Israel is a rather closed country in matters of immigration and obtaining legal status here is possible only on very few basis.
The Law of Return is one of the key pieces of legislation shaping Israel’s immigration policy and granting Jews the right to obtain Israeli citizenship and live in Israel, which is referred as “to make Aliyah”.
The Law of Return is unique in that it grants the right to citizenship not on the basis of nationality, family association or place of birth, but on the basis of religion. Based on the Law of Return, Jews, children of Jews, grandchildren of Jews and members of their families may obtain Israeli citizenship.
The law defines a Jew as a person born of a Jewish mother or who has converted to Judaism and who does not practice another religion.
Thus, a person who falls within the definition of the Law of Return is eligible for Israeli citizenship and special status of a new Oleh.
In order to prove the eligibility for citizenship under the Law of Return, the futere citizen provides proof of his or her roots and/or affiliation with Judaism.
How to prove eligibility for Aliyah?
It should be noted that the Aliyah process is different for citizens of the former Soviet Union and Western countries. While applicants from the former Soviet Union shall prove their roots by providing documents indicating their nationality, applicants from Western countries, in order to prove their Judaism, shall provide a letter from a rabbi who confirms the belonging of the repatriate and his family to Judaism. The decision to have different procedures for applicants from the former USSR was made for good reasons. The fact is, that while living under the Soviet Union, Jews had to hide not only their religious devoutness, but also their religious affiliation and faith, so visiting synagogues was not an option, and the requirement to provide a letter from a rabbi would have made Aliyah impossible for many Jews and their families from the USSR. But even these certain concessions to the evidence base sometimes do not facilitate the process of obtaining Israeli citizenship for applicants from the former Soviet Union. Below we will look in detail at what documents indicating nationality can help in the Aliyah process.
The tradition of defining Jewish nationality or religious affiliation.
Another important point to remember when collecting documents to prove Jewish roots is that the Jewish nationality is passed through the maternal line, not through the paternal line as it happens in all other peoples.
In ancient times, when paternity could be questionable due to the lack of genetic tests, maternity was obvious and undeniable. If a child was born of a Jewish mother, their Jewish identity was undeniable.
The decision to transmit Jewish identity through the maternal line was also affirmed by the Rabbinic tradition in the period following the destruction of the Second Temple. The Talmud, the central text of Rabbinic Judaism, clearly states that Jewish identity is transmitted through the maternal line.
In a diaspora environment and frequent contact with non-Jewish communities, such a rule helped preserve Jewish identity and prevent assimilation.
Some liberal Jewish movements, such as the Reformed and Reconstructionist movements, recognize Jewish identity on both maternal and paternal lines, provided that the child is raised in the Jewish tradition. But the Law of Return still defines Jewish nationality on the basis of the traditional maternal approach.
What documents will help prove Jewish roots?
First of all, applicants from the former Soviet Union countries are interviewed and verified by the consular department of NATIV. NATIV verifies the authenticity of the documents provided by the applicant, as well as the accuracy of the information contained in these documents.
These are some of the types of archival documents that are often used to prove Jewish ancestry:
Registers of births, marriages and deaths: These are registry books in which births, marriages and deaths were recorded. They may indicate the religious and national affiliation of a potential repatriate or their family.
Certificates of births, marriages and deaths: Official documents that may indicate religious or national affiliation.
Documents on resettlement or emigration: Many Jews emigrated because of persecution or economic reasons, and these documents may contain information about their origins. A large number of Jews from the former Soviet Union were repressed, so it is very common to find their files in the KGB archives, where there is a mention of their nationality.
Documents from the state archives: In the countries of the former Soviet Union, documents that categorized people by nationality or religion have survived.
The Holocaust documents: Lists of victims, survivor testimonies, documents from concentration camps and other Holocaust-related materials.
Jewish cemeteries: Tombstones and funeral records may contain information about the religious affiliation of the deceased.
Military service records: In some countries, nationality or religion was listed on military records.
Documents from places of employment: In the former USSR countries it was customary to keep labor books, in which nationality was indicated.
Is a DNA test sufficient grounds for repatriation?
DNA tests can provide information about genetic ancestry and potential family ties, but they cannot confirm religious or cultural identity. In addition, there are many Jewish ethnic groups with different genetic heritages, so defining the Jewish DNA can be complicated. DNA tests can provide information about genetic ancestry and potential family ties, but they cannot confirm religious or cultural identity.
A DNA test alone is not sufficient grounds for applying to obtain Israeli citizenship according to the law of return or recognition of Jewish identity for that matter
Why can gathering documents for Aliyah application be difficult?
Historical perturbations: Many Jewish families have experienced significant historical disasters such as the Holocaust, ethnic violence, mass repression, and others. As a result of these events, many documents were lost or destroyed.
Multiple migrations: Jews often migrated from one country to another because of persecution, economic reasons, or other circumstances. Each move may have resulted in the loss or destruction of documents.
Repressions: Many Jews were forced to hide their nationality because of repressions, so the nationality in documents was often changed in order to hide their Jewishness, and in order to find out their true nationality, it is often necessary to go to archives and check Registers of births.
Religious documents: Some proof of Jewish ancestry, such as Ketubah (Jewish marriage contract), may not be available for those who have moved away from religious practice or whose parents have interfaith marriages.
Bureaucratic obstacles: In some countries, obtaining copies of official documents may be difficult due to bureaucratic obstacles, corruption or inefficient government agencies. In addition, obtaining documents often requires the personal presence of the applicant or their representative.
Our office has extensive experience in the process of Aliyah of citizens from the former USSR countries, we will be glad to assist you in collecting documents and consulting on this subject.
