Aliyah to Israel

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Who is eligible for Aliyah (immigration to Israel under the Law of Return)? Any Jew (defined as the child of a Jewish mother), child or grandchild of a Jew, or the spouse and minor children of the above, may make Aliyah, provided they haven’t converted to another religion from Judaism or pose a threat to the safety of the Israeli public. What does that mean in practice and how can one prove eligibility? The following article explains the process and limitations of Aliyah in-depth.

The Law of Return, and the right of immigration to Israel (aliya or aliyah) and citizenship for those eligible under it, has the status of a foundational law in Israel, even though it is not officially defined as such. The law generates much controversy, both because it grants clear preferential immigration status solely to Jews and their descendants, and because of internal debates among political and religious Jewish groups over the definition of who is a Jew, who should be allowed to make aliya on the strength of being related to a Jew, and who is not eligible to make aliyah to Israel.

In this article, we provide a comprehensive explanation of the legal, essential, and technical aspects of the right to aliya, amendments and corrections made to the Law of Return, and of course, how one can make aliya to Israel.

The Declaration of Independence of the State of Israel declared that:

“The State of Israel will be open for Jewish immigration [aliyah] and the ingathering of the Exiles”.

These words clearly reflect the background and the basis for legislating the Law of Return (1950). It was intended to bring Diaspora Jews back to Israel after their many years of exile and to provide Jews, after long years of persecution with the possibility to return to Israel as a place of refuge, the “Jewish state” that Herzl envisioned.

 In the first years of the state,  anyone who declared himself as a Jew and applied to make aliyah to Israel was accepted without need for any additional proof. Over the years, however, the law and it’s legal interpretation had changed.

Who is entitled to make aliyah?

The right to aliyah has undergone legal transformations over the years. At present the following categories of people can make aliya:

• Someone defined as a Jew by the Law of Return – i.e., the person’s mother is Jewish, and he or she does not belong to any other religion, or a convert to Judaism
• The child or grandchild of a Jew
• The spouse of a Jew or a child or grandchild of a Jew

An adult great-grandchild of a Jew may not make aliyah on their own, but grandchildren of a Jew can bring along their minor children when they make aliyah.

Documents required to apply for aliyah

To submit an application for aliyah, you must furnish a series of documents; the Interior Ministry is authorized to request additional documents if they believe that any kind of doubt has arisen. The mandatory documents are:

Civil documents:

• The applicant’s valid  passport
• The applicant’s birth certificate– since many functionaries require an apostille stamp even on an original certificate, it is advisable to submit an original certificate, authenticated with an apostille stamp just in case, and translated by a notary public if it is not in English.
• A marriage license and birth certificates for the applicant’s children, if the spouse and children are also applying for aliyah.
• A certificate of good conduct, also authenticated and translated, dated within three months of submitting the application.

Documents to prove Jewishness:

• A letter from a community rabbi in their country of origin, from a list of rabbis recognized by the Interior Ministry, testifying to the applicant being Jewish, or to the Jewish ancestor within the last three generations. This is not required of Russian and FSU olim.
• For a Jew with a Jewish mother who is applying for aliya, it is advisable to bring the parents’ marriage certificate, which often indicates that the wedding took place in a synagogue or other Jewish framework; it is also possible to bring a copy of the ketubah. This document must also be authenticated and translated.
• Someone applying for aliya on the basis of a Jewish father or grandparent must bring the parents’ marriage certificate, the father’s birth certificate testifying to his Jewishness, and sometimes even documents from the grandmother or grandfather, depending on what documents are already in the applicant’s possession.
• Often it is required to bring the death certificate of the Jewish father/grandparent, showing the place of burial in a Jewish cemetery.
• Any other document, pictures or evidence that can prove the applicant’s Jewishness.

 

Documents required after conversion to Judaism:

• The applicant must bring an original giyur certificate – a ruling by the court where the conversion process took place.
• Likewise, an explanatory letter is required from the candidate for aliyah, describing the conversion process
• A letter is required from the rabbi of the community to which the convert belonged before and after the conversion.
• A letter is required from the rabbi who performed the conversion, describing the process.

Aliyah for partner of Jews

It is important to note that despite the trend throughout the world, including in Israel, of liberalization regarding the concept of “partner”, the definition in the Law of Return still applies only to married couples. The issue has yet to be discussed in the Supreme Court, but it is likely that a case will come up in which a couple who have children together and are in a common-law marriage, will appeal to the Court, and the Court is likely to grant oleh status to the partner even if the couple is not married.

A couple married less than a year before applying for aliya:

A couple who got married a short time before making aliya must undergo a sort of “cooling period” before the non-Jewish partner can make aliya together with the eligible one. This is because such a scenario raises the suspicion of a fictitious marriage for the purpose of obtaining legal status in Israel. The non-Jewish spouse will not be eligible for oleh status, but rather will receive a 5-A visa (temporary resident visa) for a year from the date of aliya.

At the end of the year, the couple will be invited to a detailed interview to re-examine the sincerity of their relationship. If the Interior Ministry is in fact convinced that the marriage is honest and not solely for the purposes of obtaining legal status in Israel, the non-Jewish spouse will receive oleh status. If the Interior Ministry is not convinced that the marriage is real, the visa will be extended for an additional year, and if there are still doubts after this second year, the file will be turned over to Interior Ministry headquarters for a decision.

Aliya for a same-sex married couple

Today, same-sex partners of Jews are eligible to make aliya on the basis of the same regulation and under the same conditions as married heterosexual couples.

Regulations regarding a great-grandchild of a Jew

Under the Law of Return, an adult great-grandchild of a Jew is not eligible for legal status in Israel, only a grandchild. That said, a minor great-grandchild of a Jew can make aliya together with their eligible parent.

The minor great-grandchild, who is under custody of his parents, themselves third-generation Jews, will receive temporary resident status – 5/A – as long as he meets the criteria set out in the regulation. The status will be extended every year for a cumulative total of three years. After three years, they can apply for Israeli citizenship, under Section 9 of the law if still a minor, under Section 5 if they reached the age of majority.

Widows of Jews

The Law of Return explicitly states that the right to aliya applies to the spouse, children, and grandchildren of a Jew, and even explicitly states that it is irrelevant whether the Jew in question is alive. Therefore, the widow(er) of someone eligible to make aliyah is also eligible to make aliyah, provided they did not remarry before submitting the application. The couple’s children may be eligible to make aliyah by descent, but even the widow’s children from a person different than the original spouse can make aliyah as minors, alongside the widow, so as to not break up the family.

Right to aliya for someone adopted by Jews

Is someone who was adopted by Jews to make aliya? Procedure 1.8.2005, states that a minor adopted by someone eligible for aliya may also eligible for aliya, whether by right of descent, or as a minor alongside their family. The Interior Ministry will check whether more than a year has passed since the adoption and if not, the adopting parent will have to prove the sincerity of the adoption, and convince the Interior Ministry that the adoption was not done in order to obtain legal status in Israel.

Eligibility for aliya for a Jew adopted by foster parents of another faith

In his opinion on Supreme Court decision (9249/04) the Attorney General ruled that the Law of Return focuses on a person’s attachment to the Jewish people, and that this attachment is not severed if someone eligible for aliya is adopted by a non-Jewish family. Therefore, someone who is Jewish but adopted by non-Jews is eligible to make aliya to Israel under the Law of Return and receive full rights as an oleh.

Family members of Jews who are actively involved in another religion

As noted above, the Law of Return states that a Jew is someone who was born to a Jewish mother or who converted, but someone eligible for aliya is not necessarily Jewish. The law states that the rights devolve on children and grandchildren of Jews as well, but includes the qualification: “except for a person who has been a Jew and has voluntarily changed his religion.”

Children and grandchildren of Jews (fathers but not mothers) are not Jewish be definition. Therefore, their religious beliefs should not matter for immigrating to Israel. That said, anyone particularly fervent in their non-Jewish belief or engaging in proselytizing will find their aliyah application delayed or denied

The Supreme Court has already ruled (Supreme Court case no. 3820/10, Ze’ev Isaacs vs. the Interior Ministry) that someone who is active in missionary activities is not eligible to make aliya under the Law of Return as a family member of a Jew, since this activity directly contradicts the goals of the Law of Return.

“Voluntarily changed his religion”

The phrase “voluntarily changed his religion” is not the simple, unequivocal definition that it might seem.  The clearest example of this is the case of messianic Jews, who believe in Judaism and the Jewish bible but also in Jesus and the New Testament.

The Supreme Court repeatedly ruled that belief in messianic Judaism is de facto equivalent to converting to another religion. Yet, it is important to note that messianic Jews with a Jewish father and non-Jewish mother can obtain legal status under the Law of Return as relatives of Jews. This is because they are not themselves halachically Jewish, and therefore it cannot be said that they “changed their religion” away from Judaism.

“Breaking the chain of Judaism”

These legal precedents, which in fact expanded the stated restrictions in the Law of Return, reached their height with Supreme Court case 10535/09, Anon. vs. the Interior Ministry. In this appeal, a Muslim woman, grandchild of Jews, and Jewish herself by halacha (her mother being Jewish), applied for olah status. The appellant’s mother was Jewish but had married a Muslim man, converted to Islam, and raised her children as Muslims.

The Supreme Court rejected a request to hold an additional hearing on this verdict, ruling that the mother’s conversion was considered “breaking the chain of Judaism”. The rationale behind this rejection was that the Law of Return is intended to allow Jews and their families to make aliya, and when the Jewish parent/grandparent loses their right to aliya due to conversion, their descendants also lose that right.

Aliya on the basis of conversion

The status of various non-Orthodox Jewish communities is a controversial subject in Israeli society, stirring up powerful feelings. Despite Supreme Court rulings on this issue over the years, the right to aliya on the basis of conversion is still granted almost exclusively to converts who have gone through Orthodox conversion. Though the Supreme Court has ruled repeatedly that a non-Orthodox conversion is enough (the Miller Supreme Court case), in practice the Supreme Court generally returns the question to the Knesset time after time, rather than ruling on the validity of reform or conservative conversion as a whole.

There is a specific list of rabbinical courts in Israel and even worldwide (even though this is not entirely in accordance with the Supreme Court ruling) whose conversion is recognized for the purposes of aliya. This situation creates many problems; thus, for example, in certain countries there is no religious court at all that is recognized for conversion, and there are long waiting lists for conversion in recognized courts, sometimes involving years of waiting.

Conversion in Israel: Exceptions committee and recognition of various conversions

As a rule, the conversion system in Israel serves only those who have Israeli citizenship or permanent residency; it does not serve people who do not have that status. For a candidate with any other visa to undergo judicial conversion in Israel, they must go through a special exceptions committee, which will interview the applicant to determine the sincerity of their desire to convert.

The conversion applicant must hold a regular tourist visa (2B) or a temporary resident visa (5A) – and the latter only if he has held a 5A visa for over a year.

At present, conversion performed in Israel is recognized for aliya only if it is done in this framework. Other forms of conversion are not recognized by the committee, and thus are not recognized by the Interior Ministry and cannot serve as a basis for aliya.

Conversion abroad

For the conversion to be recognized for the purposes of aliya, it must meet several criteria:

First, the conversion must be performed in the framework of a recognized Jewish community abroad.

Second, the aliya candidate must have converted in the framework of an organized, recognized conversion program in one of the recognized religious courts or communities.

Third, it is important to note that the Interior Ministry is authorized to require an up-to-date letter regarding the candidate’s participation in the community or a conversion permit.

Court rulings concerning various conversions

The State of Israel has no formalized a concrete law regarding conversion, as any attempts results in a struggle between Orthodox factions in Israel and Reform\ Conservative Judaism representatives abroad. As it stands, any “doubtful” giyur will be refused and possibly appealed at court based on fairly abstract criteria of conversion sincerity.

Restrictions on aliya

Section 2B of the Law of Return states that:

“An oleh’s visa shall be granted to every Jew who has expressed his desire to settle in Israel, unless the Minister of Immigration is satisfied that the applicant:

1.  is engaged in an activity directed against the Jewish people; or
2.  is likely to endanger public health or the security of the State.
3. possesses a criminal record and is likely to endanger public safety.

Rejection due to actions against the Jewish people/threat to state security

These restrictions, as of today, are in principle only; there is no known case in which a court has ruled in practice that an oleh visa should be refused due to these restrictions.

However, in recent years, we are witnessing more and more refusals to allow entrance to human rights activists from various countries or political activists, under the Entrance to Israel Law but not under the Law of Return. The most famous of these are the ban on entering Israel for a human rights activist, Omar Shakir, for the fact that the organization’s activities include reports accusing Israel of war crimes, as well as other harsh criticism of Israel’s policies; and a ban on entrance to a student thought to be active in an organization criticizing Israel.

Refusal due to a public health hazard

This section is intended to prevent the immigration of those carrying infectious diseases, who are likely to endanger the health of the general public, not patients with any other diseases. Officially, there is no documentation of a refusal on public health grounds, but when filling out the Population and Immigration Authority forms, an aliya candidate must declare that he does not suffer from mental illness/addiction to hard drugs or alcohol/tuberculosis/any disease that is likely to endanger public health or welfare.

This means that in practice, even though there is no legal justification for it, Population and Immigration Authority officials see addiction to hard drugs or alcohol, as well as mental illness, as part of this section, and may delay or deny such aliyah applications.

Rejection due to a criminal record

The last restriction set out by Section 2 of the Law of Return is the restriction which sees the most use. Anyone applying for aliya must present the Population and Immigration Authority with an up-to-date certificate of good conduct and thus, in practice, any criminal record can be a reason for delay or rejection under this section.

That said, a refusal may be appealed, establishing that the applicant is unlikely to pose a danger to public safety. One possible compromise is initially receiving status in Israel as a temporary resident (A-5 visa)

Citizen immigrant / returning minor

Someone who already has Israeli citizenship can sometimes be eligible for oleh benefits and can obtain oleh status.

A citizen immigrant is someone who was born abroad to an Israeli parent and would be eligible for oleh status under the Law of Return, if he was not an Israeli citizen to begin with. Someone who immigrates to Israel and meets this definition is eligible for oleh status, even though he is already an Israeli citizen.

Under the law, a child who is born abroad to an Israeli citizen receives Israeli citizenship on account of his parents, even if he never visited Israel. It is important to note that this status is not transferable to the next generation; Israeli citizenship on the basis of birth is granted only for one generation.

A returning minor is someone who left Israel after obtaining citizenship (either as an immigrant or as someone born to Israeli parents), before the age of 14, and returned after the age of 17 (arranging their status with the IDF meanwhile). During the period between leaving Israel and returning to it, the minor must spend at least four years abroad, a minimum of eight months in each calendar year, in order to be eligible for oleh status. This is all, of course, on the condition that he is eligible for return under the Law of Return.

Finally, an Israeli resident who returned to Israel after an extended stay abroad is considered a “returning resident” and is also entitled to certain benefits.

Revocation of aliya status

When someone made aliya and received Israeli citizenship, under the Law of Return, and then it was discovered that the aliya was done on the basis of false information, or forged documents, the Interior Minister has the right to revoke the citizenship which was obtained under false pretenses.

Revoking aliya on the basis of forged documents: It is clear that if the documents submitted for aliya are found to be forged, there is clear justification for revoking the citizen status. However, as noted, such cases are not common, given that today there are ways to clearly verify the accuracy of documents, such that forgery of documents is rare.

Regarding false information, however, the situation is different. When someone makes aliya to Israel, he must make declarations regarding a number of things: his marital status, his medical background, his religious faith, etc.

Thus, for example, if someone of Jewish extraction converted to Christianity, or his mother converted, and he did not declare this when applying for aliya, his citizenship could be revoked if this is discovered, even if many years had passed.

Aliya via the Jewish Agency

Anyone who wants to apply for aliya while still abroad must, according to regulations, do so at an Israeli embassy consulate. In practice, however, the authority to handle such applications is given to the Jewish Agency throughout the world. The Jewish Agency is sometimes assisted by additional organizations, such as Nefesh B’Nefesh or Netiv.

Nefesh b’Nefesh

The organization Nefesh b’Nefesh deals with submitting aliya applications from North America — the U.S. and Canada. I

Netiv

Netiv is an organization that specializes in evaluating applications and official documents of those making aliya from Eastern Europe: Russia, the Ukraine, Romania, etc.

Beyond these organizations, the Jewish Agency itself has various departments specializing in handling different countries: a department for olim from France, and another one for olim from South and North America. Each department specializes in recognizing the recommending rabbis and the known and recognized Jewish communities in those countries, in order to meet the needs of olim from there.

Aliya from various countries

Immigration to Israel is literally an ingathering of the exiles. Every year, olim arrive from dozens of countries throughout the world. Since the state of the Jewish community is unique for each country, requirements of the oleh may differ somewhat among countries.

Thus, for example, immigrants from the former Soviet Union are not required to present a letter from a community rabbi. This is due to the understanding that for many years, there was no real community religious life under the Soviet regime. Immigrants from France are required to bring a certification of the applicant’s Jewishness from the Paris beit din.

However, some people of Jewish extraction live in places where no organized or recognized Jewish community can be found; they must prove their Judaism in other ways.

What can be done if your application for aliya is rejected?

Often, before issuing a rejection, an unofficial policy of delay is employed – that is, additional requests for more documents, and lack of response to the application for a very long period, sometimes even for years. This tactic is common for aliya applications that the authorities intend to reject, and is often very effective, causing some applicants to eventually give up.

It may become necessary to get a court to order the Interior Ministry to issue a decision on an application that has been delayed for months or even years. Sometimes after submitting such a request, oleh status is approved without need for an additional application to the court. However, in other cases, the result is a formal rejection.

The rejection must first be appealed, at the Population and Immigration Authority.

If a second rejection is issued after submitting a detailed, reasoned internal appeal, the applicant may appeal to the court.

Up to 2019, the authority to hear aliya cases was granted to the Supreme Court, but after an amendment to the law, the authority is presently in the hands of the Administrative Affairs Courts, which are district courts. An appeal to the Administrative Affairs Court for an aliya case must be submitted by an attorney specializing in the field. It is important that the appeal be based on what was written in the internal appeal, and therefore in any case of an aliya application being rejected or unreasonably delayed, it is important to seek legal counsel and assistance from an attorney specializing in this area.

Summary

Immigration to Israel began with a simple, short law intended to realize the dream of ingathering of the exiles. The state’s founders sought to make Israel into a refuge for Jews from all over the world. However, this law has undergone many transformations during the years that the State of Israel has been in existence.

At present, this right is anchored in many regulations and significant bureaucracy, which changes from one immigrant to another, but still allows Jews and family members of Jews to immigrate to Israel and obtain immediate rights as citizens. This right is based solely on the applicant’s Jewishness or his familial connection to Jews.

Yet, there are more than a few challenges facing aliya applicants, described in detail in this article, of which a potential applicant should be aware. Therefore, to undergo the process in the best possible manner and avoid snags, it is important to consult with an attorney who is familiar with the details of the process and of the law, before submitting the aliya application.