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Arranging the Legal Status of Foreign Minor Children in Israel at the Ministry of Interior<\/strong><\/h4>\nSpouses who wish to establish a family together in Israel must submit a request to arrange the legal status of the foreign spouse. This request must be submitted at the Israeli spouse’s local Population and Immigration Authority office. The complex procedure for obtaining legal status is supervised by the Ministry of Interior via the Population and Immigration Authority.<\/p>\n
It is not easy to arrange the legal status of a foreign citizen who wishes to live with their Israeli spouse, whether they are formally married or in a common-law marriage<\/a>.<\/p>\nArranging the legal status of the child of a foreign spouse from a previous marriage is even more difficult, both materially and procedurally, and special criteria have been established by the Ministry of Interior for arranging the legal status of minor children. Be aware that the minor children of a foreign spouse may only receive legal status if their parent is married<\/strong> to the Israeli spouse. There is no procedure for arranging the legal status of minor children whose parent is in a romantic relationship with an Israeli citizen or resident but not married to them.<\/p>\nThe Normative Route: The Israeli Citizenship Law \u2013 Legal Status of Foreign Spouses of Israelis<\/strong><\/h4>\nThe procedure for requesting legal status for the foreign spouse of an Israeli follows a detailed protocol<\/a> stipulated by the Population and Immigration Authority,\u00a0 numbered 5.2.0008, which sets clear criteria for conducting the procedure. The manner in which the request is handled is determined in Section 7 of the Citizenship Law<\/a>, 5712\u20141952, as follows:<\/p>\nNaturalisation of husband and wife (Amendment No. 4), 5740\u20141980<\/em><\/strong><\/p>\n\n- The spouse of a person who is an Israel national or who has applied for Israel nationality and meets or is exempt from the requirements of section 5 (a) may obtain Israel nationality by naturalisation even if she or he is a minor or does not meet the requirements of section (5) (a).<\/em><\/li>\n<\/ol>\n
The status of the foreign minor children of foreign citizens is determined in Section 1 of the Entry into Israel Law, 5712\u20141952, as follows:<\/p>\n
“The entry of a person, other than an Israel national or an <\/em>oleh under the Law of Return (5710-1950), into Israel shall be by visa, and his residence in Israel shall be by permit of residence, under this Law.”<\/em><\/p>\nHow to Arrange the Legal Status of Foreign Minor Children in Israel<\/strong><\/h4>\nSection 7 of the Citizenship Law (also known as the Nationality Law) is intended to enable the naturalization of the foreign wife of an Israeli citizen. This naturalization is made possible so that the family unit may remain intact and the couple may continue living together in Israel as a family along with their children.<\/p>\n
However, the right of citizens to a family life is not absolute. The foreign spouse is not automatically eligible to Israeli citizenship by virtue of being married to an Israeli citizen; rather, they must follow the graduated procedure, which takes about six years. During this period, Ministry of Interior officials examine, via yearly interviews<\/a> and other methods, whether or not the applicant’s center of life is in Israel with their Israeli spouse and whether the marriage is genuine and lawful.<\/p>\n![\"status](\"https:\/\/lawfirmbackup_200125.k1uagm.ap-southeast-2.wpstaqhosting.com\/wp-content\/uploads\/2020\/12\/unlawful-child-deportation-to-300x239.jpg\")
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When minor children from a previous marriage are brought by their parent for the purpose of obtaining legal status, the rules are different depending on whether the children are aged below or above 15 years.<\/p>\n
Minor children below 15 years of age:<\/u><\/strong> For children who are younger than 15, the approval of the child’s second biological parent in Israel or abroad is required regarding the child’s immigration to Israel or naturalization there, as explained below.<\/p>\nMinor children above 15 years of age:<\/u><\/strong> For children who are older than 15, the Ministry of Interior requires\u2014in addition to all the other criteria\u2014legal approval (a divorce ruling or agreement), as well as concrete evidence proving that the minor child has been at least two years in the custody of the parent residing in Israel.<\/p>\nApproval of the Second Biological Parent from Abroad Regarding the Child’s Immigration to Israel<\/strong><\/p>\n
Arranging the legal status of the child of a foreign spouse from a previous marriage is even more difficult, both materially and procedurally, and special criteria have been established by the Ministry of Interior for arranging the legal status of minor children. Be aware that the minor children of a foreign spouse may only receive legal status if their parent is married<\/strong> to the Israeli spouse. There is no procedure for arranging the legal status of minor children whose parent is in a romantic relationship with an Israeli citizen or resident but not married to them.<\/p>\n The procedure for requesting legal status for the foreign spouse of an Israeli follows a detailed protocol<\/a> stipulated by the Population and Immigration Authority,\u00a0 numbered 5.2.0008, which sets clear criteria for conducting the procedure. The manner in which the request is handled is determined in Section 7 of the Citizenship Law<\/a>, 5712\u20141952, as follows:<\/p>\n Naturalisation of husband and wife (Amendment No. 4), 5740\u20141980<\/em><\/strong><\/p>\n The status of the foreign minor children of foreign citizens is determined in Section 1 of the Entry into Israel Law, 5712\u20141952, as follows:<\/p>\n “The entry of a person, other than an Israel national or an <\/em>oleh under the Law of Return (5710-1950), into Israel shall be by visa, and his residence in Israel shall be by permit of residence, under this Law.”<\/em><\/p>\n Section 7 of the Citizenship Law (also known as the Nationality Law) is intended to enable the naturalization of the foreign wife of an Israeli citizen. This naturalization is made possible so that the family unit may remain intact and the couple may continue living together in Israel as a family along with their children.<\/p>\n However, the right of citizens to a family life is not absolute. The foreign spouse is not automatically eligible to Israeli citizenship by virtue of being married to an Israeli citizen; rather, they must follow the graduated procedure, which takes about six years. During this period, Ministry of Interior officials examine, via yearly interviews<\/a> and other methods, whether or not the applicant’s center of life is in Israel with their Israeli spouse and whether the marriage is genuine and lawful.<\/p>\n When minor children from a previous marriage are brought by their parent for the purpose of obtaining legal status, the rules are different depending on whether the children are aged below or above 15 years.<\/p>\n Minor children below 15 years of age:<\/u><\/strong> For children who are younger than 15, the approval of the child’s second biological parent in Israel or abroad is required regarding the child’s immigration to Israel or naturalization there, as explained below.<\/p>\n Minor children above 15 years of age:<\/u><\/strong> For children who are older than 15, the Ministry of Interior requires\u2014in addition to all the other criteria\u2014legal approval (a divorce ruling or agreement), as well as concrete evidence proving that the minor child has been at least two years in the custody of the parent residing in Israel.<\/p>\n Approval of the Second Biological Parent from Abroad Regarding the Child’s Immigration to Israel<\/strong><\/p>\nThe Normative Route: The Israeli Citizenship Law \u2013 Legal Status of Foreign Spouses of Israelis<\/strong><\/h4>\n
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How to Arrange the Legal Status of Foreign Minor Children in Israel<\/strong><\/h4>\n
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