(a)Notwithstanding the provisions of section 3(2), the Minister of the Interior may extend a licence for temporary residence granted to a foreign worker for periods not exceeding, in aggregate, five years, provided that the first extension period does not exceed two years and that each of the subsequent extension periods does not exceed one year.
(b)Where a licence for temporary residence granted to a foreign worker for the purpose of his employment in providing nursing care has been extended under the provisions of subsection (a) for a total period of five years (in this subsection — the total extension period), the Minister of the Interior may extend the licence for the purpose of the continued employment of the foreign worker in providing nursing care to the same patient, for additional periods not exceeding one year each, where the following conditions are met:
(1)the foreign worker was employed in providing nursing care to the same patient, continuously, during the year immediately preceding the end of the total extension period;
(2)a competent authority gave, after meeting with the patient at his place of residence, a written opinion in the manner prescribed by the Minister, that the cessation of the employment of the foreign worker in providing nursing care to that patient will cause serious harm to the patient. In this paragraph, "the competent authority" means a social worker with qualifications as prescribed by the Minister of the Interior, a physician or a registered nurse, or a social worker who has at least three years of seniority and holds a senior position as defined in section 62 of the Employment Service Law, 5719-1959, in a private bureau holding a special permit for the placement and handling of foreign workers in the nursing care sector under section 65 of that Law.
(b1)(1)Notwithstanding the provisions of subsections (a) and (b), the Minister of the Interior may extend a licence for temporary residence for the purpose of the employment of a foreign worker in respect of whom 63 months have elapsed from the date of his first entry into Israel on a temporary worker visa in the nursing care sector, for the purpose of his employment in providing nursing care to a patient holding a permit for the employment of a foreign worker under section 1m of the Foreign Workers Law (hereinafter — a nursing patient), for special and exceptional humanitarian reasons pertaining to the nursing patient and related to the complexity or uniqueness of the nursing care required by him or to other personal circumstances of the patient, provided that at the time of submission of the application no more than 90 days have elapsed from the date of termination of the last lawful period of employment in Israel of the foreign worker whose licence is sought to be extended, and provided that the following conditions are met in respect of him:
(a)during his period of stay in Israel, the foreign worker was lawfully employed in providing nursing care to a specific nursing patient for at least 24 consecutive months; for this purpose, a transition between patients following the death of a patient or the transfer of the patient to a nursing institution shall be deemed as if the foreign worker continued to care for the same patient continuously;
(b)the foreign worker completed his last period of employment in Israel prior to the date of submission of the application under this section, as a result of the death of the nursing patient in his care or as a result of the permanent transfer of the nursing patient to a nursing institution;
(c)at the time of submission of the application under this section, 8 years have not elapsed from the date of the foreign worker's first entry into Israel to work in the nursing care sector;
(d)no prior decision of the Minister of the Interior to extend the foreign worker's licence under this subsection has been made, except for a decision to extend a licence for temporary residence for the purpose of caring for the spouse of the nursing patient who resided together with the nursing patient at the time of the foreign worker's employment;
(e)the committee appointed pursuant to the provisions of paragraph (2) recommended to the Minister of the Interior that the foreign worker's licence be extended; where the committee recommended not to extend the licence — the application shall be refused and the foreign worker shall leave Israel within 30 days of the date of notification of the refusal of his application as aforesaid;
(1a)Notwithstanding the provisions of paragraph (1), the Minister of the Interior may extend the residence licence of a foreign worker for the purpose of caring for a patient whose age, at the time of submission of the application, does not exceed mandatory retirement age, within the meaning of the Retirement Age Law, 5764-2004, and who is one of those listed below, even if the conditions set out in paragraph (1)(a), (b) or (d) have not been met, and in respect of paragraph (1)(c), instead of "8 years" read "13 years":
(a)a nursing patient entitled to a special services allowance from the National Insurance Institute at a rate of at least 188%;
(b)a disabled IDF veteran or a victim of a hostile action who has been recognised as a nursing disabled person with a special disability rating of 100%;
(c)a disabled child entitled to a disabled child allowance from the National Insurance Institute at a rate of at least 188%;
(d)a person recognised by the National Insurance Institute as a nursing patient as a result of a work injury, as defined in section 79 of the National Insurance Law [Consolidated Version], 5755-1995, who is entirely dependent on the assistance of others for performing all daily activities;
(1b)(Repealed);
(2)the Minister of the Interior shall appoint a committee, chaired by a retired judge or a person qualified to be appointed as a Magistrate's Court judge, which shall advise him in respect of decisions under this subsection; the committee shall consider, inter alia, the foreign worker's compliance with the conditions of his licence in the past and shall examine opinions regarding his work in Israel;
(3)the decisions of the Minister of the Interior under this subsection shall be reasoned;
(4)the Minister of the Interior shall establish by Order an annual maximum quota of licences to be granted for humanitarian reasons under this subsection;
(5)the Minister of the Interior shall report to the Interior and Environmental Protection Committee of the Knesset, annually, on the number of applications approved or refused under this subsection in that year.
(c)Where the validity of a licence for temporary residence granted to a foreign worker has expired, no new visa and licence for temporary residence shall be granted to that same foreign worker under the provisions of section 2(a)(2), for the purpose of his employment in Israel, for a period ending after the expiry of five years and three months from the date on which a visa and licence as aforesaid were first granted to him, and in respect of a foreign worker to whom the provisions of subsection (b) apply — after he ceased to be engaged in the care of that patient, and a new licence for temporary residence granted to him shall not be extended under the provisions of this section for a period ending as aforesaid.
(c1)Notwithstanding the provisions of subsection (c), the Minister of the Interior may extend a licence for temporary residence granted to a foreign worker, or grant a foreign worker a new visa and licence, for additional periods not exceeding one year each, if he finds that special and exceptional circumstances exist regarding the contribution of the foreign worker to the economy, the industry, culture, sport or society, after consultation with the Minister of Finance and with the consent of the Minister of Labour, Welfare and Social Services; the Minister of the Interior may also, after consultation with the Minister of Finance, with the consent of the Minister of Labour, Welfare and Social Services and with the approval of the Interior and Environmental Protection Committee of the Knesset, prescribe circumstances that shall be regarded as special and exceptional circumstances of a foreign worker's contribution as aforesaid.
(c2)(1)The Minister of the Interior, in consultation with the Minister of Welfare and Social Services and with the approval of the Interior and Environmental Protection Committee, may prescribe in Regulations, for the purpose of preventing abuse of the visa and residence licence granted to the foreign worker, control measures on the number of employers among whom foreign workers whose field of occupation as set out in the visa and residence licence is the nursing care sector may transfer; a transfer of a foreign worker between employers as a result of the death of an employer shall not be regarded as a transfer for the purposes of this section;
(2)Regulations under this subsection shall be prescribed with regard to the circumstances in which the foreign worker terminated his employment with each of his employers and with regard to the worker's freedom, so that he shall not be compelled to work for an employer;
(3)the Minister of the Interior may authorise a foreign worker or a category of foreign workers to deviate from the provisions prescribed in the Regulations as aforesaid if he finds that this is justified in the circumstances of the matter.
(c3)The Minister of the Interior, in consultation with the Minister of Welfare and Social Services and with the approval of the Interior and Environmental Protection Committee, may prescribe in Regulations geographical areas in which alone foreign workers as referred to in subsection (c2) shall be permitted to engage in the field of occupation set out in the visa and residence licence granted to them, and also categories of nursing patients whom alone foreign workers as referred to in subsection (c2) shall be permitted to care for in the field of occupation set out in the visa and residence licence granted to them; Regulations under this subsection shall be prescribed with regard to the worker's freedom, so that he shall not be compelled to work for an employer.
(d)In this section, "foreign worker" — as defined in Chapter IV-A of the Foreign Workers Law.