Aliyah, the immigration of people who are eligible under the Law of Return to gain Israeli citizenship, is a significant and often complex process. This article provides an overview based on the latest guidelines and procedures for those considering submitting the application to change their status from tourist to “Oleh Hadash” during their stay in Israel, rather than through the Jewish Agency while they’re still in their home country.
Eligibility and Definitions
To qualify for Aliyah under the Law of Return (1950), one must be:
- A Jew by birth (born to a Jewish mother) or through conversion (Giyur), who has not converted to another religion.
- A child or grandchild of a Jew, the spouse or widow of a Jew, or the spouse or widow of a child or grandchild of a Jew.
Applicants must provide proof of their Jewish heritage or conversion and ensure their personal status documents are verified and, if necessary, translated into Hebrew.
Application process
- Personal presence:
- Applicants must personally attend the Interior Ministry office according to their place of stay in Israel and present a valid passport with at least 12 months’ validity.
- They must complete the required application forms and provide recent passport-sized photos.
- Supporting documents:
- Original documents proving Jewish status or eligibility under the Law of Return. For those of Western European or US origin, a letter from a recognized Rabbi confirming the person’s Jewish roots will be sufficient. For those from former USSR countries, more detailed documentation may be required.
- Birth certificates, personal status certificates (marriage, singleness status, divorce), and police clearance certificates issued within the last six months.
- All documents must be apostilled or authenticated through the chain of signatures if the country is not a signatory to the Hague Convention.
- Approval and steps following approval:
- Upon submission, the application will undergo a thorough review, including checks with security and intelligence agencies if necessary. If the applicant is a converted Jew, has a criminal background (even a minor one), or a record of mental illnesses, additional documents and clarifications may be required.
- Prior to approval, the Interior Ministry may conduct an interview with the applicant. Once the application is approved, the applicant receives a temporary Israeli ID and an Oleh visa in their foreign passport. On the same day, a biometric ID valid for ten years can be issued. The travel document or “darkon” (passport for foreign travel) cannot be issued immediately but after a waiting period. For more details on issuing the travel document immediately after the Aliyah application is accepted, please refer to our article: https://inlaw.co.il/israeli-travel-document/
Special considerations where legal aid is necessary
- Split Aliyah: This is for cases where one spouse is eligible and the other is not, allowing for separate processing times. If you’re planning to do a split Aliyah, consulting with a specialist is recommended due to the many nuances involved. Expert advice can help prevent mistakes.
- Mental and criminal Record: Any mental health conditions or criminal records must be fully disclosed, with relevant documentation provided. These cases are often more complicated and may require submitting a petition to the court. Legal help is strongly advised in these situations.
- Aliyah of a widow: Despite the clear definition of the Law of Return allowing Aliyah for a widow who has not remarried after the death of their eligible spouse, the Ministry of Interior often causes problems in such cases. Legal assistance can be crucial in navigating these issues.
Costs and fees
While the application for Aliyah status itself is exempt from fees, applicants should be prepared for potential costs related to obtaining, translating, and notarizing necessary documents. Additionally, visa application and travel document issuing fees may apply.
Conclusion
This guide aims to provide a clear path through the complexities of the Aliyah application process, supporting those who are interested in obtaining Israeli citizenship. For further details or assistance with specific cases, please contact our office.
