Immigration to Israel
You visited Israel and love the country, you want to permanently immigrate but can’t because you are not Jewish? Have you found the love of your life but the Ministry of Interior will not permit you to live with them in Israel? Are you Jewish but are unable to prove it due to lack of documentation thereby disqualifying yourself from immigrating to Israel?
These are a few examples of people who are interested in immigrating to Israel, but are often barred entry due to the rigidness of the Immigration Authorities in Israel, causing spouses and other family member to be unable to reunite with their loved ones.
Types of Immigration Petitions to Israel
Generally, Israeli citizenship is given to a person upon their birth to an Israeli citizen. This right is given according to the law, which also states that any Jew and / or a descendent of a Jew is entitled to immigrate to Israel with their immediate family (which includes a spouse and children under the age of 18). Any person that is not entitled to receive a resident status according to the Law of Return, must legally qualify for one of the categories for conditional/permanent residency or citizenship in Israel. The following are several examples of various categories that enable receiving residency and immigration to Israel:
- Foreign common law spouse of an Israeli citizen (with whom they maintain a common household) who wishes to immigrate to Israel
- Foreign married spouse of an Israeli citizen who wishes to immigrate to Israel
- Regulating status of a foreign spouse following divorce from an Israeli citizen
- Regulating status of a foreign spouse following death of the Israeli citizen
- Application for family reunification
- Regulating the status of an elderly and single parent of an Israeli citizen
- Status for the parent of a soldier
- Granting status in Israel on humanitarian grounds
These are a few of the examples of situations that are eligible to apply for immigration to Israel. The ministry of Interior will examine each case in accordance with the conditions laid down by the law. The Ministry of Interior has wide discretion with regards to requests for immigration to Israel and the requester may sometimes discover that the process is long and complicated.
Immigration to Israel – the Ministry of Interior
The Declaration of Israel states that the country is a Jewish country. Over the years, fundamental laws, rules and regulations were legislated, reflecting the nature of Israel as a democratic Jewish country, and the Population Authority in Israel, also known as the Ministry of Interior, acts accordingly. The Ministry of Interior has many authorities, including authority to decide on all matters relating to immigration to Israel. As stated above, the Ministry of Interior has wide discretion in requests for immigration and have a rigid and complex policy for obtaining status in Israel. It should be noted that the Administrative Laws apply to the decisions of the Ministry of Interior, which include, among others, making decisions while balancing the interests of justice and fairness versus administrative efficiency.
In light of the policy of the Ministry of Interior and their conduct, the requesters are often forced to undergo long and complex procedures to obtain the long awaited for status. Often the requesters encounter bureaucratic problems, laconic responses and lack of transparency that ultimately lead to a denial from the Ministry of Interior, with seemingly no apparent reason. In light of the above mentioned, requesters are often forced to hire an attorney that specializes in Immigration to Israel.
The appeal procedure on decisions of the Ministry of Interior
Usually, the requester will go to an attorney after receiving a denial from the Ministry of Interior. It should be noted that a denial of an immigration request should not be considered hopeless, and that there are a number of ways to go about having the decision changed. For example, there is the option of submitting an internal appeal, petitioning the Appeals Court (a specialized court that can be appealed to, following certain decisions from the Ministry of Interior), petitioning the High Court of Justice and more. If you have received a denial from the Ministry of Interior you should contact an attorney that specializes in Immigration to Israel as soon as possible, due to the times stipulated in the law that allow for appealing. Therefore, there is a need to act quickly and effectively.
In light of the complexity of the procedures with the Ministry of Interior in all matters pertaining to immigration to Israel, we recommend you consult an attorney specializing in immigration to Israel before the start of the procedure, if only to receive advice and guidance on how to submit the request, where to submit it, which document to produce and in which method. A consultation can assist you in avoiding mistakes, speeding up the process and improve your chances of having the Ministry of Interior approve your request for immigration to Israel.
Tamar Klarfeld Law Offices specializes in immigration request to Israel in general and in all matters pertaining to the Ministry of Interior in particular
Our office has many years of experience in all matters relating to immigration requests. Our office supplies various services, including: consultation before submitting an immigration request, assistance in submitting immigration requests, full representation, including: accompaniment to the various Ministry of Interior offices, submitting appeals when required, appealing to the High Court and more…
We have often encountered different policies in the various offices of the Ministry of Interior, in spite of the internal procedures that apply to all offices. Our office has extensive experience with the various representatives of the Ministry of Interior all over the country, including personally arriving at the offices and extensive knowledge of the internal requirement of the Ministry of Interior.
If you are interested in submitting a request for immigration to Israel, and / or to consult on the matter contact us.