Immigration to Israel
The immigration laws in the state of Israel are very complex, mainly because the state of Israel does not have a regulated policy, which raises many difficulties especially in recent years, in which the state is faced with a wave of African immigrants from countries where is it claimed that they are in danger. At the same time, the state of israel is dealing with immigration from the countries of the Soviet Union, when many of the immigrants claim to fear for their lives in the countries of origin, and some also come to Israel in order to make a decent living.
The situation that is created is that in the state of Israel there are mainly three main immigration laws (but not only), but at the same time, by virtue of those laws, there are many procedures, designed to respond to everyday cases. In the article below, we will discuss all those laws, and in particular the procedures concerning the possibility of immigration to the state of Israel.
Moreover, it must be remembered that the purpose of the immigration laws is to allow the state of israel, as a sovereign state, the right to navigate, and to regulate the entry and exit from it, and as a result, the stay there. Every country in the world regulates by itself, through its internal laws, the immigration laws relevant to it. In addition, it is also important to note that the state of israel is very special, unlike most countries in the world. The state of israel, the sovereign state of the jewish people, and therefore in the state of israel there is a special law that allows every Jew in the world to immigrate to israel, this is the law of return, 1950. Similar laws do not necessarily exist in other countries.
As an interim summery, we note that the immigration laws in the state of Israel actually consist of laws that regulate the possibility of entering the country and staying in it. At the same time, the immigration laws also consist laws that determine the required procedure, and the possibility of becoming a citizen of the state of Israel, which is the second side of the immigration law coin. This means that one side of the coin deals with entering and leaving the country, and the other side deals with citizenship itself.
The following laws regulate the immigration to the state of Israel:
In the state of israel, as we will also present below, there are three main immigration laws.
- The first law is the of entry into Israel, 1952.
- the second law is the law of citizenship, 1952.
- the third law, mentioned above, is therefore the law of return, 1950.
These three laws, but not only, are the relevant laws for those who want to immigrate to the state of Israel. Since this article is intended to serve as an immigration guide to Israel, we will focus on these three laws. At the same time, it is important to emphasize that these laws are important, but by virtue of those laws, there are many procedures that regulate the law regarding immigration in special cases, as we will explain below.
The Law of Entry into Israel:
The Law of Entry into Israel regulates the law regarding entry into and exit from Israel. The rule is that entering and exiting Israel will be done in accordance with the provisions of this law, and also that entering and leaving Israel will be done through a regulated border crossing (such as, for example – ben Gurion airport or any other sea port). Furthermore, the Law of Entry into Israel states that entry into Israel and stay in it will be done by virtue of a visa, this is how Section 1 of the Law on Entry into Israel states: “(a) Anyone who is not an Israeli citizen, shall enter Israel on the basis of an immigrant visa or on a visa according to this law. (b) A person who is not an Israeli citizen or a holder of an immigrant visa or an immigrant certificate, his yeshiva in Israel will be based on a yeshiva license according to this law.” This is also how the Supreme Court described it, to say:
“As you know, according to Section 1 of the Law on Entry into Israel, anyone who is not an Israeli citizen is required to have a residence permit in order to stay in Israel. On this background, the law determines the procedures for entry, exit and residence in Israel, and even gives the authorities powers to remove and detain those who are staying in the country illegally.”
Moreover, Section 2 of the Law on Entry into Israel, determines what types of visas are available. Among other things, there is a visa that gives a person the right to stay in Israel for three months, or a period of up to three years, and even for several days, depending on the interest and need. We also note that the Minister of the Interior has the authority to extend residence permits in Israel, in accordance with his discretion, and the standards set forth in the Entry into Israel Law. It seems that the purpose of the Law on Entry into Israel was best described by the Supreme Court, as follows:
“The Law of Entry into Israel conditions the stay in Israel of those who are not Israeli citizens or holders of an immigrant visa or an immigrant certificate, with a residence permit, the authority to grant which is given to the Minister of the Interior according to the law. In order to exercise this authority, the Minister of the Interior is given broad discretion and the policy that the Ministry of the Interior implements regarding the granting of visas and residence permits in Israel as mentioned is a restrictive policy according to which foreigners will be granted a visa for permanent residence in Israel in exceptional cases and when special considerations are met as a rule.”
Likewise, elsewhere, it was determined that the authority of the Minister of the Interior to grant residence visas in Israel is a broad authority, and the purpose of the Entry into Israel Law was also clarified, as follows:
“The Law of Entry into Israel, 1952, states that the authority to decide on granting licenses for permanent residence is given to the Minister of the Interior. The law and regulations did not establish criteria for granting yeshiva licenses in Israel, and the rule is that “the authority to grant such a license and the discretion to use it are given to the Minister of the Interior, who has broad discretion on the subject.”
Nevertheless, the Minister of the Interior also has the authority to prohibit entry into Israel, or in some cases to condition entry into Israel, with guarantees or other conditions. The Minister of the Interior also has the authority to cancel an entry visa to Israel. Entering Israel illegally, or staying in Israel without a visa or after the expiration of the residence visa is therefore a criminal offense, in accordance with Section 12 of the Law on Entry into Israel.
The Law of Citizenship:
The second law, which makes up the fabric of immigration to the State of Israel, is therefore the citizenship law. The law determines the ways in which a person can become a citizen in the State of Israel. This is not a trivial matter, but citizenship and naturalization in Israel is a very complex and bureaucratic issue. In principle, the citizenship law states that citizenship in Israel is only obtained by virtue of this law. Also, the ways in which you can become a citizen in the State of Israel are as follows:
Naturalization by virtue of the Law of Return – As mentioned, citizenship in Israel can be made by virtue of the Law of Return, as we will explain later. Naturalization by virtue of residence in Israel – refers to people who lived in the country even before the establishment of the state, this option is fixed in section 3 of the Citizenship Law. Naturalization by birth – a person who is born in the State of Israel, and one of his parents is an Israeli citizen, will become an Israeli. Likewise, citizenship is bought by virtue of adoption. That is, parents who adopt a minor as part of an international adoption become an Israeli citizen (Section 4A of the Citizenship Law). Naturalization by virtue of naturalization –Citizenship in the State of Israel can be achieved through naturalization. Naturalization is a process in which the applicant for citizenship must stay in Israel for a period of at least five years, of which he physically resides in the country, the applicant for citizenship must know the Hebrew language, and also be entitled to permanent residency in Israel. The applicant for citizenship must also show that he has settled or intends to settle in the State of Israel. Citizenship is granted from the moment of declaration by the applicant for citizenship, and of course after a very long process. We note that the Minister of the Interior has the authority to grant citizenship and exempt the applicant for citizenship from the conditions required for citizenship, in special cases such as for example – when it is a foreign resident who served in the IDF, etc. Naturalization by virtue of marriage – Section 7 of the Citizenship Law, allows the spouse of an Israeli citizen, to become naturalized in the State of Israel, after a complex process, which we will explain later. The same is true for celebrities, and not only for formally married couples. Naturalization by virtue of a grant by the Minister of the Interior –Another way to obtain Israeli citizenship is by virtue of the grant. That is, the Minister of the Interior has the authority to grant citizenship in certain cases, as well as in cases where the applicant for citizenship is a person who identifies with the State of Israel or has carried out actions to promote the economy or security or another important matter of the State of Israel.
The last 3 ways are more complex to carry out from a material and technical point of view and are therefore usually carried out by immigration / visa lawyers for Israel who are well versed in legislation, jurisprudence and practice in front of the Ministry of the Interior and the courts of justice.
The citizenship law, as we also described above, is the other side of the immigration coin. If the Law on Entry into Israel deals with matters relating to entry and exit from the country, and staying in it. The citizenship law is the second law, which already deals with more complex and advanced stages, concerning citizenship in the country, and not just a temporary or tourist stay there. By the way, on this occasion, it is important to emphasize that the responsibility for the Citizenship Law, and the Law on Entry into Israel, including immigration laws in the State of Israel, is therefore the Minister of the Interior.
Law of Return:
The Law of Return grants every Jew, regardless of who he is, the right to immigrate to Israel, and become a citizen of the State of Israel. Those who immigrate to Israel by virtue of the Law of Return, do so initially with an immigrant visa, after which citizenship is granted almost automatically. This is what Article 1 of the Law of Return states: “Every Jew has the right to immigrate to Israel. ” At the same time, the Law of Return, in section 2, gives the Minister of the Interior the option of preventing immigration to Israel under certain circumstances. For example, when there is a fear that the immigrant will harm public peace, security, or whether it is a person who has acted or is still acting against the Jewish people. By the way, the Law of Return gives every Jew the right to bring his wife and children to Israel.
Frankly, in order to complete the picture, we will note that there is a historical difficulty with the law of return, and we will of course point this out without expressing any position. The aforementioned difficulty is therefore reflected in the very definition listed in the Law of Return for the word “Jew”. If we wish, there is a difficulty in the definition, since the law actually outlines a test that is a religious test and not a secular test (as it was in the initial version of the law which was amended in the early sixties of the last century), in order to recognize a person as a Jew.
In Halacha and in fact, a Jew, in accordance with the Law of Return, in Section 4b, is defined as a person who converted or was born to a Jewish mother, and is not a member of another religion. In other words, a person who was born as a Christian and converted will be recognized as a Jew, as well as a person who was recognized as a Jew due to the religious identity of his mother. But on the other hand, a person born to a Jewish father will not necessarily be recognized as a Jew for the purposes of the Law of Return. We note that the question of who is a Jew is a complex question, respectively, that even the Supreme Court has grappled with. Today, the definition is as stipulated in the Law of Return. At the same time, the words of the Supreme Court on the subject are beautiful: “The provision of Section 4A of the Law of Return is therefore intended to be a tool – helped to fulfill the main purpose of the law of returns; Not only that every Jew, regardless of who he is, will be entitled to immigrate to Israel, but that Jews will indeed immigrate to Israel; To encourage Jews living outside of Israel and to allow them as much as possible to immigrate to Israel. And although the law sought to expand the circle of those entitled to strike even to non-Jews, this expansion did not come about except to allow Jews to immigrate to Israel. Indeed yes: Section 4a also attaches importance to the relationship that family members have with the Jewish people – not only with that Jew who wishes to immigrate.”
That is, the Law of Return is the third main law in the field of immigration to the State of Israel, but it is a very unique law, due to its content and spirit.
Visas to Israel – Different Types of Israeli Visas
So far, we have been engaged in reviewing the laws relevant to immigration to the State of Israel. By virtue of the mentioned laws, every person who comes to Israel and stays there, does so by virtue of a residence visa. There are temporary residence visas, and permanent visas, depending on the interest and need. Therefore, in the next section we will explain about the overstay visas (visa to Israel), in order to complete the picture as required in the aforementioned immigration guide. The rule of the matter concerning overstay visas is fixed not in the laws mentioned above, but in the regulations for entry into Israel, 1974.
Legally and in fact, the residence visas in Israel consist of two groups. The first group includes the stay visas of the “visit” type; therefore, they are always marked with the letter “b”.
The second group includes the temporary stay visas; therefore, these visas are marked with the letter “a”.
As for the first group, the residence visas are as follows – a visa that was one is a type B\1 visa, this visa is a visa that is granted to foreign workers, and it gives them the opportunity to work in the country and nothing more. This is a visa that is of course limited in time.
An additional visa, is a visa type B/2, which is actually a tourist visa, as we as Israelis receive in foreign countries. This visa is usually limited to three months, during which a person can stay in the country.
Another visa is a type B\3 visa. This visa is usually granted to people whose status in the country is complex. Such as, for example, people who seek to regulate their temporary status in Israel due to marriage, and more. Usually, this visa is relatively time limited (usually a month).
Another stay visa, of the visit type, is a visa called B\4, This visa is a visa that is granted to people who come to Israel to volunteer. Like for example, young people who come for a period to volunteer in kibbutzim or other places. We note that this visa gives the possibility only to volunteer, and certainly not to work in the country.
Another visa, is a type B/5 visa, this is a relatively new visa, and it grants people who wish to invest money in the country, come to the country and stay there for a period of time. By virtue of this visa, the resident in the country can also allow his children to come to the country and stay in his presence, a visa that his children or his spouse will receive is called a visa of type B\52.
So far, we have dealt with visit visas, that is, visas intended for a specific purpose, or for a visit as a crime.
Now, after explaining the types of visit visas, we will therefore deal with “temporary” type visas, that is, visas that grant the recipient the right to stay in the country for longer periods. These are visas that are usually granted to people who wish to immigrate to Israel, and are in the phase of regularizing their status or checking their status or the citizenship process.
The first visa is a type A/1 visa. This visa is granted to those who are entitled to immigrate to Israel by virtue of the Law of Return. This is actually a visa that is granted to an immigrant, and it allows him to stay in the country for a certain period of time, until official immigration. Yes, this visa is granted to people who are entitled to immigrate to Israel, but still wish to settle their affairs in their country before making an official Aliyah. Those who receive a type A/1 visa can both work in Israel and receive social services.
Another visa is a type A/2 visa. This visa is a visa that is granted to people who come to Israel to study at an academic institution, if we want – a student visa. Correspondingly, there is also a visa called A\4, this visa allows the parents of those staying in Israel by virtue of the A\2 visa, to come to Israel for a visit.
Another visa is called a B\3 visa This is a visa that is granted to clergy who come to Israel to fulfill a religious role in a certain institution, without religious differences of course.
The last visa is a type A/5 visa, this is a visa that is granted to those who are in Israel at the stage of regularization of status. Such as, for example, someone who is married to an Israeli citizen and seeks to regulate his status by virtue of the citizenship law. Type A/5 visa gives its holder the right to work in the country.
Immigration Procedures
So far, we have dealt with the essential law of immigration law, and we have also reviewed the relevant immigration laws, which should be used by anyone who wants to immigrate to the State of Israel. After that, we explained what the residence visas are that are granted to those who come to Israel, especially those who come to Israel for the purpose of immigrating. Now, we will explain what are the grounds by which a person can immigrate to Israel, as follows:
However, it is important to emphasize already at this stage, that every procedure of immigrating to Israel is a very complex, bureaucratic, very complicated procedure from a legal point of view as well (and maybe even mainly), so if you are interested in immigrating to Israel, you should contact as soon as possible A lawyer who is an expert in the field of immigration , who will accompany you from the foundation to the details, since in the absence of legal assistance, the procedure will be more complex, and it is very possible that it will also fail.
Immigration under the Law of Return
As mentioned, we explained the law of return in detail in the previous parts, therefore we will not go back and write what we wrote. Let’s just remember that for the Law of Return to apply, one must be Jewish, that is, the son of a Jewish mother or convert. Also, the Law of Return grants the right to immigrate to Israel, not only to a Jewish person, but also to his family members, that is, his children and his daughter or spouse.
Immigration by Virtue of Marriage (Publicly Known)
The Citizenship Law regulates and grants the possibility to regulate the status of spouses, among other things when we are dealing with married couples as well as when we are dealing with couples who are recognized as well-known in the public. At the same time, there is a procedure in the Ministry of the Interior that refers separately to married couples (more on that later) as well as a separate procedure that refers to publicly known couples. This procedure is called “Procedure for handling the granting of status to spouses of Israelis, including members of the same sex”.
This procedure regulates the procedure required to regulate the status of a person whose spouse is an Israeli citizen. In fact, it is necessary to prove that the relationship between the spouses is an honest one. Therefore, initially an application supported by many documents must be submitted, after which the spouses undergo an interview. At the end of the first stage, the couple are transferred to a graduated procedure, the last one is a procedure that is also relevant for married couples as we will also explain later.
It is important to note that the basis of a well-known practice in the public is to provide an answer to unmarried people, but to allow them to legally exercise their right, to condition lovers with their spouse, as described by the Supreme Court, to say: “There is no doubt that the fact that this is a relationship which is not anchored in the formal status of marriage, requires a more in-depth, thorough and intrusive examination of the factual situation existing between the couple, with the aim of correctly tracing if it is an honest and true relationship and if the couple fulfills the two main elements enumerated in the ruling for the purpose of recognizing them as “publicly known” – married life and running a joint household, which indicate that the couple linked their destinies to each other. A factual examination, no matter how deep and thorough, is required to prevent abuse by those who seek to buy themselves a status that they do not deserve in any way.”
On the other hand, the purpose of a procedure known to the public, is really to prevent abuse of the institution known to the public. At the same time, it will be noted that as part of the status adjustment procedure, the residence visa of the spouse who is not an Israeli citizen will be renewed from time to time, where as part of the ranked procedure, most are granted a type A/5 residence visa which gives the right to stay in the country, and even work. At the end of the procedure, citizenship can and will be granted to the status applicant. The procedure discussed also applies to couples of the same sex
Immigration by Force of Marriage
Paying attention to the aforementioned provision of Section 5 of the Citizenship Law, the possibility to immigrate to Israel is granted, by virtue of marriage. But it is important to emphasize that marriage does not actually confer citizenship on a person in Israel. To this end, it is necessary to regulate status, as well as to prove the nature of the marital relationship, and the sincerity of the marital relationship, all this in order to prevent the unlawful exploitation of the institution of marriage (indeed, these things are supposed to be good even for cases of well-known in the public as mentioned above). Regarding married couples, there is another procedure, called the “procedure for dealing with granting status to a foreign spouse married to an Israeli citizen” (hereinafter: “marriage procedure”).
According to the marriage procedure, it is possible to regulate the status of a spouse married to an Israeli citizen, after an initial examination, which includes an interview, presentation of evidence and documents attesting to the marriage and the sincerity of the relationship (and sometimes also a security check). After that, the couple are transferred to the graded procedure (similar to what is known in the public). As part of the graduated procedure, the nature of the relationship will be examined for 3-5 years, when citizenship will finally be granted to the applicant for the status. To complete the picture, we turn to the ruling of the Supreme Court, regarding the matter and purpose of the graduated procedure as stated: ” The graduated procedure for naturalization by virtue of marriage is divided into stages in the framework of which the foreign spouse who meets the required criteria is granted status in Israel: first he is granted a license for a type B/1 visitation for half a year; then a license for temporary residence type A/5 that can be renewed every year for up to a period of four years; and finally, where the procedure ends successfully, he is given the status of a citizen.” [9] What has been said regarding the graded procedure is also good for those known to the public.
Immigration by Virtue of Parentage
The Law on Entry into Israel gives the Minister of the Interior the authority to grant a visa for a permanent stay, we have already discussed this above. A permanent visa does not have to be granted only to spouses, but also in some cases to the parents of an Israeli citizen who live with their child in a foreign country. There is no doubt that in such cases, there is a place for humanitarian reasons, to allow an elderly parent to come to Israel in order to spend the rest of his life with his child living in Israel.
Therefore, by virtue of the Entry into Israel Law, a procedure called “Procedure for Regulating the Status of an Elderly and Single Parent of an Israeli Citizen” was established. The above procedure regulates the procedure for obtaining a permanent residence visa in Israel, in cases of an elderly parent. Generally, according to the procedure, it is necessary for the elderly parent (as a prerequisite) to be 64 years of age or older (for boys) or 62 or older (for women). Also, also in accordance with the aforementioned procedure, citizenship can and will be granted to the status applicant, but not necessarily (and also after several years). I note that according to the procedure, even if a request to adjust the status of an elderly parent is rejected, there is a possibility of turning to a special committee for humanitarian affairs. Beyond that, it’s worth using specific legal advice (as in any case).
Naturalization in Israel
As we described above, naturalization in Israel is of course another way to immigrate to it, but on the other hand it must be taken into account that naturalization is a very complex procedure. Section 5 of the Citizenship Law states that the conditions for naturalization are as follows: “(a) An adult who is not an Israeli citizen can obtain Israeli citizenship through naturalization if the following conditions are met: (1) is in Israel; (2) has been in Israel for three years out of a five-year period that preceded the date of submission of his application; (3) is entitled to live in Israel as a permanent yeshiva; (4) has settled in Israel or intends to settle there; (5) knows some knowledge of the Hebrew language; (6) has renounced his previous citizenship or proved that he will cease to be a foreign citizen When he becomes an Israeli citizen. (b) Anyone who has applied for citizenship and the conditions in subsection (a) are met, the Minister of the Interior, if he deems it appropriate, will grant him Israeli citizenship by issuing the citizenship certificate. (c) Before the citizenship is granted, the applicant will make this statement: I declare that I will be a loyal citizen to the State of Israel.” (d) Citizenship was purchased from the day of the declaration.”To teach us, a person who resides in the country, after knowing the Hebrew language, as well as a person who sincerely wishes to settle in the State of Israel, can become a citizen, but as mentioned – for this purpose, one must stay in the country for at least three years in a five-year period, when usually in such cases the applicant for citizenship is granted a visa Type A/5 stay.
The complexity of immigration to Israel and the necessity of consulting an immigration lawyer:
Immigration to Israel is not a trivial matter, it is a complex issue that requires legal guidance and knowledge. Immigration to Israel consists of a number of options, as we reviewed in this article, starting with immigrating to the country by virtue of the Law of Return, and ending with naturalization and regularization of status due to marriage or of children who live in the country and stay there legally. Each case should be adapted to the relevant law, and the procedures concerning the matter. At the same time, if we add to the natural difficulty of immigration as a whole, the fact that the immigration laws in the State of Israel are particularly complex, due, among other things, to the lack of a systematic immigration policy, then we will once again return to the starting point of the summary we discussed, which is that it is very worthwhile to use an expert immigration lawyer for Israel at any time . who deals in the field of immigration and the regulation of status in the State of Israel.
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