Following the enactment of the
Nationality and Entry into Israel Law (Temporary Order) 5763-2003, the Ministry of Interior stopped upgrading the status of residents of the Occupied Palestinian Territories (OPT) whose applications for family unification had been approved by the Minister of Interior and who had been living in Israel by virtue of stay-permits, without status and with no prospect of obtaining status. These individuals have great difficulty finding work in Israel since the permit they are granted reads: “This permit does not constitute a permit to work in Israel”. In order for a Palestinian to get a work permit, an Israeli employer must be willing to file an application for the specific worker. This is a long and complicated process that comes under the Foreign Workers Law 5751-1991 and involves the payment of fees.
On September 13, 2011,
HaMoked petitioned the High Court of Justice (HCJ) requesting it to instruct the Minister of Interior to establish that Palestinians whose family unification applications have been approved and who live in Israel pursuant to stay-permits would be able to work and make a living in Israel without any further process or restriction. In the petition, HaMoked claimed that requiring Palestinians who live in Israel lawfully to undergo the complicated procedure was arbitrary and unreasonable. This procedure was primarily formulated to meet security demands which are irrelevant in the case of Palestinians living in Israel under the family unification procedure, as the permit they receive is granted only after a thorough and comprehensive security screening in the first place and once granted, allows them to move freely inside Israel. HaMoked also argued that the Minister of Interior was violating the principle of equality and wrongfully discriminating Palestinians, compared to other foreign nationals undergoing family unification. Other foreign nationals receive a visa which allows them to reside and work in Israel (B-1 visa) and their employment is not restricted to certain sectors only.
In a
preliminary response, received by HaMoked on November 6, 2012, the State enumerated its objections to the arguments raised by HaMoked in the petition, and yet, declared that
as of January 1, 2013, the stay-permits granted to Palestinians whose family unification application had been approved would be reworded to read “This permit allows its holder to work in Israel”. The State also said that individuals in possession of stay-permits given as part of the family unification procedure would be able to work as salaried employees without any further process. The new permit will affect the lives of many families of Israeli citizens and residents who married OPT residents and have been harmed, inter alia, by the economic component of the Temporary Order.
HaMoked welcomes the expected change, but has requested the petition remain pending until the new permits are granted. HaMoked also asked for a detailed explanation as to how individuals may exchange their current permits for the new ones.
