Foreign spouse status in Israel when their Israeli partner’s citizenship is questioned

What happens to a  Foreign spouse status in Israel when their Israeli partner’s citizenship is questioned? In other words, the couple contact the Ministry of Interior in order that the foreign spouse may start the process of becoming a citizen \ resident in Israel. However, MoI officials find that the citizenship of the Israeli spouse is in doubt – based on incorrect or falsified information. Under the circumstances, the Israeli spouse may theoretically lose their citizenship, but it is almost certain that the foreign spouse will encounter delays or rejections in their quest to obtain official legal status in Israel. In this article, attorney Joshua Pex, an expert in immigration law from our firm, explains how to handle such cases.

You may contact our offices in Jerusalem and Tel Aviv for any questions regarding the regularization of foreign partners’ status in Israel. Our lawyers have extensive professional experience in immigration to Israel, particularly in regularizing the status of foreign partners.

When Might Doubts Arise Regarding the Citizenship of Israeli Partners?

The Citizenship Law includes a legal mechanism that allows the Minister of Interior to revoke the citizenship of an Israeli under certain circumstances. This issue arises primarily when the Ministry can make a substantiated claim that the citizenship was obtained fraudulently. Most commonly we are talking about cases where Israeli citizens may have presented fraudulent documents when applying for aliyah (immigration to Israel) or where there are doubts about their Jewish heritage, such as for citizens who immigrated from former Soviet Union countries. This may also apply to citizens affiliated with the Messianic Jewish movement.

Another relevant scenario, which may also apply to non-Jewish citizens, involves citizens from high-risk countries. There is a separate section in the Citizenship Law, pertaining to a breach of loyalty to the State of Israel, dealing with such cases.

When Does the Law Allow For Citizenship Revocation?

In principle, the Minister of Interior or employees of the ministry may only revoke an Israeli citizenship according to specific rules outlined in the Citizenship Law. Generally, this can be done only within three years from the date of acquiring citizenship. After three years, the authority to revoke citizenship is transferred to the Administrative Court, to which the Minister of Interior can appeal.

As mentioned above, in practice, there are cases where the Ministry of Interior may question an Israeli citizenship even many years after it was granted. This leads to delays in invitations to Israel or the regularization of legal status.

What Can Be Done to Handle Application Delays at the Ministry of Interior?

Decisions made by the Ministry of Interior can be challenged in judicial forums. Israeli courts, as well as the Ministry of Interior’s Appeals Tribunals (which handle appeals within the framework of status regularization procedures), may intervene in favor of the couple in cases of unreasonable delays in the process of status regularization for foreign partners.

In a case represented by Attorney Michael Decker from our firm, the Administrative Court in Jerusalem heard an appeal from an Israeli citizen who immigrated from Ukraine as a child with his parents (and received citizenship under the Law of Return) and his non-Jewish partner from Belarus. The Ministry of Interior refused to regularize their status due to doubts about the Israeli partner’s citizenship, resulting in a delay of no less than four years. The court accepted the couple’s appeal, ruling that the extended period without a decision was unreasonable, particularly given that it concerned a young couple at the start of their life together, aiming to plan a shared future. It was determined that the couple should proceed to the graduated procedure without further delay.

In another case, an appeal was filed by a Russian citizen who married an Israeli who immigrated to Israel from Russia under the Law of Return. The couple had two children in Israel. During the process of regularizing the wife’s status, the Ministry of Interior suddenly claimed that the husband was a Jew who converted to a different religion and had previously been part of a Messianic community before his immigration. The Appeals Tribunal determined that the likelihood of revoking the husband’s citizenship was close to zero. Accordingly, the tribunal ordered the continuation of the wife’s status regularization process, leading to her naturalization, without giving any weight to the couple’s religious beliefs or the Israeli partner’s religious background.

Contact an Expert Immigration Lawyer in Israel

In conclusion, the Ministry of Interior has the authority to delay the status regularization of foreign partners when the citizenship of the Israeli partners is in question. However, this authority is limited and subject to judicial review. Such cases underscore the need for a thorough examination of the couple’s rights. Consulting with an expert immigration lawyer in Israel can help prevent delays and effectively address any obstacles. Our law firm has assisted numerous couples with such issues, and our lawyers are available to help with any questions or legal matters that arise.

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