REPATRIATION TO ISRAEL
The right to repatriation under the Law of Return is granted to every Jew and his family, including his descendants, their families and their descendants, who wish to repatriate to Israel, using the repatriate visa.
Even the spouse of a Jew or his descendants are entitled to receive this status under the Law of Return, and even those who have adopted the Jewish religion and received recognition of their conversion to Jewry deserve the status of a new repatriate.
As a rule, the Law of Return, which was adopted in 1950, provides for the acquisition of citizenship of Israel for every Jew who has repatriated to Israel. The law also extends this right to persons, one of whose parents or a grandmother or a grandfather are Jews.
There is also a right to repatriation granted to the third generation: for those whose spouse is a Jew or whose spouse is a son of a Jew or a grandson of a Jew – they also have the right to repatriate to Israel.
Even after the death of a Jew, his nuclear family is legally entitled to repatriate to Israel, thus aiming to obtain the legal status in Israel.
It should be noted that applicants for such status who have a criminal past and who acted against the Jewish people, which could jeopardize the welfare and safety of the Israeli public, will be denied the right to repatriate to Israel.
Law of return
The Law of Return authorizes the Minister for Citizenship and Immigration to restrict the immigration of those who act against the Jewish people or those who may threaten the security of the State or have a criminal past that may threaten public safety.
The law also recognizes the right of a married spouse or a spouse in a civil marriage with a Jew to receive such status in Israel.
The law recognizes those who have properly adopted the Jewish religion and regards them as Jews who have the right to repatriate to Israel. It should be emphasized that not every conversion to the Jewish religion is recognized and the State rejects fictitious applications, the purpose of which is to achieve legal status in Israel.
For minors who have been adopted abroad by those who have the right to return under the repatriation law, the Ministry of Internal Affairs verifies the veracity of the adoption by examining whether, it is an adoption made shortly before submitting an application for repatriation, or if the minor has reached maturity.
Ministry examines the veracity of the adoption in order to ensure that the adoption is not fictitious and is not made with the intention of obtaining legal status in Israel.
Court cases
Rufeisen, Oswald 1962 – Shmuel Oswald Rufeisen “Brother Daniel” was a Jew who converted to Christianity and became a monk, however he wished to repatriate to Israel under the Law of Return.
Rufeisen claimed to be a Christian, but still a member of the Jewish people. In addition, according to him, the term “Jew” in the Law of Return should be interpreted in a secular format and, from this perspective, he was born a Jew and that is how he sees himself. He also claimed that he was a Jew under the Law of Return. His petition was rejected as he had converted to Christianity; the claim he filed was also rejected and it was established that he could not be regarded as a Jew for the purposes of the law.
The Supreme Court of Israel – Benjamin Shalit, a Jew who married a non-Jewish woman and claimed that his wife did not belong to any religion and that they had children together, Oren and Galia Shalit; he asked to register their children as non-religious representatives of Jewish nationality, however, the Ministry of Internal Affairs rejected his claim and Benjamin Shalit filed an application before the Supreme Court of Israel against the Ministry of Internal Affairs.
Shalit claimed that he wanted to live in Israel and raise his children as Jews. The Supreme Court accepted the Benjamin Shalit’s claim and ruled that the Ministry of Internal Affairs should register his children as Jews on the grounds that the religious interpretation of the term “Jew” in the Law on Return, which is essentially a secular term, is unacceptable, and those who claim to be Jews and do not belong to another religion will be registered as Jews.
Today implementation
On the basis of this decision, the law was amended in 1970 and it was determined that a Jew is a person who was born from a Jewish mother or a person who adopted Judaism and does not belong to any other religion.
As you can see, the decision is made taking into account the applicant’s religion, his roots and even his worldview. The decision of the ambassador or of the Ministry of Internal Affairs is not a final one and the courts have broad powers to change it.
Our company represents many clients at the Ministry of Internal Affairs and at the Population and Immigration Authority. The specialists of our law firm have all the knowledge and expertise necessary to solve complex issues and represent our clients’ interests in government bodies, including embassies. Our law firm assists its clients until the process is completed.
If the Ministry of Internal Affairs or the embassy reject an application for granting the status of a new repatriate on a particular basis, be it the absence of documents confirming the applicant’s Jewry or if the applicant has a criminal record and his application for repatriation was rejected.
The modification of the ruling of the Ministry of Internal Affairs and/or of the embassy of Israel is allowed in courts as a result of appeal or administrative proceedings.
The doors of the courts are wide open to all applicants for repatriation, who for one reason or another find it difficult to obtain the status of repatriate in Israel.
Work visa for individuals with a right to repatriation and/or for returning Israelis
For many years, the State of Israel has been recognized as a democratic state by other democracies with a strong economy, and as one of the world leaders in the high-tech industry, advanced medicine and welfare for all its citizens.
Those eligible for repatriation and their families, who have not yet decided whether they wish to repatriate to Israel, will be eligible for an open B1 work visa for the cumulative period of five years.
If until the expiry of this period, those who have the right to repatriation do not decide whether they want to become Israeli citizens, there is a possibility of obtaining an A5 type visa for an additional two-year period, which allows them to stay in Israel and work in any field without any restrictions.
Here we consider the residence permit, which is issued only to those who are eligible for repatriation and to their families.
Apply for status
During the entire period, when the individual entitled to repatriation is in Israel with a residence permit, he will have the right to apply for the status of a new repatriate in Israel.
Obtaining a work visa does not oblige a person eligible for repatriation, and he has the opportunity to return unconditionally to his country at any time.
However if he decides to settle in Israel and obtain citizenship, he will need to start the repatriation process; this right is granted to those who have the right to repatriation and their family members at any time.
At the beginning of the repatriation process, the Ministry of Immigration and Absorption provides an “absorption basket” with rights and privileges.
Such as financial assistance for initial absorption (six months), financial assistance for the purchase of electrical household goods (four years from the date of repatriation).
Hebrew language courses, housing, rental assistance, employment assistance, entrepreneurship assistance, assistance in applying for various courses, student assistance – courses and confirmation of diplomas, exemption from customs duties and consumer taxes, and much more.
An extensive service basket is provided to those who have the right to repatriation; the State of Israel is making great efforts for the absorption of the repatriates, their children, grandchildren and, in some cases, even their great-grandchildren.
In addition, those non-Jews who are eligible for repatriation, that is, those who wish to adopt the Jewish religion, can begin the process of “conversion” during repatriation. It should be noted that not every form of conversion is acceptable and a new convert needs to go through the conversion process in recognized and approved bodies.
The conversion process is not a requirement for repatriation.
An individual with a tourist visa, who is entitled to repatriation in accordance with the Law of Return, may change his legal status and repatriate or obtain a work visa without having to leave Israel; he goes through the procedure of changing his status while he is in Israel.
The A.I law firm of Abraham Izrailov provides legal assistance, including assistance abroad, in order to pass the interview at the Israeli Embassy.
The services provided in this field became possible due to our firm’s unique expertise in additional fields; we provide services such as obtaining the legal status in Israel, visa and immigration services.