Becoming An Israeli Citizen: Law Of Return Explained

The Law of Return is an Israeli law that grants Jews and their families the right to immigrate to Israel and become citizens. Passed in 1950, the law was amended in 1970 to extend the right of return to people with at least one Jewish grandparent and their spouses, regardless of whether they are considered Jewish under Orthodox interpretations of Jewish law. The Law of Return is the simplest and easiest way to apply for Israeli citizenship, and it reflects the state of Israel as a home for the Jewish people.

Who is eligible for Israeli citizenship under the Law of Return?

The Law of Return grants every Jew the right to settle in Israel and was passed by the Knesset on July 5, 1950. The law 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.
• The spouses of Jews, and the spouses of their children and grandchildren.

The law does not apply to Jews who have converted to another religion.

In addition, family members of persons who entered Israel before March 19, 1970, and received a permanent residence permit can apply for Israeli citizenship under section 4A of the Law of Return.

What is the process for applying for citizenship under the Law of Return?

The Law of Return, passed in 1950, allows Jews, people with one or more Jewish grandparents, and their spouses to relocate to Israel and become citizens. The process for applying for citizenship under the Law of Return involves several steps.

Firstly, you must decide whether you want to enter Israel as a tourist with a B-2 tourist visa and apply for Aliyah once in the country, or start the process before your arrival. If you choose the latter, you can apply for a B/1 work visa for several years or obtain temporary residence while your Aliyah application is processed, which also makes you eligible for social rights such as healthcare.

The next step is to complete the immigration application and collect and submit the required documents. This includes proof of Jewish roots, such as a Jewish marriage certificate or Bar Mitzvah certificate. You will also need to attend an interview with Israeli immigration clerks at the Ministry of Internal Affairs (Misrad Hapnim) or the Jewish Agency (representative).

If your application is approved, you will receive an Israeli ID (Teudat Zehut), an Israeli passport, and an Oleh certificate. It is highly recommended to seek legal assistance from a law firm specializing in Israeli immigration throughout this process.

It is important to note that the Law of Return does not define "who is a Jew", so there may be divergent views on this matter. In general, a person is considered Jewish if their mother is Jewish, or if they have converted to Judaism. However, Orthodox Jews do not recognize conversions performed by Reform or Conservative Judaism.

Additionally, there are some grounds for denying citizenship under the Law of Return. These include if the applicant is considered a threat to the security of Israel, has a serious criminal record, poses a risk to public health, or is actively engaged in any campaign that speaks out against the Jewish people.

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 unanimously to give legislative confirmation to the age-old Jewish yearning for a return to Zion. It also fulfilled the Zionist movement's "credo", which called for the establishment of Israel as a Jewish state.

The law was amended in 1970 to extend the right of return to some non-Jews. This amendment was induced by the debate on "who is a Jew". The law now applies to:

• 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 Law of Return has been criticised by Palestinians and advocates for Palestinian refugee rights, who compare it with the Palestinian claim to a right of return. They consider the law, as contrasted against the denial of the right of return, offensive and institutionalised ethnic discrimination.

How does the Law of Return affect other citizenships?

The Law of Return grants all Jews, people of Jewish ancestry up to at least one Jewish grandparent, and their spouses the right to immigrate to and settle in Israel and obtain citizenship. It is possible to acquire dual citizenship without even knowing it. For example, a person may be a national of another country if they are born to parents with different nationalities.

The benefits of dual citizenship include:

• Greater freedom of movement
• A voice in two places
• Access to social services in both countries
• The ability to own property in both countries

However, there are also some disadvantages to dual citizenship:

• Potential for double taxation
• Lengthy and costly process of obtaining dual citizenship
• Complications with military service
• Restrictions on certain jobs
• Conflicting obligations under the laws of each country
• Limited U.S. assistance abroad
• Exit bans
• Mandatory registration of other nationalities

The U.S. government does not require its citizens to choose between U.S. citizenship and another nationality. However, some countries, such as Austria, India, Japan, and Norway, do not recognize dual citizenship and may require individuals to renounce their U.S. citizenship.

What are the requirements for non-Jews to become Israeli citizens?

Israel was established to provide a safe haven for Jews to freely practice their religion and escape persecution. This is reflected in the Law of Return, which grants Israeli citizenship to all Jews. However, non-Jews can also become Israeli citizens through naturalisation.

Requirements for Non-Jews to Become Israeli Citizens

To become an Israeli citizen, non-Jews must meet the following requirements:

• They must be physically present in Israel at the time of application.
• They must have lived in Israel for at least three years within the five years preceding their application.
• They must be eligible for permanent residency.
• They must have already established their residence in Israel or intend to do so.
• They must have basic proficiency in the Hebrew language.
• They must renounce their previous citizenship or demonstrate that they will no longer hold foreign citizenship upon acquiring Israeli citizenship.

Permanent Residency

Obtaining permanent residency in Israel is a lengthy process. One group that is eligible to receive permanent residency is the romantic partners of Israeli citizens who do not want Israeli citizenship or cannot receive another citizenship without surrendering their current one. For married couples, the gradual process takes five years, while for common-law and same-sex couples, it takes seven years. After about four years, the partner will receive a permanent residency visa. At this time, they may also request citizenship instead of permanent residency. If they choose to become citizens, they will not be obligated to forfeit their foreign citizenship or master the Hebrew language.

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