Immigration to Israel: Complete Guide to the Immigration and Aliyah Process

Immigration to Israel (Aliyah) is the process of obtaining citizenship available to Jews (defined through the maternal line), their children, grandchildren and their spouses, as well as widows and widowers.

To confirm the right to immigrate, it is necessary to provide documents proving both the Jewish origin of an ancestor and the family connection with them, with original old documents valued more than new copies.

In complex cases where documentary evidence is insufficient, genetic testing may be required to confirm kinship, which is conducted only in Israeli laboratories.

The immigration process itself includes several stages: arrival in Israel, consular verification (or passing through a checkpoint abroad), obtaining an immigrant visa, registration for a temporary ID card, and subsequent receipt of permanent documents. Special cases include “recent marriages” (less than 12 months), immigration of the fourth generation (great-grandchildren of Jews), elderly parents of immigrants, and separate family immigration, each requiring a special approach and possibly having additional conditions. The process can become more complicated if there is a criminal record, serious illness, change of faith, or adoption in previous generations, as well as in the case of a single-parent family, when special permission from the second parent is required.

Introduction

Immigration to Israel is a complex and multifaceted process that requires careful preparation and a deep understanding of the nuances. In this article, we will examine in detail all aspects of immigration, starting with who has the right to this process and ending with the specifics of obtaining citizenship for various categories of immigrants.

My name is Arthur Blaer, I am an Israeli lawyer and founder of a law office that has been handling Israeli citizenship, aliyah (immigration), and civil status matters for 15 years.

In this article, we discuss who has the right to immigrate, what documents are necessary, how to confirm your right to immigrate in complex cases, specifics of immigration for single-parent families, formal requirements of the Ministry of Interior, the technology of immigration to Israel, separate immigration in modern conditions, features of recent marriages, complex document situations, adoption cases, immigration of people with serious diseases, issues of bringing elderly parents, the situation with the fourth generation, and the step-by-step procedure for family reunification.

Who Has the Right to Immigration?

First of all, it is important to understand the legal definition of Jewishness. According to the Law of Return, a Jew is a person born to a Jewish mother. This is the only “ironclad” criterion that is applied when determining the right to immigrate.

People often use terms like “Jewish by father,” “Jewish by grandfather,” “quarter Jewish,” and so on. In the legal field (specifically the one in which your origin can be converted into Israeli citizenship), such concepts do not exist. This terminology only confuses people and leads to incorrect counting of generations.

To understand whether you have the right to immigrate, you should know that among your relatives, at least a great-grandmother must have been Jewish. If your great-grandmother was Jewish, and you can document this, you have the right to immigrate. Why? Because if your great-grandmother was Jewish, then one of your grandparents (her daughter or son) was Jewish.

If it was your grandmother (daughter of your Jewish great-grandmother), then one of your parents (daughter or son of this grandmother) is also Jewish. If it is your mother, then you have Jews in all generations: great-grandmother, grandmother, mother, and, accordingly, you. In this case, you are a Jew in the first generation.

But if Jewishness in your family ends with your great-grandfather, you have no right to immigrate. This is because Jewishness, as noted above, is passed only through the maternal line. Therefore, if your great-grandfather (unlike your great-grandmother) was Jewish, but his children and grandchildren were not Jewish through the maternal line, you do not have the right to immigrate.

To summarize:

• If your mother is Jewish — you are a Jew in the first generation.
• If your father is Jewish (for example, your grandmother was Jewish, and her son — your father), then your father is a Jew in the first generation, but you are not a Jew, you are only the son or daughter of a Jew. This is the second generation.
• If your grandfather is Jewish — you are the grandson or granddaughter of a Jew. This is the third generation.
• If your grandmother is Jewish — you are at least the second generation. Because if the grandmother is Jewish, it follows that one of your parents (son or daughter of the grandmother) is a Jew in the first generation. If it is your mother — then you are also a Jew in the first generation. If it is your father — then you are the son or daughter of a Jew, the second generation.

How to Count Generations:

The right to repatriate extends not only to Jews but also to their children, grandchildren, and their spouses.

Also, the right to immigrate is held by widows and widowers of Jews, children of Jews, and grandchildren of Jews if they have not remarried.

Required Documents for Immigration

Documents serve as the basis for deciding on the right to immigrate and obtain Israeli citizenship. Officials reviewing your case will examine your documents from two main perspectives:

• First, you must prove that the person you call your relative was Jewish
• Second, you must prove that this person is indeed your relative.

Basic documents you will need: birth certificates, marriage certificates, death certificates, documents confirming your connection to these ancestors.

When working with documents, it is important to remember several key points: officials attach the greatest importance to documents whose date of issue is as close as possible to the original source. Old, even worn documents often inspire more confidence than new, beautiful, recently issued ones. There is no need to make notarized copies of documents — this does not matter for Israeli officials. They trust only their own eyes and experience. There is no need to apostille documents confirming Jewish roots. It is important to provide a complete “mosaic” of documents, where all links in your genealogy are clearly traced.

In addition to basic documents, additional ones may be required: Form No. 1 (questionnaire from the USSR passport office), expanded certificates of birth, marriage, death, photocopies of act records, military IDs, certificates of merit, award sheets, house books, archival documents from synagogues, documents about arrests and rehabilitation, information about evacuation, documents about payments to Holocaust victims, family archives, photographs, personal letters.

Special attention should be paid to situations where Jewish roots are traced through the male line. In such cases, it is important that the parents were married at the time of the child’s birth. If the marriage was concluded less than 300 days before the birth of the child, the system may require confirmation of the relationship through genetic expertise.

If all the documents you have are duplicates, it is recommended to obtain additional evidence, such as expanded certificates.

Official page of the Israeli Ministry of Interior on changing status from “tourist” to “immigrant”

A/5 Status for Children from Previous Marriages

A complex and delicate issue in immigration to Israel is the fate of minor children from previous marriages of immigrant spouses. Unlike common children of a Jewish couple or children of a Jew, such children do not fall under the Law of Return and cannot automatically obtain Israeli citizenship along with a parent. This creates a risk of family separation and becomes a serious obstacle to the immigration of mixed families where there are children from previous relationships.

To solve this problem and preserve family unity, Israeli legislation provides a special procedure for obtaining A/5 status (residence permit) for such children. This mechanism allows minor children to legally move to Israel with an immigrant parent and eventually obtain Israeli citizenship.

To obtain a residence permit, the child must be under 18 years old at the time of application. Different requirements apply depending on age: if the child is under 15 years old, it is not necessary to prove the fact of living together with the immigrant parent, but for children over 15 years old, it is necessary to provide evidence of living together for at least the last two years. In any case, it is necessary to obtain the official consent of the second parent who remains abroad or provide a court decision on sole custody.

After submitting all necessary documents and passing the check, the child is issued a temporary residence permit category A/5 for a period of 1 year, and so on for three years. With each extension, the center of the child’s life is checked — his actual residence in Israel is confirmed by data on entries and exits from the country and certificates from educational institutions. After a three-year period, if the child is still a minor, parents can apply for Israeli citizenship for him. If by this time the child has reached the age of majority, he can independently choose the further path: apply for naturalization or register for a permanent residence permit.

Genetic Expertise

As noted above, in some cases, it may be necessary to conduct genetic testing to confirm family ties. This is especially relevant when there are doubts about the relationship or when documentary evidence is insufficient.

It is important to understand that the test for the presence of a “Jewish gene” is not recognized by official secular bodies. Genetic testing is conducted to confirm family ties between those being tested. This procedure is especially effective for confirming the relationship between parents and children, grandparents and grandchildren. But processes with more distant relatives are also possible. The procedure is conducted through a special consular procedure and requires the participation of a lawyer in Israel. The process can take from 5 to 8 months.

About Israeli citizenship and DNA:

To conduct genetic testing, it is necessary to open a special case through an Israeli lawyer specialist, competently and carefully prepare special declarations and documents to confirm family ties, undergo the procedure of submitting biomaterial in the consular department of the Israeli embassy in the country of residence. The biomaterial is sent to Israel by special diplomatic mail. Testing is conducted only in an Israeli laboratory. If the relationship is confirmed, the court issues a decision on the recognition of family relations.

This document will be valid for all time and can be used in case the relative you are relying on has already proven or can easily document their, and consequently, your right to immigrate.

Repatriation (Aliyah) Procedure

Repatriants have two main ways to pass consular verification: directly in Israel after arrival or abroad. Each option has its own characteristics and requires careful preparation.

Consular verification in the country of origin:

This option allows you to get an immigrant visa before coming to Israel. The process begins with an appointment for a check at the Israeli consulate. After successfully passing the check, an immigrant visa is issued, valid for 6 months. The advantage of this path is that you arrive in Israel already having immigrant status and can immediately begin the absorption process. However, it is important to consider that consulates are often busy, and waiting for a check can take several months or even more.

Repatriation from Israel:

After arrival, you need to contact the Ministry of Interior at your place of residence and start a complex bureaucratic process.

Consular verification always includes:

• Thorough examination of all submitted documents
• Interview with the consul, who may ask questions about your family history, Jewish roots, connections with Israel, plans for the future, and so on.
• Upon positive decision — immediate confirmation of the right to immigrate

After successfully passing the check, the process of document registration begins:

• Obtaining a new immigrant visa, a new immigrant certificate
• Opening a bank account and registering with a health insurance fund
• Applying for a biometric identity card and passport at the Ministry of Interior

Important nuances:

• All documents must be carefully prepared and structured
• It is necessary to have originals of all documents
• In complex cases (incomplete set of documents, complex family history), it is recommended to consult with a genealogy specialist or an experienced Israeli immigration lawyer before passing the consular check
• The timing of document review and waiting may change depending on the current situation and the workload of consular services

Special Cases

Recent Marriages (Less Than 12 Months)

If a marriage is concluded less than 12 months before the start of aliyah, this does not prevent the start of the aliyah process. However, the procedure will be different: in this case, the spouse with Jewish roots receives the status of ole hadash (new repatriant) and Israeli citizenship, and the second spouse receives a residence permit (A5) for a period of 1 year. During this year, the family must live in Israel for at least 10 months out of 12. After a year, subject to all conditions, including an in-depth interview, which the Ministry of Interior will conduct with the couple, the second spouse can receive citizenship.

It is important to note that during this year, the second spouse has the right to work, but the right to health insurance arises only after 6 months of residence in Israel.

There are two legal sources regulating this issue: the Law of Return and a special instruction on the application of the law to marriages that are less than 12 months old. This instruction is created to combat abuse, when people enter into fictitious marriages to obtain Israeli citizenship.

Fourth Generation (Great-grandchildren of Jews)

The situation with the fourth generation is no less complex. If you are making aliyah as a third generation and you have minor children, then you and your spouse receive status of ole hadash, while the children are given a temporary residence permit A5 for 1 year. Subject to the condition of residence in Israel, the residence permit is extended for another year. After 3 years, children can receive the status of permanent residents.

To obtain citizenship, children will have to either serve in the army, or go through a full conversion, or renounce previous citizenship. Exceptions are possible if the child is drafted into the Israeli army and serves at least a year and a half, or if the family goes through conversion (the process of conversion to Judaism).

If a great-grandson or great-granddaughter of a Jew is over 18 years old at the time of immigration, he or she HAS NO right to status. The situation becomes much more difficult. In obviously complex cases, the possibility of a humanitarian process can be considered, but this is a very complex, expensive, and unpredictable procedure. Detailed article about humanitarian status in Israel.

It is important to note that despite some populist statements by politicians, there are no real prerequisites for changing the law towards expanding the right to immigrate for the fourth generation. On the contrary, there are periodic discussions in parliament about limiting the application of the Law of Return to the second generation.

Elderly Parents of new repatriants

There is a special humanitarian instruction for elderly and single parents of immigrants. The main conditions: children must have Israeli citizenship and live in Israel, all children of the parent without exception must live in Israel, the parent must be single (widower/widow, divorced), and the age must be at least 62 years for the mother and 64 years for the father.

The process of obtaining status for parents is lengthy and does not imply immediate receipt of health insurance. First, parents receive a regular tourist visa, then a tourist visa with the right to work, and only then a residence permit.

It is important to understand that until they receive a residence permit, parents will not have state health insurance, and they will need to purchase private insurance. This can be problematic for elderly people with chronic diseases. In some cases, parents have to wait for state health insurance for 5 or more years (depending on the parent’s age).

Separate Immigration

If the right to aliyah is traced through the husband, he can come to Israel, pass the consular check, and indicate all family members in the questionnaires. It is important to explain the reason for the separate arrival. If the distance between his arrival and the arrival of the family is several weeks or months, this usually does not cause special problems. However, if the gap turns into a year or more, such a situation can be interpreted as a family breakdown.

A more complex situation arises when the right to immigrate belongs to the wife, and the husband arrives first. In this case, it is recommended, if possible, to wait for the opportunity to come as a whole family together. If this is not possible, the husband must come with all the wife’s original documents that establish the right. At passport control, it is necessary to clearly explain the situation and the family’s plans. It is recommended to get a preliminary consultation with specialists on how to properly pass passport control in such a situation.

Complex Cases

There are a number of situations that can complicate the immigration process. These include insufficient documents or only indirect evidence of Jewishness, having a criminal record, severe infectious or psychiatric diseases, change of faith, and adoption in previous generations.

In case of insufficient documents, a complex “mosaic” of available documents will need to be laid out and, possibly, an appeal to the court. In the presence of a criminal record, the system checks two aspects: the fact of the criminal record and the possibility of interpreting this criminal record as a social danger to Israel. Even an expunged criminal record can raise questions.

If you have a serious psychiatric or infectious disease, there is a high risk of refusal to immigrate, as the system may view this circumstance as a potential social danger. However, each case is considered individually.

Change of religion, in particular if you or any of your ancestors changed Judaism to another religion, is a solid basis for refusal to immigrate.

In such complex cases, it is literally impossible to do without a lawyer in Israel, and a narrow specialist in immigration and status at that.

Step-by-Step Procedure (a spouse visa)

If you already have Israeli citizenship and want to bring a foreign spouse to Israel, the step-by-step procedure, a “spouse visa”, is always applied to the situation. The process includes a complex mechanism for confirming relationships, obtaining a temporary residence permit (A5) for the spouse, and going through at least a five-year integration procedure.

The process can be especially difficult in cases of recent marriages, the presence of children from previous marriages, same-sex relationships, past deportation, and other special circumstances. In such situations, it is recommended to seek help from specialists.

Formal Documents for the Ministry of Interior

After passing the consular check for immigration, the next important stage is the Ministry of Interior (“misrad apnim”). Here, as a rule, additional formal documents are required.

These documents include: birth certificate (yours and spouse’s), apostilled; marriage certificate, apostilled; form No. 5 (marriage certificate), if the marriage has lasted more than six months; divorce certificates (if there were previous marriages), apostilled; form No. 15 (certificate of marital capacity) for periods when you were not married; certificate of change of name (if changed), apostilled; certificate of no criminal record, apostilled.

It is important to note that the requirements of the Ministry of Interior may change, and in different cases, different documents may be requested. Therefore, it is better to be prepared for all possible options.

Single-Parent Family

If you are immigrating with a child but without the second parent (for example, in case of divorce), it is important to take with you a special permission from the second parent for the child’s move to Israel and for obtaining Israeli citizenship. This permission must be notarized and apostilled. Without such permission, the child will not be able to obtain Israeli citizenship, even if you successfully go through the immigration process.

Frequently Asked Questions

Can I start working immediately after arriving in Israel? Yes, new immigrants have the right to work immediately after obtaining status.

How about military service? It depends on your age and gender. Young men are usually subject to conscription, but there are various exceptions and deferrals.

Can I keep my previous citizenship? Yes, Israel allows dual citizenship in case of immigration.

What should I do if my right to immigrate was denied? The refusal can be challenged in pre-trial and judicial order. But only an experienced lawyer in Israel, and a narrow specialist in immigration and status at that, is able to give a competent assessment of the situation and change the vector where possible.

How long is the right of repatriation valid? There is no statute of limitations on the right to repatriation. You can use it at any time if you meet the criteria.

Conclusion

Aliyah and immigration to Israel is a complex process that requires careful preparation. Each case is unique, and what works for one family may not work for another. That’s why it’s so important to study all aspects of the process in advance.

Despite all the difficulties, thousands of people successfully go through the immigration process annually and begin a new life in Israel. This country offers unique opportunities for personal and professional growth, rich culture and history, as well as a sense of belonging to the Jewish people.

Remember that immigration is not only a legal process but also the beginning of a new life stage. Be ready for changes, study Hebrew, get acquainted with Israeli culture and customs. Many immigrants say that, despite all the difficulties of adaptation, they fall in love with Israel and feel real freedom here.

Israel is a country of opportunities, and your success here largely depends on your attitude and readiness for new challenges. Don’t hesitate to ask questions, seek help from specialists and other immigrants.