Who Qualifies For Israel's Law Of Return?

The Law of Return is an Israeli law that grants Jews, people with one or more Jewish grandparents, and their spouses the right to relocate to Israel and obtain citizenship. Passed in 1950, the law was designed to ensure a Jewish majority in the country. It has been criticised as undemocratic and racist, particularly by pro-Palestinian advocates who argue that Palestinian refugees should be granted a similar right of return. The law was amended in 1970 to include the children and grandchildren of Jews, as well as their spouses, in the definition of those eligible for Israeli citizenship. The process of applying for citizenship under the Law of Return involves several steps, including submitting an immigration application and providing the necessary documentation.

Who is eligible under the Law of Return?

The Law of Return grants every Jew in the world the automatic right to immigrate to Israel and become an Israeli citizen. This law was passed in 1950, two years after the state of Israel became independent, and was amended in 1970 to extend the right of return to some non-Jews.

The law applies to the following groups:

• Those born Jews according to the Orthodox interpretation; having a Jewish mother or maternal grandmother.
• Those with Jewish ancestry – having a Jewish father or grandfather.
• Converts to Judaism (Orthodox, Reform, or Conservative denominations—not secular).
• The children and grandchildren of Jews, as well as their spouses and the spouses of their children and grandchildren.

It is important to note that Jews who have converted to another religion are not eligible to immigrate under the Law of Return, even though they are still considered Jews according to halakha. Additionally, those who are deemed a threat to the security of Israel or have a criminal record may be denied citizenship.

The Law of Return is not the only way to acquire Israeli citizenship. Non-Jews can become citizens by naturalization, residence, or marriage to an Israeli citizen.

What is the process for applying for Israeli citizenship?

The process for applying for Israeli citizenship depends on the applicant's background.

Citizenship by Birth

One of the easiest ways to gain Israeli citizenship is by being born in Israel. If one or both of your parents is an Israeli citizen at the time of your birth, you are automatically granted citizenship. If you were born in Israel and have never been granted any other official nationality, you can acquire Israeli citizenship by applying for it between your 18th and 25th birthdays. You must also have been a resident of Israel for at least five consecutive years at the time of your application for citizenship.

Citizenship through the Law of Return

The Law of Return is a rule enacted by the Israeli government in 1950 that allows all Jews, as well as people with one or more Jewish grandparents, and their spouses, to return to Israel as their homeland and gain citizenship. A returning Jew is called an oleh (male) or olah (female). If you are Jewish, which is defined as being born to a mother who is Jewish or having converted to Judaism, then there is not much that you need to do. Israel will welcome you with open arms. All you have to do is go there and formally request citizenship. If you converted to Judaism, you’ll need a letter from an Orthodox rabbi that you can bring to the rabbinical court. This group is part of the Israeli justice system and they determine who is considered Jewish or not. The Law of Return was amended in 1970 to extend the right of return to some non-Jews, including the child or grandchild of a Jew, and the spouse of a child or grandchild of a Jew.

The Israeli government can deny anyone citizenship under the Law of Return who they deem might be a threat to the Israeli population or who might engage in activities intended to harm Jews. This caveat is meant as a safeguard for the existing citizens of Israel and to keep people out who mean them harm. This means that you should avoid any involvement in extremist groups, especially those that are antisemitic. You should also ensure that you have no criminal record and that you aren’t infected with a contagious disease.

Citizenship as a Spouse or Descendent

If you are the descendant of an Israeli citizen or Jew, or if you have married an Israeli citizen, you are able to apply for citizenship if you intend to settle permanently in Israel. There is no time limit on residency here. You just need to show proof that you are settling in Israel permanently. This kind of proof can include rental agreements for housing, work contracts, utility bills in your name, etc. You are not required to work during this time, but it will only help your case if you have work documents to show when you apply for citizenship. Visit the Israeli consulate or the Ministry of the Interior (Misrad Hapnim) with your birth certificate to prove your descent. You should also take your marriage certificate to the Ministry if your spouse is Jewish or an Israeli citizen. This is where the first stage of the application process takes place. They will give you the correct application forms to complete and tell you what other documents they may require from you. Once you have completed the application, you will be granted an Israeli identification card, along with citizenship documents (including a passport, though this document can take a bit longer to process).

Citizenship through Naturalization

Before you are eligible to apply for naturalized Israeli citizenship, you must have established your permanent residence in Israel for at least three out of five of the years immediately preceding your application. This helps ensure that those applying for citizenship genuinely desire to be part of the Israeli community and have demonstrated it through their ability to live successfully in the country for a reasonably long period of time. To become a citizen of Israel, you must prove to the government that you intend to settle in Israel permanently. This means residing in Israel, locating employment in Israel, and becoming part of the community. Learning how to speak Hebrew is important at this stage as well. In order to become an Israeli citizen, you must renounce any other nationalities that you currently hold. This does not mean that you must give up your other citizenship, but that you will agree to adhere to the Israeli laws regarding naturalization and gaining citizenship. Alternatively, you can prove that you will no longer be a foreign national from the time of becoming a citizen. This can be proven, depending on the circumstance, through various documentation such as your birth certificate, passport, marriage license or divorce decree, etc.

What is the definition of a Jew?

The definition of a Jew is complex and multifaceted, encompassing religious, ethnic, cultural, genealogical, and personal dimensions. While there is no universally agreed-upon definition, here is an overview of some key aspects commonly associated with Jewish identity:

Religious Definition

A Jew is someone who practices the Jewish religion, Judaism. This includes both converts to Judaism and those born into the faith. Judaism is an ethnic religion, meaning that it is closely intertwined with the culture and traditions of the Jewish people. However, it is important to note that not all ethnic Jews practice Judaism, and religious Jews consider individuals who have formally converted to Judaism as Jews.

Ethnic and Genealogical Definition

A Jew is a descendant of the ancient Israelite ethnic group and, therefore, a member of the Jewish people. This definition includes those who may not be religiously observant or may be irreligious altogether but claim a cultural connection to the Jewish people. Some scholars limit this definition to descendants of Israelites who practice Judaism. The term "Jew" is derived from the Hebrew word "Yehudi," originally used to describe the inhabitants of the Israelite kingdom of Judah.

Self-Identification and Personal Definition

Jewish identity is also shaped by self-identification and personal beliefs. For some, being Jewish may be primarily a matter of ancestry and culture, while for others, it may be rooted in religious observance. Jews themselves have varying self-definitions, ranging from secular ethnic identity to religious observance. There is no consensus, but common themes emphasize ancestry, culture, and a sense of community belonging, even for secular Jews and converts to other religions.

Legal and Political Definitions

The definition of a Jew also has legal and political implications, especially in Israel. Israel's Law of Return grants citizenship to those with a Jewish parent or grandparent, even if they are not religiously observant. However, the rabbinical courts in Israel follow halakhic rules for marriage, requiring Orthodox conversions for those without a Jewish mother. This creates a conflict between different branches of Judaism and highlights the complexity of defining Jewish identity in a legal context.

What are the legal intricacies of applying the Law of Return?

The Law of Return is an Israeli law that grants Jews, people with one or more Jewish grandparents, and their spouses the right to relocate to Israel and obtain citizenship. The law was passed on 5 July 1950, and it has undergone several amendments since then. The legal intricacies of applying the Law of Return lie in determining the eligibility of applicants and ensuring compliance with the requirements.

One key intricacy is defining who is a Jew. The Law of Return considers a person to be a Jew if they have a Jewish mother or maternal grandmother, or if they have converted to Judaism. However, the law does not recognise Jews who have converted to another religion. Additionally, the law has been amended to include the spouses and children of eligible individuals, regardless of their religious affiliation.

Another intricacy arises when determining Jewish ancestry. Applicants must prove their Jewish roots, which can be established through the male or female line. If the applicant's father or grandfather is Jewish, they are considered to have Jewish roots up to the third generation. On the other hand, if the applicant's mother or grandmother is Jewish, they are considered first-generation descendants.

The Law of Return also outlines specific requirements that applicants must meet. They must not pose a security threat to Israel or its citizens and must be free of any infectious diseases that could endanger public health. Applicants with a criminal record or a history of anti-Jewish activity may be denied citizenship.

Furthermore, the process of obtaining Israeli citizenship under the Law of Return can be complex. Applicants are advised to seek assistance from specialists in this field to navigate the legal intricacies and increase their chances of a successful application.

What is the history of the Law of Return?

The Law of Return was passed by the Knesset, Israel's Parliament, on 5 July 1950. The date was chosen to coincide with the anniversary of the death of Zionist visionary Theodor Herzl. The law gives Jews, people with one or more Jewish grandparents, and their spouses the right to relocate to Israel and acquire Israeli citizenship.

The Law of Return was passed to ensure a Jewish majority in the State of Israel. It was also passed to give legislative confirmation to the age-old Jewish yearning for return to Zion, previously embodied in the Basle Program (1897), in Article 6 of the Mandate for Palestine (1922), and in Israel's Declaration of Independence of May 14, 1948.

The law was amended in 1954 to exclude individuals with a criminal past that might endanger public welfare. A further amendment in 1970 extended citizenship rights to non-Jewish spouses and children of Jews. This amendment was reminiscent of the Nazis' Nuremberg Laws. Any person who would have been targeted by the Nazis for being Jewish, the amended law implies, deserves the right to safe haven in Israel.

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