Update regarding employment of asylum seekers from Ukraine with a B-2 visa

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Update regarding employment of asylum seekers from Ukraine with a B-2 visa

30 May 2022

Dear Colleagues and Customers,

We would like to draw your attention to an important Update from the Population and Immigration Authority regarding the employment of foreigners from Ukraine currently residing in Israel.

According to the Update, the residence permit for foreigners holding Ukrainian passports and residing in Israel on a B-2 visa (tourist), and who entered Israel since the beginning of the war in Ukraine, will be automatically extended until June 30, 2022, without having to visit the Population and Immigration Authority offices.

Also, in a manner similar to the customary arrangement regarding the employment of asylum seekers, the Authority will not take enforcement action against anyone who employs foreigners from Ukraine with a B-2 visa and who entered Israel since the beginning of the war in Ukraine.

Foreigners with a Ukrainian passport who entered Israel before the start of the war, and who are residing in Israel illegally, will not be actively expelled from Israel.  However, the arrangement described above entitling foreigners with a Ukrainian passport to be employed in Israel will not apply to them.

Within 30 days, the Minister of the Interior will reconsider the Ministry’s position on foreigners from Ukraine residing in Israel, and will make decisions in light of the latest developments.
Please note that the employment of foreigners as described above requires employers to act in accordance with legislation regarding employment of foreign workers.  In this regard, one should bear in mind that foreign workers are entitled to rights under Israeli labor law, and are subject to extension orders and collective agreements that apply to the workplace in which they will be employed.

The arrangement described above regarding “non-enforcement” only refers to the employment itself, and not to the issue of fulfilling an employer’s obligations in accordance with applicable law, especially laws regarding the employment of foreigners.  Failure by an employer to comply with his or her obligations relating to employment of foreign workers could result in criminal proceedings and the filing of an indictment against the employer.

Our firm has extensive experience in all issues related to the employment of foreigners residing in Israel and in advising employers on these matters, including with regard to issues related to the “non-enforcement” policy of the Population and Immigration Authority.  To the extent that you are considering hiring foreign workers from Ukraine, we will be happy to assist you with the various legal issues that arise.

We will continue to provide you with updates on any developments.

The Labour and Employment Department
Herzog, Fox & Neeman 

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