A foreign worker who wants to continue working in Israel after she gives birth needs to arrange her living and working permits.
- A foreign worker who gave birth during her first 63 months of working in Israel is entitled to choose whether to leave the country with the child and then return to work in Israel without the child or continue to stay in Israel with the child until the end of 63 months from the day she first received a B / 1 visitor visa.
- A foreign worker who gave birth after she has worked 63 months in Israel is required to leave the country with the child after her maternity leave. Despite this, in cases of foreign nursing care workers, if the most recent employer wants to continue employing the foreign worker, she may return to Israel without the child.
Who is Eligible?
- A foreign worker that legally enters Israel to work and meets one of the following conditions at the time she gives birth:
- She is residing in Israel on a valid work visa.
- She is residing in Israel during a 90 day period in which she is looking for a new employer.
How to Claim It?
- A worker who is interested in staying in Israel with her child until her 63 months of work in Israel are up or who wants to leave Israel with the child and return to work in Israel (before/after the 63 months are complete) must go to the Population and Immigration Authority and submit a request for a B/2 visa (permit to stay in Israel without working) that is valid for 14 weeks from the day she gives birth.
- The request should be submitted on a Request to extend residency permit (AS/3) form.
- The following documents should be submitted with the request:
- The worker's foreign passport that is valid for 3 months beyond the period she is requesting the visa for.
- Two up to date pictures of the worker.
- Medical documents proving she is pregnant or gave birth in Israel.
- Receipt that the request fee was paid - the service requires a fee as specified in this chart (regarding for AS/3).
- If the woman wishes to stay in Israel with the child she must also:
- Register the child on her passport and have the Population and Immigration Authority issue a "proof of birth."
- Request a passport for the child from her home country's representative.
- Present proof of the medical insurance for the child to the Population and Immigration Aithority.
- Deposit a security that will guarantee that she leaves Israel with the child at the end of the period of her work permit.
- A security amount of up to 19,999 NIS may be required at the time she extends her work visa.
- The security requirement will be determined after examining all the circumstances of the employee, including her time in Israel, the length of her work with the employer seeking to arrange her employment after the birth, the background of illegal residence, frequency of employer change, child's age, when she informed about the birth etc.
- If necessary, when her work visa is extended, she may also have to extend the time period for which the security deposit is valid.
A worker who gave birth after 63 months of work
- A worker (in all fields) who gave birth after 63 months of work must leave the country within 14 weeks from the date she gives birth.
- If she is a nursing care worker she can return to Israel and work only with the last legal employer who employed her, provided that the employer wants to do so.
- If the request is submitted before the worker and the child leave the country, the worker can receive (for herself only) a pre-arranged entry visa, which will be valid for up to 90 days from the date of her departure.
- If the request is submitted after the departure of the worker and the child from Israel, the employer or his representative must contact the Population and Immigration Authority office for an invitation for the worker to return to Israel. After the request is approved, the office will give appropriate notice to the consulate in order to arrange the visa.
A worker who have birth before 63 months of work were completed and chose to stay in Israel with her child
- A worker (in all fields) who is legally associated with an employer who has a valid employment permit may obtain a B / 1 residence and work visa to continue working for the employer, in accordance with the Population and Immigration Authority's procedures, provided that a letter is provided from the employer stating that he aware that the child is staying in Israel with the worker.
- A worker who is not legally assigned to an employer:
- If the worker is a nursing care worker who gave birth before the end of 51 months of work in Israel, her permit can be extended on a B / 2 visa (which does not allow her to work) for another 90 days, in order for her to find a new employer in accordance with the Population and Immigration Authority procedures. A nursing care worker who gave birth after completing 51 months of work in Israel and is not continuing to work for her last employer must leave Israel.
- If the worker is a non-nursing care worker who gave birth at any time prior to the end of 63 months of work, her permit can be extended on a B / 2 visa (which does not allow her to work) for another 90 days in order for her to find a new employer in accordance the Population and Immigration Authority procedures.
- The continued stay of the worker in Israel with her child is contingent on her practical ability to balance the duties of her work with the needs of caring for her child and the existence of suitable conditions for such integration in her workplace.
- In any case, the worker's work permit may only be extended up to the end of the 63 months from the date she received B / 1 residency visa for the first time. At the end of 63 months, the worker is obligated to leave Israel with the child (except in exceptional cases where the employer of a nursing caregiver has submitted a request for a special extension of her work visa, together with a medical or social work opinion stating that her leaving may cause severe injury to the patient).
- If the spouse of the worker or father of the child is a foreign national (ie, not a resident of Israel), the worker may obtain a visitor's permit or a work visa only if he is not in Israel. If he is in Israel, one of them (the foreign worker or the spouse / father of the child) will be forced to leave the country.
- The child will be entitled to a B / 2 visa for the period of time that his mother's visa is valid. The worker must sign a declaration clarifying the status of the child in front of an Authority employee.
- If the worker wishes to extend the maternity leave (for example to [[Unpaid Leave Following Maternity Leave for Foreign Workers|take unpaid leave after childbirth), she must request an extension of the B / 2 visa for the duration of the period of unpaid leave.
A worker who gave birth before 63 months of work were completed and chose to leave Israel
- If the worker chooses to leave Israel with the child, she must do so by the end of 14 weeks from the date of birth.
- She can then return to Israel (without the child) for work, and she will be entitled to a re-entry permit and a B/2 visa (which does not allow her work) that she will have to use (ie, enter Israel for work) within one year of the date of birth.
- In the event that the employee wishes to leave Israel for a short period of time not exceeding 90 days:
- If she is already connected to an employer who has a valid employment permit and wishes to continue her employment, she will be able to obtain a B/1 visa that allows her to continue working for him and a re-entry visa that she must take advantage of within 90 days.
- If she is not connected to an employer, she can request a B / 2 visa that includes an entry visa for up to 90 days and can be extended for an additional 90 days after she enters the country, which will give her time to arrange her status in accordance with the Population and Immigration Authority procedures.
- A nursing care worker who gave birth after 51 months of work in Israel and chose to leave Israel with her child, can return to Israel for work only to work for her most recent employer, on condition that she presents a letter from the employer stating such.
- The period in which the worker stayed abroad will be counted in the maximum number of months for which a visa to stay and work (B / 1) can be approved.
- Cancellation of the procedure that required a foreign worker who gave birth to leave Israel with her baby
Aid Organizations for Foreign Workers
- Worker's Hotline
- Hotline for Refugees and Migrants
- Mesila - Center for Information and Assistance for Migrant Workers and Asylum Seekers living in Tel Aviv
- Schar Mitzva - Voluntary Legal Aid for the Poor
- Physicians for Human Rights - Israel
- The Association for Civil Rights in Israel
Aid Organizations for Employers of Foreign Workers
Laws and Regulations
- The Population and Immigration Authority Procedure no. 5.3.0023 from 20.05.2013 - Procedure for foreign workers that are pregnant and give birth in Israel.
- Rights Guide for Foreign Workers 2013 - The Population and Immigration Authority
English translation and maintenance by The Shira Pransky Project.