Aliyah (obtaining citizenship according to the law of return) to Israel is a right granted to Jews and their immediate family members under the Law of Return. However, the Law of Return provides for a number of exceptions where, despite the fact that the applicant meets the initial criteria of the Law of Return, the Ministry of Interior of Israel may question the eligibility of some applicants or even deny repatriation. Among such exceptions are:
- Applicants who potentially pose a danger to national security, public order or public health.
- Applicants with a serious criminal record who may pose a threat to Israeli society may be excluded from the repatriation process.
The existence of mental illness is not in itself a reason to refuse an Aliyah application. However, if it is considered that such an applicant may pose a threat to himself or others, this may influence the decision of the Ministry of Interior to grant the request.
Unfortunately, in practice, the Ministry of Interior complicates the Aliyah process for all applicants who have mental health problems of one kind or another. Even if an applicant has only taken antidepressants or reached out for psychotherapy at some point in his or her life, the Ministry of Interior is likely to request an extensive interview and a psychiatrist’s report to confirm that the applicant is not a danger to society.
If a person with a mental illness has a history of law violations or other incidents related to his/her condition, it may be taken into account when considering their application.
The Ministry of Interior of Israel has no legal grounds for rejecting a request for Aliyah of a person who is struggling with a mental illness, but at the same time, the Ministry of Interior has policies in place to prevent the Aliyah of applicants struggling with mental health issues, which very often causes the applicants to abandon the process.
In cases where the applicant has a specific mental illness, they need to submit documents regarding their entire medical history, as well as an updated medical opinion written by a psychiatrist, confirming that the applicant is not dangerous to Israeli society.
Many of these complications can be avoided if you consult an immigration lawyer before your first contact with Israeli Authorities, and solved faster if you reach out to one while in process.
If you are considering Aliyah to Israel and you are struggling with a mental illness, we recommend that you consult with an attorney first.
