Aliyah with a Criminal Record

Is a person who is Jewish or eligible for aliya under the Law of Return but has a criminal record allowed to immigrate to Israel? One of the required documents for aliyah to Israel is a certificate of good conduct. The Ministry of Interior may often reject an immigration request from someone with a criminal record, even if the offense was not significant. On the other hand, it is possible to appeal the rejection and demonstrate that the applicant does not pose a threat to public safety in Israel, and is eligible for aliyah even with a criminal record.

Israel is defined as the homeland of the Jewish people, but it is also clear that Israel does not, and arguably should not, become a haven for criminals. In this article, attorney Joshua Pex, an immigration lawyer from our firm, will address the conditions under which a person with a criminal record may be permitted to immigrate to Israel.

Israel – The National Home for the Jewish People

The Law of Return, enacted in 1950 and referred to as the “foundation stone” of the State of Israel by Prime Minister David Ben-Gurion, serves as the primary expression of Israel’s role as a national home for the entire Jewish people. The law’s purpose is to fulfill the biblical commandment, “The children shall return to their borders,” and to realize the Zionist dream of gathering Jews back to their historic homeland in the land of Israel. Section 1 of the Law of Return declares: “Every Jew has the right to immigrate to Israel.”

Israel is Not a Haven for Criminals from Around the World

While Israel serves as a home for every Jew, Israel’s immigration policy, like those of other countries, denies an obligation to accept individuals with criminal records who may pose a threat to public safety. Following the principle of maintaining public order and excluding criminal elements from the state, Section 2(b) of the Law of Return stipulates that an immigration visa will not be granted to a Jew if they have a criminal record that could endanger public safety.

Does Every Applicant with a Criminal Record Necessarily Pose a Threat to Public Safety in Israel?

The Supreme Court of Israel, sitting as the High Court of Justice (Bagatz), has often been called upon to decide whether an individual eligible for immigration with a criminal record is allowed to immigrate to Israel.

First, it is important to note that the Supreme Court has ruled that a person can have a criminal record and still not be deemed a threat to public safety. The level of danger may be assessed based on the background and circumstances of the offense, or by demonstrating other disreputable actions of the applicant.

Second, the justices of the Supreme Court have suggested additional criteria for assessing an individual’s threat to public safety. The severity of the offenses is not the only factor to consider when evaluating an immigration request. The justices have ruled that Ministry of Interior officials, who decide on immigration applications, may also consider factors such as the likelihood of the person reoffending, their chances of rehabilitation, and the frequency of their criminal behavior when reviewing a request from an applicant with a criminal record.

In conclusion, although Israel is a homeland for Jews, it maintains a delicate balance to ensure that public safety is not compromised. Each case involving an immigration request from an individual with a criminal record is reviewed on its merits, taking into account the nature of the offenses and the potential risk posed to Israeli society.

Considerations According to Ministry of Interior Procedure – Immigration to Israel with a Criminal Record

The Ministry of Interior’s procedure for handling requests to change status from tourist to immigrant introduced for the first time a series of considerations that can influence the decision to approve or reject an immigration request from a person with a criminal record. According to this procedure, officials from the Ministry of Interior evaluate the severity of the offense and the timing of the offense. It is clear that the more severe the crime and the more recent it occurred, the stronger the indication of potential danger. It’s important to note that even if the crime was committed long ago, but the applicant was only recently released from prison, there is a high likelihood that the immigration request will be denied. On the other hand, a smaller number of offenses and positive indications of the applicant’s rehabilitation will certainly work in favor of someone seeking to immigrate to Israel despite having a criminal record.

What Can Be Done If an Immigration Request Is Denied for a Person Eligible for the Law of Return with a Criminal Record?

A person who wishes to immigrate to Israel but has their request denied due to a criminal record may file an appeal against the decision. Officials from the Population and Immigration Authority’s headquarters in Jerusalem have the authority to approve the immigration request following the appeal and issue an immigrant visa to Israel.

However, in some cases, a person eligible for the Law of Return who wishes to immigrate to Israel with a criminal record will not immediately receive approval to immigrate. Instead, they may be granted a trial period with temporary residency status. The purpose of this period is to assess whether the person, who is seeking Israeli citizenship, engages in criminal activity during their stay in Israel. After the trial period, and provided that the applicant has not been involved in any criminal activity, they will be granted immigrant status in Israel, and subsequently, Israeli citizenship under the Law of Return.

Immigration Lawyers in Israel

If you have any questions regarding immigration to Israel with a criminal record or immigration to Israel in general, or any other question related to immigration, please feel free to contact us – we would be happy to assist!

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03-3724722

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office@lawoffice.org.il