How Lawful Permanent Residents Can Gain Israeli Citizenship

Israel's citizenship laws are primarily governed by the 1950 Law of Return and the 1952 Citizenship Law. The Law of Return grants every Jew the unrestricted right to immigrate to Israel and become a citizen automatically upon arrival. This right also extends to the spouses, children, and grandchildren of Jews. However, the process for non-Jewish foreigners to obtain Israeli citizenship is more intricate and typically involves a lengthy naturalization process. This process requires non-Jews to reside in Israel for at least three years while holding permanent residency and demonstrating proficiency in the Hebrew language.

Naturalization for non-Jews

Israel's Citizenship Law outlines the conditions under which a person can obtain citizenship. While Israel was established as a safe haven for Jews, non-Jews can also become citizens through naturalization. This process is more intricate and typically spans several years.

To become an Israeli citizen through naturalization, non-Jewish foreigners must meet specific requirements. Firstly, they must have permanent residency in Israel. Obtaining permanent residency can be a complicated process, and permanent residents do not enjoy the same rights as citizens. They do not receive an Israeli passport and are not allowed to vote in national elections. Additionally, spending long periods outside of Israel can lead to the loss of permanent residency.

Once permanent residency is established, non-Jews must reside in Israel for at least three out of five years preceding their application. They must also be physically present in the country at the time of application. Proficiency in the Hebrew language is required, and applicants must demonstrate their intention to permanently settle in Israel.

Another crucial requirement for naturalizing non-Jews is renouncing their previous nationalities. This involves giving up their foreign citizenship and passport. This requirement does not apply to Jewish immigrants, who can become citizens without renouncing their previous nationalities.

It is important to note that the process of naturalization for non-Jews can be challenging. Seeking professional legal assistance from an Israeli lawyer specializing in immigration can be beneficial in navigating the intricate requirements and procedures.

In addition to naturalization, there are alternative pathways to obtaining Israeli citizenship for non-Jews. One option is through a decision by the Ministry of Interior, which considers an individual's contribution to the economy or security of Israel. Another option is for non-Jewish children who are adopted by families eligible for aliyah, who may become citizens through this process.

Permanent residency for spouses

Israel has a strict immigration policy, so it is important to seek professional legal advice when applying for permanent residency.

A foreign spouse married to an Israeli citizen or permanent resident is required to meet the conditions of Procedure No. 5.2.0011, "Procedure for granting status to a foreign spouse married to a permanent resident". The foreign spouse must prove that their marriage is valid under Israeli law to be eligible for the 4.5-year naturalization process. If the marriage is not recognized by Israel, the common-law or same-sex partner must undergo a longer 7.5-year gradual process to obtain permanent residency.

The foreign spouse will initially be granted a temporary residence permit of type B/1 for at least six months, after which they will be given a type A/5 permit for one year at a time. During the graded procedure, the spouses will be interviewed and tested annually to examine the sincerity of their relationship and their commitment to living in Israel. If the foreign spouse has minor children from an earlier marriage, they will be granted residency only if all procedural conditions are met, including the presentation of a verified and translated original birth certificate and a valid foreign passport for at least two years.

At the end of the graded procedure, the authority will conduct a final check of the application conditions before granting permanent residency. If one of the conditions is no longer met, it can lead to the postponement or cancellation of the entire process, including the possibility of obtaining permanent residency.

Pathway to Citizenship

Holders of permanent residence in Israel are entitled to petition for Israeli citizenship according to Article 5 of the Law of Citizenship. Non-Jewish foreigners may naturalize after living in Israel for at least three years while holding permanent residency, demonstrating proficiency in the Hebrew language, and renouncing their previous nationalities. Jewish immigrants are not required to renounce their foreign citizenship.

Citizenship for children of citizens

Israel's citizenship laws are governed by the 1950 Law of Return and the 1952 Citizenship Law. These laws detail the conditions under which a person can hold Israeli citizenship.

Israeli citizenship laws grant citizenship to children born within the country if at least one of their parents is an Israeli citizen. This is also the case for children born outside of Israel to an Israeli citizen, regardless of the other parent's nationality. This right is limited to the first generation born abroad. Those born abroad in the second generation who are not otherwise eligible under the Law of Return may apply for a grant of citizenship, subject to discretionary approval by the government. Adopted children are automatically granted citizenship, regardless of their religious status.

Children born in Israel to non-citizen parents who have never held any nationality are entitled to citizenship, provided they have been continuously resident in the country for at least five years before their application and between the ages of 18 and 21.

The Law of Return grants every Jew the right to migrate to and settle in Israel, and this right extends to the children and grandchildren of Jews. Therefore, a child born to a Jewish parent outside of Israel can become an Israeli citizen upon arrival in the country.

Non-Jewish spouses of Israeli citizens are granted temporary residence permits, which are gradually replaced by less restrictive conditions of stay over a period of 4.5 years until they become eligible for citizenship. Common-law or same-sex partners are subject to a longer 7.5-year gradual process that grants permanent residency, after which they may apply for naturalization under the standard procedure.

East Jerusalem residents

Since 1967, only about 5% of Palestinian residents of East Jerusalem have obtained Israeli citizenship. This amounts to about 18,982 people. The process of naturalization for East Jerusalem residents has been slow and cumbersome, with only 34% of applications approved in many years.

After the Six-Day War in 1967, Arab residents of East Jerusalem received Israeli identity cards but remained Jordanian citizens. In the years following the reunification of Jerusalem, residents of East Jerusalem gave up the possibility of receiving Israeli citizenship. In the first years after reunification, from 1970 to 1974, hundreds of people obtained citizenship each year. However, the numbers dropped sharply in the following decades, with at most a few dozen East Jerusalem Palestinians completing the process each year.

There are several conditions that must be met for East Jerusalem residents to obtain Israeli citizenship. These include residing in Israel for at least 3 of the last 5 years, having some proficiency in Hebrew, and renouncing any additional citizenship. Jordan does not allow East Jerusalem residents to give up their Jordanian citizenship, so those seeking Israeli citizenship must present a unilateral statement that they do not intend to use their Jordanian citizenship. Additionally, a lack of criminal record and no evidence of posing a danger to Israeli security are also required for Israeli citizenship.

While there are no significant differences between the daily lives of citizens and permanent residents of Israel, there are some key distinctions. Citizens of Israel hold Israeli passports, which allow them to travel abroad and re-enter the country freely. Permanent residents, on the other hand, must apply for a temporary travel document when travelling internationally. Citizens can also vote in Israeli legislative elections, while permanent residents can only vote in municipal elections.

Refugees

Israel has a specific set of laws and requirements for refugees seeking legal status in the country. The status of refugees and asylum seekers in Israel is governed by the International Refugee Convention. There are two categories of refugees in Israel: the first group includes citizens from countries recognised by Israel as dangerous, such as Eritrea, Sudan, and the Ivory Coast. The second group consists of individuals facing danger if they return to their country of origin, either from the regime or other people. Proving identity and the risk of danger in their home country can be challenging and often requires court intervention.

Spouses of Israeli citizens or residents can obtain citizenship, but the process is lengthy and challenging. The couple must prove the sincerity of their relationship and that their life is centred in Israel. Foreign spouses can receive citizenship after several years, but the Ministry of the Interior does not facilitate the process. It is recommended that couples seek legal counsel before their first application to avoid refusals.

Israel's Law of Return, passed in 1950, grants Jews, individuals with at least one Jewish grandparent, and their spouses the right to immigrate to Israel and acquire citizenship. This law aims to establish Israel as a safe haven for Jewish refugees and maintain a Jewish state. While it primarily targets Jews, it does not explicitly discriminate against non-Jews, who can become citizens through naturalisation, residence, or marriage to an Israeli citizen.

Non-Jewish foreigners can obtain Israeli citizenship through naturalisation after residing in the country for at least three of the previous five years with permanent residency. They must demonstrate proficiency in the Hebrew language, intend to settle in Israel permanently, and renounce any foreign nationalities. However, exceptions to the language requirement and renunciation of foreign citizenship are made for permanent residents of East Jerusalem and the Golan Heights.

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