Applying for Partner Visa While Having Another Visa

This post is relevant for international couples where the foreign partner is residing in Israel on a visa unrelated to their relationship. Typically, foreigners living in Israel prior to their relationship hold a B1 restricted work visa (such as caregiving, construction, agriculture, or expert) or an A2 student visa.

What Happens to My Current Visa After I Apply for a Partner Visa?

Unfortunately, there are contradictions regarding pre-existing visas in the partner visa procedures (including 5.2.0008, 5.2.0009, and 5.2.0011). These contradictions stem from two clauses:

Restriction on Submitting Two Parallel Visa Applications

All procedures state that an applicant cannot have two active visa applications at the same time. They must choose one and close the other. This means that if you have already submitted an application for a restricted work visa, a student visa, or any other visa (except for refugee, Aliyah, or conversion applications) and then apply for a partner visa, you must choose one application and withdraw the other.

Due to this clause, PIBA will sometime require applicants to give up their existing visa when applying for a partner visa, and grant the applicant a B2 tourist visa instead.

AIC opposes this interpretation of the procedure. AIC’s position is that this clause applies only when neither visa has been granted, meaning both applications are still under review. In such cases, PIBA will not process both applications simultaneously, requiring applicants to choose one.

Existing Visas Will Be Extended

According to this clause, if an applicant holds a valid visa at the time of applying for a partner visa, PIBA will extend the existing visa until a decision is made on the partner visa application. Additionally, if the applicant does not hold a valid visa, a remark will be added to their file indicating that a partner visa application has been submitted, and they cannot be deported until a decision is reached.

The clause is general, and it is followed by specific conditions and exceptions:

• B1 caregiving visa (currently employed): The B/1 visa will be extended if the applicant submits a written statement from their employer confirming they are aware of the partner visa application and agreeing to continue employment.
• B1 caregiving visa (not employed): If the applicant holds a valid B1 visa but is no longer employed, the visa will not be extended and will instead be downgraded to a B2 tourist visa.
• Previous partner visa: If the applicant still holds a valid visa from a previous gradual process, it will be canceled according to procedure 5.2.0017, and they will receive a B2 visa until a decision is made on their current application.

Based on the logic outlined in this clause, AIC’s position is that PIBA must not downgrade a person’s visa status while their partner visa application is being processed. If a person holds a student visa or a B1 restricted work visa and continues to study or work in accordance with the original visa conditions, PIBA should extend the existing visa.

This clause should also apply to tourist visas. If a person applies for a partner visa while holding a valid B2 tourist visa, PIBA should extend the tourist visa until a final decision is made about a partner visa. However, extending a tourist visa may be problematic if the applicant did not enter Israel according to the partner visa procedure, which requires prior entry clearance.

What If My Visa Is Expiring or Expired?

If your visa is about to expire and you plan to apply for a partner visa with your Israeli partner, you should submit your application before your visa expires. After applying, visit PIBA as soon as possible to settle your status while your current visa is still valid.

If your visa has already expired, you are staying in Israel without legal status. As explained above, once you submit a partner visa application, you are protected from deportation until a decision is made on your application. Despite this, staying in Israel illegally before applying can complicate your partner visa process. PIBA may view this as a violation of immigration laws, become more skeptical of your relationship, and perceive your application as a last resort to remain in Israel.

To avoid these complications, always make sure your visa extension is arranged on time and that your status does not expire.