Aliyah after Missionary Activity

If a non-Jewish member of a Jewish family wants to make Aliyah to Israel, they might face specific challenges or difficulties. In fact, for immigrants who aren’t Jewish, the aliyah process looks almost entirely different altogether. Your immigration can be particularly complicated if you are suspected of proselytizing. Within this article, we review a true case (details have been changed for confidentiality) in which we helped the grandchild of a Jew to make aliyah with his family after missionary activity, to illustrate the challenges that can occur, how they may be avoided, and why proper legal counsel is necessary when planning on immigrating to Israel.

The Case

A Christian family from the former Soviet Union (father, mother, two brothers, and a sister) is attempting to immigrate to Israel. The father had previously lived in Israel, having immigrated with his family as the grandchild of a Jew. Eventually, he returned abroad, where he married and had three children.

The family later decided to move back to Israel and manage a church; however, only the father was granted permanent residence, while the rest of the family had to renew their visa annually. A non-permanent visa was problematic for many reasons, both due to the hassle and yearly fees, and due to certain benefits only permanent residents and citizens receive. Specifically, because the eldest child was around the age of 16 and wanted to begin the process of applying for the Israeli army, the need for a permanent visa was more crucial.     

Legal Proceedings

The decision to grant the father permanent residence came after an appeal for him to be granted status as an Ole Hadash was denied, but the rest of the family had to renew their visa yearly. This was the first of many appeals throughout the legal process; however, the focus of the appeals shifted towards granting the rest of the family permanent residence.

Unfortunately, during the appeal process and accompanying interviews, the ministry accused the family of doing missionary work for the church they represent. Missionary work is illegal in Israel, and now the family’s immigration status was under further strain, with the father and mother theoretically facing a more severe consequence such as fees or jail time.

During the trial following said allegations of missionary activity, the judge ordered an interview with each family member. One of them is the youngest child, the daughter, who was around 12 and may have been easily intimidated during the interview. When asked if the family was doing missionary work, the daughter responded, “I do not know,” which did not paint the family well.

Eventually, the accusations of missionary work were dropped, the family’s appeal was accepted, and they were given permanent visas.

Why is this case and religious immigration significant?

Highlighting the intricate challenges and legal complexities that non-Jewish families face when attempting to immigrate to Israel, a nation with unique and stringent immigration laws primarily favoring Jewish applicants under the Law of Return, is important in any legal case regarding aliyah. This Christian family’s struggle underscores the financial and practical hurdles, such as the need for annual visa renewals and the uncertainty of permanent residency, which can impact various aspects of life, including the desire to participate in national service, as seen with the eldest son’s intention to join the Israeli army. 

Additionally, the case illustrates the legal obstacles regarding aliyah after missionary activity,  which can further complicate the immigration process and expose families to severe legal consequences. The need for proper legal counsel becomes evident as the family’s appeals and battles demonstrate the importance of navigating the complex legal framework to achieve permanent residency. This case reflects the personal and familial struggles. It serves as a broader example of the challenges faced by non-Jewish immigrants in Israel, emphasizing the necessity for legal support and the potential for systemic reforms in immigration policies.

This article was written with the help of paralegal Asher Force.

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