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Entry into and exit from Israel | The Faculty of Law

Entry into and exit from Israel

Foreigners

Entry and sojourn

  • Prohibition on entry of foreigners: Since 12 March 2020 non-resident foreign nationals have denied entry to Israel, pursuant to the Minister of Interior decision. Permission to enter was to be considered for foreign nationals who could prove that they have a place and are able to go into a 14-day isolation.[1] On 18 March 2020, the ban was expanded so that foreign nationals were barred even if they have proven the ability to stay in quarantine.[2]
  • Extension of visas: Starting 16 March 2020, the Population and Immigration Authority announced that visas of various types expiring from 12 March 2020 would be automatically extended until 30 June 2020.[3] Additional extensions was later granted until 31 August 2020,[4] and 30 March 2021.[5] Other than in exceptional circumstances,[6] tourist visas (B2) have not been automatically extended.[7] Tourist visas falling within specific categories were extended automatically until 30 June 2020.  
     
  • Restrictions on entry: On 5 February 2021 the GoI adopted regulations on entry into and exit from Israel.[8] The regulations prohibit entry by non-resident foreign nationals other than by exceptional permit granted on an enumerated list of 4 grounds.[9] The list exceptions has been modified, for example to allow entry of foreign workers necessary for the purpose of maintaining the functional continuity of the economy.

Exit

  • Restrictions on exit for persons required to self isolate: Under regulations of 14 August 2020, persons required to self isolate are not permitted to exit Israel.[10] To ensure this, information was to be transferred from the health systems to the border control systems regarding persons required to self isolate.[11] Foreign nationals leaving Israel before the end of their mandated isolation period without special permission would be in violation of the laws of the State of Israel and would not be approved entry to Israel on their return. A list of states from which entry is entirely prohibited has been modified from time to time.[12]

 

Diplomats

  • Exclusion from exit restrictions: On 1 October 2020 the regulations limiting exit of non-resident foreign nationals were amended to exclude holders of foreign diplomatic or service passports, diplomatic or service visas, UN travel documents or persons registered in the Ministry of Foreign Affairs as diplomatic or consular staff or officers of international organisations.[13]
     
  • Family members of international employees (international organisations) who hold a Type 2 residence permit (B2) are required to apply for an extension.[14]
     
  • Exclusion from travel destination restrictions: On 30 April 2021 the GoI adopted regulations prohibiting exit from Israel to a list of enumerated states, other than by exceptional permit. Israeli Diplomats and holders of foreign diplomatic or service passports, diplomatic or service visas, or persons registered in the Ministry of Foreign Affairs as diplomatic or consular staff were excluded from these regulations.[15]
     
  • Exclusion from border crossing restrictions: From time to time the minister of interior declared the temporary closure of land border crossings. On 5 February 2021 the GoI adopted Regulation restricting exit from Israel through specific land border crossings.[16] Diplomats have since been exempted from these restrictions.[17]

 

Nationals and permanent residents

  • Legislative framework: On 4 February 2021 the Temporary Provision Law was amended,[18] empowering the government to limit, during a SEdC, entry into Israel and exit from it, except for the exit of non-national non-residents. According to the amendment, such limitations may be permitted only if the government is convinced, based on an epidemiological opinion by the ministry of health, relating to morbidity  rates outside Israel, that there is an increased risk of arrival of infected persons to Israel, and that their entry may cause a significant exacerbation of the  morbidity level in Israel; that there are no alternative means; and only if the government has considered the need for such limitations against the right to entry into Israel and exit from it. The Law establishes an exceptions committee to consider individual cases. 

Exit

  • Restrictions on exit: On 5 February 2021 the GoI adopted regulations imposing a general prohibition on exit from Israel extending to Israeli nationals and Israeli residents (unless residing abroad), other than by individual permit from an exceptions committee.[19] According to the regulations exit permits could be available on an enumerated list of 7 enumerated grounds.[20] The regulations expired on 20 March 2021.[21]

Entry

  • Restrictions on entry: According to the same regulations, no person could enter Israel other than by permit granted by the exceptions committee. Such permits could be available to Israeli nationals or permanent residents, as well as to spouses or parents of Israeli nationals or permanent residents, on an enumerated list of 8 grounds.[22] Over the course of the following month the exceptions were modified.
  • On 18 February 2021 the regulations were amended (effective 21 February) to allow pubic flights to or from New York and Frankfurt, as well as non-public flights receiving permission and required for the takin management of Israel’s foreign relations or national security; for carrying professional sportspersons to an international competitive event; for bringing olim (immigrants eligible for citizenship under Israel’s Law of Return; or required for humanitarian or special reasons. The maximum number of passengers was set at 2000 arrivals and 2000 departures daily.[23]
     
  • On 7 March 2021 the requirement of entry permit was lifted until 20 March for holders of Israeli passports or laissez passer for permanent residents may enter without prior permit.[24] In addition, persons recovering from COVID-19 or vaccinated were exempted from the requirement of a permit from the exceptions committee.[25] The list of ports of departure and destination was extended to eight locations worldwide, but the number of daily entries and departures remained under quota to be determined according to the air travel outline and to the scope of flights that will be determined by the Ministry of Transportation in coordination with the Ministry of Health. This quota will also include passengers entering through the land border crossings.[26] Non-public flights upon permission were expanded to include travel to Israel of essential foreign workers.[27]
     
  • On 18 March 2021 the Supreme Court sitting as High Court of Justice held that the limitations on entry of Israeli nationals and permanent residents were unconstitutional and could not be extended beyond their expiration date of 20 March.[28]

 

 

[3] https://www.gov.il/en/departments/news/visa_extension_16032020 (A5 (temporary residents), B1 general (work visa and general), A1 (provisional status for eligible students), A2 (students / students) and yeshiva students, A3 clerics, A4 (ancillary to A2 and A3)); https://www.gov.il/en/departments/news/visa-extensions-corona (section 2(a)(5)); https://www.gov.il/en/departments/news/extenting_visa_for_volunteers_19032020 (B4 visas); https://www.gov.il/en/departments/news/visa_extension_b1_31032020 (B1 visas).

[4] https://www.gov.il/en/departments/news/reminder_extending_visas_31082020 (A5 (temporary resident), B1 (partners), B1 (humanitarian)).

[5] https://www.gov.il/en/departments/news/autu_visa_extending_0121 (A1 (eligible under the right of return), A2 (students/trainees/interns), A3 (clerics), A4 (ancillary to A2 and A3), A5 (temporary resident), B1 (work visa), B4 (volunteers)).

[8] Special Powers for Combatting the New Coronavirus (Temporary Provision) (restrictions on Exit from Israel and Entry into It) 2021 (5.2.2021)https://www.nevo.co.il/law_word/law06/tak-9147.pdf. The exceptional grounds for entry of nationals and permanent resident included:

[9] These included humanitarian or special personal needs, essential need regarding Israel's foreign relations or security, athletes participating in competitive events and holders of an immigrant visa (oleh) or those eligible for immigration rights (aliyah) and whose immigration (Aliyah) cannot be postponed

[10] Special Powers for Combatting the New Coronavirus (Temporary Provision) (Restrictions on Operating Airports and Flights (14 August 2020) Regulations, reg 30 https://www.nevo.co.il/law_word/law06/tak-8695.pdf. For an up-to-date version of the regulation see https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.nevo.co.il%2Flaw_word%2Flaw01%2F502_342.doc&wdOrigin=BROWSELINK.

[13] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Operating Airports and Flights) (Amendment) (1 October 2020), https://www.nevo.co.il/law_word/law06/tak-8801.pdf.

[15] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Exit from Israel), 2021 (30 April 2021),https://www.nevo.co.il/law_word/law06/tak-9346.pdf.

[16] Special Powers for Combatting the New Coronavirus (Temporary Provision) (Restrictions on Exit from Israel and Entry into It) (Amendment No 4) Regulations, 2021 (6 March 2021), https://www.nevo.co.il/law_word/law06/tak-9246.pdf.

[17] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Exit from Israel and Entry into It) (No 2), 2021 (29 March 2021) reg 2 relating to Taba, https://www.nevo.co.il/law_word/law06/tak-9300.pdf.

[18] Section 7A as added by the Special Powers for Combatting the New Coronavirus (Temporary Provision)  (Amendment No 6) (4 February 2021), https://www.nevo.co.il/Law_word/law14/LAW-2901.pdf.

[19] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Exit from Israel and Entry into It), 2021 (5 February 2021) https://www.nevo.co.il/law_word/law06/tak-9147.pdf.

[20] These included receipt of urgent medical care, attending funerals of first degree relatives, assistance to first-degree relatives in distress, attending legal process, essential purpose relating to Israel's foreign relations or security, athletic events, and humanitarian or special personal needs that require exit from Israel (reg 4).

[21] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Exit from Israel and Entry into It) (Amendment No 4), 2021 (6 March 2021) https://www.nevo.co.il/law_word/law06/tak-9246.pdf.

[22] These included receipt of urgent medical care, attending funerals of first degree relatives, assistance to firs-degree relatives in distress, attending legal process, women in third trimester of pregnancy, essential purpose relating to Israel's foreign relations or security, and lawful exit for residents of Israel (regs 5 (a), 6).

[23] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Operating Airports and Flights )(Amendment No 12) (21 February 2021), https://www.nevo.co.il/law_word/law06/tak-9192.pdf.

[25] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Exit from Israel and Entry into It) (Amendment No 4) (n 62)adding s 2(2b) to the main regulations.

[26] Ministry of Health, Outline for Israel International Air Travel Effective Sunday, 7.3.2021 https://www.gov.il/en/departments/news/02032021-02.

[27] Special Powers for Combatting the New Coronavirus Regulations (Temporary Provision) (Restrictions on Operating Airports and Flights )(Amendment No 13) (6 March 2021), https://www.nevo.co.il/law_word/law06/tak-9249.pdf.

[28] HCJ 1107/21 Shemesh v Prime Minister (17 March 2021).