By Yoav Noy, Partner |
One of the most common yet critical questions regarding foreign expert workers in Israel is: When must they leave the country after their employment ends? The answer is not only important from a legal compliance standpoint but also because overstaying a visa — even unintentionally — can have serious consequences, including the denial of future entry into Israel.
Understanding “Overstay” and Its Implications
“Overstay” refers to the act of remaining in Israel beyond the period permitted by a visa or residence permit. For foreign nationals, including B-1 expert workers, overstaying is not a minor administrative issue — it is a legal violation that may be flagged by immigration authorities. Such violations can result in bans on re-entry, difficulties with future visa applications, and reputational consequences for both the individual and their sponsoring employer.
Legal Framework: The Law vs. the Regulations
Israeli law mandates that a foreign worker must leave the country upon termination of their employment. This requirement is rooted in the principle that a foreign expert’s right to stay in Israel is strictly tied to their employment status and the validity of their B-1 visa.
However, Interior Ministry regulations introduce a potentially confusing clause:
> “The foreign expert must leave Israel upon the expiration of the work and stay permit in their possession or within 30 days of the termination of their employment.”
This statement has led to differing interpretations — some suggesting that foreign experts may remain in Israel for up to 30 days post-termination, regardless of their visa’s status. We believe this interpretation is legally flawed.
Our Interpretation: Harmonizing Law and Regulation
To understand the correct interpretation, one must remember that laws take precedence over administrative regulations. Regulations cannot override the law’s requirement that a foreign worker must leave Israel when their employment — and by extension, their legal basis for staying — ends.
Our strict interpretation is as follows:
If a foreign expert’s B-1 visa is still valid at the time their employment ends, they may remain in Israel for up to 30 days, but only within the unexpired period of their visa.
If their visa has already expired, they must leave Israel immediately, regardless of whether 30 days have passed since the termination of their employment.
In other words, the 30-day period mentioned in the regulations does not grant a blanket right to remain in Israel beyond the visa’s expiration. It is only applicable if the visa is still valid at the time employment ends.
Practical Implications
Let’s consider two examples:
Example 1: A foreign expert’s B-1 visa expires on June 30. Their employment ends on June 10. Since the visa is valid until June 30, they may remain in Israel until that date — but not beyond it, even though 30 days have not passed.
Example 2: A foreign expert’s visa expires on June 10, and their employment also ends on that day. In this case, they must leave immediately. The 30-day provision is irrelevant because their visa has expired.
Final Thoughts
Employers and foreign experts must be vigilant in tracking visa validity and employment status. Assuming a 30-day grace period after termination — regardless of visa status — is a mistake that can lead to serious immigration consequences.
When in doubt, it is always advisable to consult us at KTA to ensure full compliance. The cost of overstaying is simply too high.
