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{"id":13492,"date":"2018-03-25T07:33:21","date_gmt":"2018-03-25T07:33:21","guid":{"rendered":"https:\/\/temp.lawoffice.org.il\/?p=13492"},"modified":"2024-03-03T20:16:13","modified_gmt":"2024-03-03T18:16:13","slug":"aliyah-for-family-members","status":"publish","type":"post","link":"https:\/\/lawfirmbackup_200125.k1uagm.ap-southeast-2.wpstaqhosting.com\/en\/aliyah-for-family-members\/","title":{"rendered":"Aliyah for family members – immigration for non-Jewish descendants"},"content":{"rendered":"

Immigration to Israel for non-Jewish family members?<\/h4>\n

The Law of Return (1950) is considered one of the fundamental laws of the state of Israel as a Jewish democracy. The Law of Return establishes the legal basis to the ideological Zionist project that allows Jews and their non-Jewish family members to immigrate (make Aliyah) to Israel. In this article advocate Michael Decker, an Israeli immigration lawyer at our law office will explain who is eligible to make Aliyah to Israel and receive Israeli citizenship, focusing on Aliyah for family members<\/a> of Jews, Messianic Jews and members of other religions.<\/p>\n

“Who is a Jew” according to the Law of Return
\n<\/strong><\/h4>\n

Section 1 of the Law of Return determines that every Jew shall be entitled to immigrate to Israel, and obtain immediate citizenship. Section 4(b) of the Law of Return defines a Jew as an individual who has a Jewish mother, or as a convert to Judaism<\/a>, and who is not a member of another religion. In the Israeli Supreme Court ruling 265\/87\u00a0Beresford v. the Israeli Interior Ministry, it was decided that Israeli law equates Messianic Jews with Christians, therefore legally considering a Messianic Jew as member of another religion, and not Jewish. Given that Jews who have converted to another religion are not entitled to immigrate to Israel, in accordance with the Jewish definition given in Section 4(b) of the Law of Return, Messianic Jews (or people suspected of being Messianic Jews) are routinely denied the right to make Aliyah. In fact, any person who is Jewish according to the orthodox Jewish religion (child of a Jewish mother) and wants to make Aliyah, but actually practices a different faith, will not be legally eligible for Aliyah.<\/p>\n

Aliyah for family members of Jews regardless of their faith <\/strong><\/h4>\n

\"AliyahThe Law of Return states that “a family member of a Jew” can mean a child or grandchild of a Jew, or the spouse of a Jew, or the child or grandchild to a Jew. The law does not provide for the immigration of other family members, such as siblings or half siblings and grand-grandchildren.<\/p>\n

Section\u00a04a(a) of the Law of Return permits non-Jews to immigrate to Israel, if they are family members of Jews (as defined above), but prevents an individual who was once Jewish, but then willfully changed his or her religion from exercising the Right of Return.<\/p>\n

Therefore, if a non-Jewish member of another religion only has a Jewish father, or Jewish grandparents, and does not have a Jewish mother, he or she, would be entitled to immigrate to Israel legally, in accordance with the Law of Return allowing Aliyah for family members. It is important to note that hundreds of thousands of people have made Aliyah to Israel as family members of Jews. They were not considered Jewish according to the Law of Return, but were eligible for Aliyah as a family member of a Jew.<\/p>\n

In fact, in the Supreme Court verdict 2708\/06\u00a0Steckback v. the Interior Ministry (Court ruling from the 16th<\/sup> of April 2008) it was clearly determined that a Messianic Jew would be entitled to immigrate to Israel, as a family member of a Jew, according to Section\u00a04a(a) of the Law of Return, provided that he or she does not have a Jewish mother.<\/p>\n

The same logic would seem to apply to a Messianic Jew\/Christian, whose mother converted to Messianic Judaism, or Christianity, or any other religion, before the birth of the person in question. As the mother had converted before the birth of the Aliyah applicant, this individual was not born to a Jewish mother, and would therefore not be defined as a Jew, according to Section 4(b) of the Law of Return.<\/p>\n