How to Make Aliyah to Israel?

Every year, tens of thousands of new immigrants (Olim) arrive in Israel from various countries around the world. The process of immigrating to Israel can be lengthy, possibly starting long before one’s arrival and continuing even years after settling in Israel.  Those who are entitled to receive Israeli nationality according to the law of return are; Jews, children for Jewish or grandchildren of Jews. The Law of Return also grants the right to make Aliyah to Israel and receive Israeli citizenship to the spouse and minor children of Jews as well as the families of children and grandchildren of Jews. This article will explain how to make Aliyah to Israel, who is eligible, how the immigration process works, which documents the immigrant must present, how one can immigrate after staying in Israel, and the rights afforded to new immigrants.

Where does a person apply for Aliyah?

Israeli immigration regulations allow people to enter Israel on a tourist visa and apply for Aliyah while in Israel. However, it’s also possible to apply for Aliyah in advance, before moving to Israel. This is done through the Israeli consulate, Jewish Agency, or in some cases through organizations such as Nefesh Be’nefesh, who help with the Aliyah process, for those who are eligible.

 Additionally, consulting an immigration attorney can help maximize the rights granted to new immigrants and liaise with the Ministry of Interior.

Who Can Make Aliyah to Israel?

Three laws provide the legal framework for immigration to Israel: the Law of Return (1950), the Citizenship Law (1952), and the Entry to Israel Law (1952). The Law of Return is the primary legislation from which the right to make aliyah to Israel stems. Initially, the law granted every Jew the right to immigrate to Israel without defining who qualifies as a Jew.

Over the years, many disputes arose regarding the definition of a Jew and to whom the law applies. Ultimately, in an amendment made to the Law of Return in 1970, it was determined that a Jew is someone who was “born to a Jewish mother or has converted to Judaism and is not a member of another religion.” Simultaneously, the amendment stipulated that the rights of a Jew under this law, as well as the rights of an Ole under the Citizenship Law (1952), and any other legislation, also apply to a child, grandchild of a Jew, a spouse of a Jew, and the spouse of a child or grandchild of a Jew, excluding someone who was Jewish and willingly converted to another religion. Hence, according to the Law of Return, halachically recognized Jews, their children, grandchildren, and spouses can immigrate to Israel.

The definition of a recognized Jewish conversion for the purposes of the Law of Return remains contentious. Alongside Orthodox conversions universally recognized for immigration, the Israeli courts had also recognized Reform and Conservative conversions conducted in Israel. However, it’s essential to note that an aliyah request based on conversion is not automatically approved. Consulting an immigration lawyer to Israel can help clarify the validity of the conversion and the legal feasibility of immigration.

What documents are necessary for Aliyah to Israel?

Before making Aliyah, applicants must provide a variety of civil and religious documents to prove their eligibility under the Law of Return. Two kinds of documents are required. First, civil documents, such as certificates of birth, FBI background check regarding criminal activity. Second, religious document to prove eligibility based on being Jewish, or of Jewish descent. In total, the documents include:

1. A valid passport.
2. An original birth certificate or a notarized copy with an apostille seal. If the document isn’t in English, it should be translated by a notary fluent in the document’s original language.
3. A conduct certificate from the past three months.
4. Documentation proving the applicant’s Jewish heritage, such as a letter from a community rabbi in their residing country. The letter should attest to the Jewish heritage of the applicant or their parents or grandparents. For this letter to serve as proof of Judaism, the rabbi must appear on the list of rabbis recognized for conversion by the Ministry of Interior. It’s worth noting that new immigrants from the former Soviet Union don’t need to present this document.
5. Another option to prove Judaism is to present a marriage certificate indicating the wedding took place in a synagogue or another Jewish institution. This can be the original document or a notarized and translated copy.
6. In some cases, the applicant might need to provide a family member’s death certificate to verify that they were buried in a Jewish cemetery.
7. Applicants can also include any other document testifying to their Jewish heritage or that of their family members.

It’s crucial to understand that if the applicant wishes to immigrate to Israel with their family, they must present a certificate of marriage to their spouse as well as birth certificates for their children.

It’s important to note that all documents presented in Israel to the immigration clerks must be authenticated with an Apostille stamp and often translated by an Israeli notary public.

How can a convert to Judaism make aliyah to Israel?

In cases where an applicant wishes to immigrate to Israel after undergoing conversion, they must present the following documents:

• The original conversion certificate with the ruling of the religious court where the conversion took place.
• A letter in which the applicant explains the conversion process they underwent.
• A letter from the community rabbi where the applicant underwent the conversion and a letter from the rabbi of the community to which they currently belong. The letter should describe the conversion process and the current status of the applicant in relation to Judaism.
• A letter from the rabbi who conducted the conversion process for the applicant. The letter should explain the process the convert went through.

In addition, the rabbi who accompanied the conversion process and the court where the conversion took place must be listed on the recognized list at the Ministry of Interior.

How to make Aliyah in Israel?

According to the regulations of the Law of Return, a tourist (or anyone who entered Israel with a tourist visa) is entitled to change his status from a tourist with B/2 visa to Israel, to a state of new immigrant (Oleh Chadash). The request should be submitted in the Regional Bureau of the Ministry of the Interior (Population Authority) nearest fo the tourist’s place of residence. The request is handled by the population authority and the answer is received in the same office where the request was submitted in Israel.

Before applying for Aliyah to Israel, make sure that:

1. The tourist is in Israel and holds a valid B/2 tourist visa for staying in Israel.
   2. The tourist can be attending when applying, Personal presence is required.
   3. The tourist has a valid foreign passport, valid for at least one year from the day the request was initially presented.
   4. All the appropriate paperwork and photos have been submitted correctly.
   5. Original documentation has been prepared, verified and properly translated.

Can one immigrate after living in Israel?

Yes. New immigrants have the option to come under the A/1 temporary residency visa, which allows those eligible under the Law of Return to come to Israel for up to five years to work, study, and live in the country. The purpose of this visa is to give potential immigrants a “taste” of life in Israel and to assess their desire to settle permanently. After the visa expires, they are not obligated to become permanent residents.

Applicants coming under the A/1 visa must present the documents mentioned in this article, prove that they don’t have a criminal record, have never been denied entry to Israel, and do not pose a threat to Israel’s security.

Upon receiving the visa, its holder will get an identification card that is not blue (i.e., not that of a citizen) but can enjoy all the social and societal rights granted to an Israeli citizen, such as national insurance or health insurance. However, they cannot obtain a passport or vote in elections since they are not yet citizens.

Additionally, those eligible for aliyah (immigration) have the option to change their status from a tourist in Israel to an immigrant. On the one hand, this is a process that doesn’t require gathering and submitting documents before arriving in Israel, and it’s especially convenient for those who need to come to Israel urgently without prior preparations, such as immigrants from Ukraine during the Russian invasion. On the other hand, if an aliyah applicant doesn’t have the necessary documents to prove eligibility, it becomes more complicated to obtain them without leaving Israel.

What rights do immigrants have after arriving in Israel?

After immigrating to Israel, new immigrants are entitled to numerous benefits designed to aid their assimilation:

• An absorption basket providing living expenses for the first six months.
• Tax exemptions and reductions.
• Assistance for single parents for school fees and payments for kindergartens.
• Public housing for up to 15 months.
• Free health insurance and reduced health fund payments.
• Easements in matriculation exams.

It’s essential to consult with an immigration lawyer in Israel to maximize all the rights due to a new immigrant. A knowledgeable immigration lawyer will advise the immigrant and ensure they don’t lose any rights.

Problems with making Aliyah to Israel according to the law of return

Most applicants experience the Aliyah process as a positive experience. Usually a person can provide the necessary documents and will be approved within several weeks and receive Israeli citizenship. However, there are those who run into problems for various reasons.

Our law firm has much experience helping people with issues of criminal background in their Aliyah to Israel process. Also those who have had issues of mental health may find that the Israeli immigration officials are giving them unnecessary trouble, or are taking a long time to process the Aliyah applications, even if they are not a danger to the public. You can read more about the making Aliyah to Israel for those with mental illness issues. Another issue that may cause serious problems in the process of Aliyah to Israel is suspicion or evidence that the person who wishes to make Aliyah is not Jewish, or is part of another religion. You can read more about this issue and an extensive review of the Israeli Supreme Court verdicts on the question of who is considered Jewish according to the law of return, on our website, here.

Consulting an Immigration Lawyer

Immigrating to Israel is a lengthy process that demands familiarity with the Ministry of Interior and the Population and Immigration Authority. Understanding the various procedures of the Population and Immigration Authority and adequately representing the applicant’s case to the Ministry of Interior will ensure swift immigration and the full realization of the immigrant’s rights.

Our law firm specializes in visas to Israel, immigration, and obtaining residency in Israel. If you wish to immigrate to Israel, obtain an entry visa and permanent status, get Israeli citizenship, bring a spouse or family to Israel, and more, we’re here to help.

To schedule a meeting with our immigration lawyer in Tel Aviv or Jerusalem, please contact us via phone or the email provided below. We are at your service.

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03-3724722

055-9781688

office@lawoffice.org.il