Introduction:

Foreign workers who are asylum seekers are entitled to receive all of the funds deposited by their employer, if they leave Israel permanently before the date they are required to
The deposit amount includes all of the money deposited plus the profits made on it and minus deductions for account management expenses and income tax of 15%
A fine is deducted from the deposit of a foreign worker who stays illegally in Israel after he is required to leave.. The fine is based on the length of his illegal stay
If a foreign worker that is an asylum seeker is entitled to deposit money and passes away, the money is transferred to someone that can prove to be the worker's spouse or child or parent or next of kin

As of 01.05.2017, employers of foreign workers who are asylum seekers are required to make direct monthly deposits to a separate bank account in the amount equal to 36% of the worker's salary (beginning on 01.11.2018, the monthly deposit for certain groups is only 22% of of the worker's monthly wage).

  • An asylum seeker worker that leaves Israel permanently when his permitted period ends is entitled to receive all of the money in the security deposit when he leaves.
  • The deposit amount includes all of the money deposited plus the profits made on it and minus deductions for account management expenses and income tax of 15%.
  • A fine is deducted from the deposit of a foreign worker who stays illegally in Israel after he is required to leave.. The fine is based on the length of his illegal stay.

Target Audience and Prerequisites

  • Foreign workers that are asylum seekers that have left or are about to leave Israel permanently whose employers made the legally required deposits for them.

Deposit amount that a foreign workers that is an asylum seeker is entitled to receive

An asylum seeker that leaves Israel permanently by the date he is required to leave

  • An asylum seeker worker who permanently leaves Israel, according to the final court order or message from the Interior Ministry or Population and Population and Immigration Authority Director, upon his departure from Israel, is entitled to receive all the money deposited by his employer plus profits and minus the deduction for account management expenses and income tax of 15%.

An asylum seeker who leaves Israel permanently after the date that he is required to leave

  • An asylum seeker who left Israel more than 6 months after the date he was supposed to leave - an asylum seeker who left the country permanently after more than six months from the time he was required to leave Israel (that is, more than 6 months from the date on which he had to leave as determined in a final decision that can not be appealed, or by notification from the Interior Ministry or the Population and Immigration Authority director) is entitled to 67% of the deposit money deposited in his deposit account plus profits and less account expenses and income tax of 15%.
  • An asylum seeker who left Israel within 6 months from the date on which he was required to leave Israel - an asylum seeker who left the country permanently within six months of the date he was required to leave Israel, is entitled to the cumulative deposit amount as follows:
    • 67% of the deposit money that was deposited in his account plus profits and less account expenses and income tax of 15%.
    • A portion of the balance of the deposited amount - In addition to 67% of the amount of the deposit, the asylum seeker worker is entitled to part of the balance remaining in the the deposit account (33% of the deposit money) after the deduction of the expenses to expel the worker from Israel (if he was expelled) and based on the number of months he delayed leaving the country:
Period of delay in leaving Israel Amount of the deposited funds that the asylum seeker is entitled to (account expenses and income tax are deducted from these amounts)
Up to one month 67% of the deposited funds and 100% of the balance after expulsion costs are deducted).
Between 1 and 2 months 67% of the deposited funds and 75% of the balance after expulsion costs are deducted).
Between 2 and 3 months 67% of the deposited funds and 65% of the balance after expulsion costs are deducted).
Between 3 and 4 months 67% of the deposited funds and 50% of the balance after expulsion costs are deducted).
Between 4 and 5 months 67% of the deposited funds and 35% of the balance after expulsion costs are deducted).
Between 5 and 6 months 67% of the deposited funds and 20% of the balance after expulsion costs are deducted).
Over 6 months Only 67% of the deposited funds.
  • Account expenses and income tax of 15% are deducted from the balance amount that the asylum seeker receives.
Example
  • The deposit account for the asylum seeker has 10,000 NIS.
  • According to an unappealable court ruling, the asylum seeker was required to leave Israel on 31.12.2016 but he only left 3.5 months after that, on 15.04.2017.
  • The asylum seeker is entitled to 67% of the 10,000 NIS, a total of 6700 NIS, and then with the deduction of account expenses and 15% income tax.
  • 3,300 NIS remain in the deposit account.
  • Because the asylum seeker left Israel 3.5 months after he was supposed to he is entitled to 50% of the balance that is in the account, a total of 1,650 NIS (50% x 3,300), and then with the deduction of account expenses and 15% income tax.
  • The asylum seeker is entitled to a total of 8,350 NIS from the deposited account (6,700+1,650) and then with the deduction of account expenses and 15% income tax.
Example
  • The same givens as the example above but in this case there was an additional cost of 2,000 NIS that the employer had to pay to expel the asylum seeker from the country.
  • In this case the asylum seeker is entitled to the following amount from the deposited funds:
    • 67% of the 10,000 NIS, a total of 6700 NIS, and then with the deduction of account expenses and 15% income tax.
    • 2000 NIS for the expulsion expenses is deducted from the balance of 3,300 NIS.
    • Of the remaining 1,300 NIS, the asylum seeker is entitled to 50%, a total of 650 NIS, and then with the deduction of account expenses and 15% income tax.
  • The asylum seeker is entitled to a total of 7,350 NIS of the deposited funds (6,700 + 650), and then with the deduction of account expenses and 15% income tax.
  • An asylum seeker who remains in Israel after the period in which he is required to leave the country, and for which the amount of the deposit has been reduced, may submit a request to reduce the period of delay in leaving Israel that his deposit money is less affected, as detailed below.
  • Stages of the Process

    Paying the deposited funds to an foreign worker who is an asylum seeker who is about to leave Israel

    • In order to receive the deposited funds, the foreign worker should fill out a deposit funds release form and submit it in one of the following two ways:
    • The request should be submitted at least 7 days before the worker is scheduled to leave the country but no more than 30 days before the departure date (the Population and Immigration Authority recommends 10 days before).
    • The foreign worker asylum seeker needs to state his projected departure date on the form and attach the following documents:
      • Copy of the worker's passport or other travel document that is approved by the deposit directo in the deposit unit.
      • Copy of the worker's plane ticket.
    • After the request is examined and approved, a payment order will be issued to the worker (via the employer, by email or by fax as requested by the worker), and to the bank.
    • Upon permanently leaving the country, and once the worker has passed the airport's border control, the worker must approach the bank's branch at the airport and present the payment order given to him to receive his deposit money.
    • The funds will be given to the worker in cash or by bank transfer to the bank account that is being held in his name abroad.
    • Transfer fees will be deducted from the amount paid to a worker for a bank transfer done to a foreign bank account abroad.

    Payment to an asylum seeker who already left Israel

    • A foreign worker who is an asylum seeker that leaves Israel permanently without requesting that his money be released in the process described above, will be paid the deposit money by bank transfer to the bank account in his name abroad.
    • The bank transfer to a bank account abroad, in the name of the worker, is done within 30 days from the day the unit became aware that the worker left Israel.
    • The asylum seeker is responsible for providing exact details of his bank account abroad to the deposit unit via email , along with official documentation from the bank. If the complete details are not provided, the transfer will be made within 30 days from when the deposit unit receives accurate account information.

    Releasing deposit funds of an asylum seeker that passed away

    • The deposit money of a foreign worker, asylum seeker, who died before leaving Israel and who was entitled to the deposit money will be transferred to a person who proves to be his spouse.
    • If the worker does not have a spouse, the deposit money will be transferred to a person who proves to be his child.
    • If the worker does not have a child, the deposit money will be transferred to a person who proves to be his parent.
    • If the worker does not have a parent, the deposit money will be transferred to the person determined to be the heir of the worker.
    • In all of these cases, a request must be submitted to the Deposits Unit by email to , and the following documents must be attached to the form:
      • If the applicant is contacting the unit through a proxy then a legally mandated power of attorney is required,
      • A photocopy of applicant's passport,
      • A photocopy of the identity card of the applicant in his country of origin,
      • A marriage certificate (in the case of a couple).
      • A birth certificate or other public certificate that proves paternity (in the case of a parent).
      • An inheritance order, court ruling or court decision, a Beit Din or Inheritance Authority document proving that the requestor is an heir of the asylum seeker (in the case of an heir).
      • Any other official documents from Israel or the worker's country of origin that prove the requestor is a spouse, parent, child or heir of the deceased asylum seeker.
      • Bank documents containing bank account information of the account held abroad by the requestor.
    • Documents issued abroad that are required to prove a family connection or to prove the identity of the heirs of the deceased worker, as well as a power of attorney if the application of the family or heirs is submitted through an attorney, must be verified in accordance with article 30 of the Evidence Ordinance (with the approval of the parties issuing the documents or verification of witnesses before an Israeli diplomatic or consular representative or a public notary), and must be submitted with a notarized translation into Hebrew.
    • If the requestor is abroad and is not making his request through an attorney, he must submit the request to Israeli representatives abroad.
    • If the requestor proves that he is indeed the spouse, child, parent or heir of the deceased asylum seeker, the deposit unit shall approve the transfer of the deposit funds to the requestor. The cost of the bank transfer is deducted from the amount of the deposit paid.
    • If the deposit unit denies the request, the requestor can submit an appeal as explained below.

    Appeals

    • A foreign worker asylum seeker who has been taxed for staying without a permit may submit an application within 18 months from the end of his legal residence period, to reduce the period of delay in leaving Israel which is to his detriment and to reduce the fine.
      • The application should be sent to the Deposits Unit via email at .
      • In the context of the application, the worker must convince the unit that he did not leave Israel until the end of the his permitted period in good faith, or due to an error or due to necessity.
      • If the director of the deposits unit rejects the application, the worker may file an internal appeal within 21 days to the director of the Payments Section in the Service Administration for Employers and Foreign Workers via email at or via fax 02-9959055 , and the appeal will be passed on to the Office of Employee and Foreign Workers' Services payment unit director.
      • If the internal appeal is also rejected, the employee may submit an administrative petition within 45 days to the Administrative Affairs Court in Jerusalem.
      • It is recommended to see legal counsel from an attorney before submitting the appeal.
    • In the event of the death of the foreign worker and a request of the spouse or child or parent or heir to receive the deposit has been rejected, each of them may file an internal appeal within 21 days from the date of the decision to the director of the Payments Section in the Service Administration for Employers and Foreign Workers via email at or via fax 02-9959055 , and the appeal will be passed on to the Office of Employee and Foreign Workers' Services payment unit director.
      • If the internal appeal is also rejected, the person who submitted the appeal may file an administrative petition within 45 days to the Administrative Affairs Court in Jerusalem.
      • It is recommended to see legal counsel from an attorney before submitting the appeal.

    Deposit funds that are not withdrawn by the foreign worker asylum seeker

     *Deposited funds that are not withdrawn by the asylum seeker (with the exception of a case in which he passed away) after 2 years have passed since the asylum seeker was required to leave Israel, will be used for the welfare and health of asylum seekers.

    Please Note

    • A foreign worker, asylum seeker is entitled to ask the Deposit Unit, by email at , written information about the money deposited on his behalf, including information regarding the employer's payments, the deposit amounts, accrued profits, commissions and deducted management fees.

    Laws and Regulations

    Credits