Foreign spouses in the West Bank: reunification and spousal permits

Under clause 28(11) of the Protocol Concerning Civil Affairs annexed to the Interim Agreement, the Palestinian Authority may grant status in the area to a foreigner married to a West Bank resident if the Israeli side approves in advance. COGAT's Procedure for Entry and Residence of Foreigners, revision of 21 December 2022, sets out how such requests are handled. Approvals follow a policy of the political echelon that may involve quotas changing with the political and security situation, and meeting the minimum criteria does not guarantee approval.

On the Palestinian side the request is a civil affairs service of the Ministry of Interior: the resident spouse files a family reunification request at a ministry directorate in any West Bank governorate, and once it has been approved by the Israeli side, applies for a reunification identity card.

The preliminary examination identifies both spouses and any accompanying minors, checks the marriage certificate and personal documents, reviews the foreign spouse's entry and permit history and the resident's records, and looks at evidence of a shared centre of life and of a genuine relationship. Criminal and security checks are carried out for all of them.

The decision takes into account the political echelon's policy and any quota, a minimum age of 18 for spouses, proof that the marriage is sincere, that a resident may sponsor only one foreign spouse, security and criminal risk, health insurance covering the stay, and personal and humanitarian circumstances; being married or having children is not in itself treated as a humanitarian ground. A forged document or false statement leads to rejection and a one-year bar on new applications.

The resident fills in the request at a petition writers' office, hands it with the documents to the civil affairs officer at the directorate and receives a receipt. The data are entered and sent to the competent Palestinian body, which forwards them to the Israeli side. If documents are missing, the request is returned to the Palestinian Authority, which has 45 days to complete it. A complete file goes to the security services and COGAT offices, and the head of COGAT decides within 60 days. On the Palestinian side, approved requests are published in the media and the resident collects the personal approval from civil affairs.

When a request is approved, the Palestinian Authority assigns the foreign spouse an identity number and COGAT's population registry records the status; tourist visas and other permits are cancelled.

If formalisation is refused under the prevailing policy, COGAT may issue a spousal permit so that the couple can live together without the foreign spouse being registered. Spousal permits fall outside the formalisation quota, although COGAT may set a separate quota for them. Each permit runs for up to one year and can be extended up to 27 months in total; renewal is requested through the Palestinian Authority at least two months before expiry. A spousal permit holder may work or volunteer in the West Bank, needs a separate permit to enter Israel, and as a rule leaves and returns through the Allenby Bridge.

Before status is settled, a foreign spouse can visit only on a visit permit of up to three months, which does not allow work, study or renting property for longer than the permit.

If the head of COGAT refuses formalisation or does not order a spousal permit, the resident may file a detailed appeal through the Palestinian Authority or COGAT's centre for inquiries from foreigners within 45 days; a ruling is due within 60 days, and the foreign spouse may be given a temporary permit for that period plus up to 30 days. After a refusal on substantive grounds, a new formalisation request can be filed only after five years, unless circumstances have changed significantly.