible counseling and guidance, from the beginning of the process until its end
In addition to immigration and visa services, our firm provides professional and comprehensive legal representation before the Israeli National Insurance Institute (Bituach Leumi). We handle general disability claims, applications for medical tax exemptions, work injury claims, work-related disability claims, representation before medical committees. Our office offers legal support throughout the process, ensuring that each client receives all the rights and benefits to which they are legally entitled in a professional, efficient, and dedicated manner
For a free of charge consultant over the phone, dial 052-4633322
Denied entry to Israel
Thousands of people, who come from different countries and hold foreign passports, arrive to Israel every day.
The traveler’s access is enabled, among other things, by visa that had been previously arranged and/or in accordance to agreements that was set between the country of Israel and the foreign country.
the border control representative have the right to denied the entry of foreigner base on earlier information, lies in the border, arriving to Israel for settlement and from more other reasones…
Arrest and release of foreigners
Foreigners are occasionally arrested by immigration officers, who work on behalf of the Administration of Border Crossings, Population and Immigration.
After the immigration officers finish their inspection, they are deciding whether to sustain or release the foreigner. In case they decide to delay for further investigation, the foreigner will be brought to a border crossing supervisor. After a hearing for the foreigner, the aforementioned supervisor decides if to release the foreigner (sometimes under conditions) or to arrest him/her to a custody facility.
Infiltrators, asylum seeker and refugees
In the past few years, a wave of infiltrators and refugees has come to Israel through Egypt.
The country of Israel has begun to take action of this phenomenon by building a fence. As part of this action the numbers of the infiltrators become less and less.
The government had to check the application’s of the asylum seeker.
In the past this applications were tested by UN representatives, but starting from few years ago this applications are being testing by authorized representatives of the Administration of Border Crossings, Population and Immigration.
Request for visa to Israel
Foreigner’s, who ask to enter Israel, are often required to apply forms for visa prior to their arrival. The request for visa is being fill at the Israeli embassy, placed in the foreign country, or in Israel – by an Israeli.
There are many diffrent reasons for the purpose of the entry to Israel, and the period time of stay.
Transaction permit base on humanitary cases
In some cases, there is a difficult to find a foreign worker in nursing care when actually there are many foreign nursing workers with visa that was expired.
There is option for foreign workers with expired visa, to make an appllication with an employer, for renewal or extension the visa base on humanitarian situation. This process become in order to solve the humanitarian problem and in order to have a foreign worker that can assist the employer.
The Status regulation of foreign spouses
In case of an Israeli citizen that have a foreign spouse or sometimes even choose to marry him or her, they require to arrange the spouse status under the regulation’s of Israel policy.
Before issuing the status (by giving visa) , the Administration of Border Crossings, Population and Immigration test deeply the relationship in order to make sure that this relationship is real.
This test’s are reexamination over an extended period of time.
Employment laws and social rights
Sometimes, foreign workers work for employers who are not filling up after social rights and other payments, which are entitled to the foreign worker by law.
Due to that, the foreign worker’s paycheck and employment terms are negatively affected. As a result, lawsuits are formed against these employers and dregs them to a legal procedure that is not necessary and further expenses.
That is why it is important and worthwhile for the employers, to pay the proper salary including the social rights payments as entitled by law.
Alien employment permit
These days, it is possible to employ foreign workers in some work fields, (such as: nursing, restaurants, agriculture, industry and specialties).
In order to employ aliens, the employer must apply appropriately for a permit to employ an alien.
After receiving the permit, the employer is allowed to employ the foreign worker under the permit’s conditions and terms. It is important to mention and emphasize that this permits are not easily issued and every request for such a permit is being thoroughly and carefully checked by the Administration of Population and Immigration.
D.N.A test
The d.n.a procedure, usually takes place in order to prove the paternity or maternity of minors. The procedure begins with opening a case at a family court of law, and continues with carrying out the tissue examination at one of the suitable hospitals to perform the test. In some cases, when it comes to an Israeli citizen and a foreigner, the country of Israel is considered a side in the procedure, because if the Israeli citizen is proved to be the father or mother of the minor, it entitles the minor to a regulated status in Israel.
פסקי דין והחלטות
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ההחלטה לתת מעמד מטעמים הומניטאריים במקרה זה ניתנה לאחר הליכים שיפוטיים רבים ולאחר זמן רב בו הייתה הנתינה הזרה חסרת מעמד.
משרד עו”ד טל שמואלי העלה בהרחבה הטעמים ההומניטאריים במקרה זה עד שלבסוף הוסדר מעמדה של הנתינה.החלטה בדבר הענקת מעמד מטעמים הומניטאריים
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פסק דין זה ניתן לאחר שהתברר בדיעבד כי בעניינו של הלקוח ניתנה החלטה (אשר לא הובאה לידיעתו בזמן ובסמוך למועד נתינתה) ובעקבות ההליך המשפטי נחשפה עובדת קיומה של ההחלטה.
פסק דין הוצאות
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בהליך זה בחר בית המשפט שלא להתעלם מהראיות הרבות שהוצגו בפניו והמעידים על קיומם של טעמים הומניטאריים. בפסק דינו של בית הדין הוצע למשרד הפנים לבחון את הבקשה בשנית ואת הטעמים ההומניטאריים בצידה.
חלק מפסק דין חלקי בנושא הסדרת מעמד מטעמים הומניטאריים
– צפייה בפסק דין