Israeli Citizenship Law

Israel is the only country in the world with the majority of Jewish population. This is not a coincidence. In 1950 and 1952, two early pieces of legislation were enacted — the Law of Return and Citizenship Law. And to this day they shape the way Israel views citizenship policy.

The two laws add up to each other. While the Law of Return offers an ideological and legislative framework, the Citizenship Law specifies the requirements and procedures. This article offers an analysis of Israeli citizenship law, diving deep into its historical development, legal foundations, and numerous challenges.

What is Israeli citizenship law?

Israeli citizenship law governs the acquisition, retention, and loss of citizenship in the State of Israel. It reflects the unique historical, political, and social context of the country while also addressing the rights of its non-Jewish residents.

In 1948, Declaration of Independence proclaimed Israel a Jewish state. It guaranteed equal social, religious and political rights to all its inhabitants irrespective of religion, race or sex. However, in 1952, when the Citizenship Law (also known as the Nationality Law) was first introduced, Israel was still in a transitional state.

Generally, the successor state continues to operate under the laws of its predecessor. But with the Law of Return passed, Israeli courts were conflicted about the legal status of its Palestinian residents. While most of them held that non-Jewish citizens of the British Mandate didn’t automatically become Israeli nationals, there was a case where the judge couldn’t rule out the right of residency. A need for a strong legal framework has emerged.

Thus, The Nationality Law established the primary modes of acquiring Israeli citizenship: by birth, by residence, by naturalization, and by return. It also addressed the status of Palestinian Arabs, granting them citizenship under specific conditions. Despite its long and complicated history, very few amendments to the law were made. And to this day it remains one of the oldest and most debatable existing laws in the country.

Who is eligible for Israeli citizenship?

Citizenship through naturalization

Naturalization is the process of acquiring citizenship for those who are not Jewish. The applicant must have the legal right for permanent residency in Israel (for example, through visa or family status) and meet the following conditions:

• Has lived in the country for at least 3 out of the last 5 years
• Has settled in Israel and intends to continue living here
• Speaks Hebrew at some level
• Has renounced his other citizenships or intends to renounce them immediately upon receiving Israel nationality

Citizenship is granted by the Minister of the Interior after a formal declaration from the applicant.

Citizenship through marriage

Every year, thousands of foreign wives and husbands of Israeli citizens are granted Israeli citizenship. But this path isn’t an easy one.

Legally speaking, it requires the same bureaucratic procedures as the naturalization process. The spouse must meet all the criteria of those seeking naturalization except for the renunciation of previous citizenship. In addition, Israeli authorities require proof of authenticity of the marriage. To start the naturalization process by marriage, you need to file an application to the Ministry of Internal Affairs and provide the necessary documents. After the case is open, you must undergo an annual inspection for five years.

Keep in mind that marriages in Israel are conducted only according to the religious rules. They make it impossible for a Jewish person to be married to a non-Jewish partner. But although Israel doesn’t permit civil marriages, the Israeli law does recognize civil marriages, including same-sex marriages, performed under foreign jurisdictions.

Additional categories

As an exception, The Minister of the Interior may grant citizenship for those who don’t qualify for naturalization in special cases:

• A child of parents who renounced their Israeli citizenship has a right to restore it at the ages 18-22.
• A minor living on the Jewish land may qualify for citizenship if their parents formally ask for it.
• Non-Jewish foreigners who bring an extra economic value, serve in The Israel Defense Forces or further the national security may be personally granted citizenship.

Citizenship by return

Even though the Law of Return clearly states that every Jew has a right to return to Israel, the first documents didn’t specify who could be considered a Jew. Government and religious authorities couldn’t find a common ground on whether the Jewish religion and nationality intertwine or not.

It mostly affected irreligious Jews and those with Jewish decent who converted to other religions. The legislative clarification was added in 1970s. Since then, any person born from a Jewish mother, their children, grandchildren and spouse as well as those converted into Judaism have a legal right to become Israeli citizens.

The Nationality Law expands on the Law of Return which dictates who qualifies for citizenship by return. It divides the group of people suitable for return into four segments:

1. Those who came or were born in the country before its establishment.
2. Those who came in Israel after it was established.
3. Those born in Israel after the establishment.
4. Those who received an “oleh” certificate.

Dual and multiple citizenship is also allowed for Israelis by return. For people of Jewish decent worldwide it’s not necessary to renounce their previous citizenship to become Israeli citizens. However, certain restrictions apply to people in crucial positions, such as members of the Knesset or high-ranking military officers.

Citizenship by birth

Any newborn child has a right for Israeli citizenship if at least one of the parents is an Israeli citizen at the time of birth. The law states that the child’s birthright cannot be affected by the place of birth. The parents themselves can be Israelis not only by birth, but also by repatriation, residence, adoption, and any other grounds. In case the Jewish parent has passed away by the time the child is born, the child will still be able to receive citizenship.

The process of obtaining Israeli citizenship

The process of obtaining Israeli citizenship by return is also called Aliyah, and the person ”who makes Aliyah” is an oleh or olah. The general process of Aliyah consists of the following steps:

1. Make sure you meet the eligibility requirements mentioned above.
2. Aliyah application. Gather all the necessary information and open a case file. The process depends on where you come from, but generally it involves the Jewish Agency for Israel.
3. Gather the documents. Our representatives will guide you through the necessary papers — a valid passport, proof of Jewish heritage, birth and marriage certificates, etc.
4. Interview with an Israel representative. After your application is submitted, you’ll receive an invitation for an interview. The representative will review your documents and ask you about your plans and motives, and family situation.
5. Receive your Aliyah visa. It’s time to pack up — you’ll need to fly to Israel to continue the Aliyah process.
6. Register as a resident. When you land in Israel, you’ll be welcomed by representatives of the Ministry of Aliyah and Integration. They will hand you over your temporary identity documents and guide you in your next steps.

As was mentioned earlier, the process of obtaining Israeli citizenship varies depending on the applicant’s circumstances. Each pathway — birthright, naturalization, return or marriage — has specific requirements and bureaucratic procedures unique to each case.

Losing or renouncing Israeli citizenship

There are specific circumstances under which a person may lose or renounce their Israeli citizenship. The law distinguishes between voluntary and involuntary loss of citizenship.

Involuntary loss of citizenship may occur if an Israeli citizen majorly weakens the country and its security. The law describes three different reasons why an Israeli can be relieved of their citizenship.

• First, if an Israeli national leaves for or acquires citizenship of one of the “enemy states”: Iraq, Iran, Lebanon, Syria, Libya, Sudan and Yemen. Israel automatically deems the person to have renounced their nationality. This decision expands to their minor children as well, if they do not reside in Israel.
• Second, to ensure Israel’s security, its authorities may consider one’s nationality renounced if the person joins a foreign army. Especially when it comes to enemy armies, it’s seen as “an act constituting a breach of allegiance to the State of Israel”.
• Third, if one acquires their Israeli nationality based on false information regarding their identity or ancestry. In that case, the loss of citizenship is also applied to the person’s minor children.

On the other hand, a citizen of Israel can voluntarily renounce their citizenship by declaring their will in writing. The renunciation requires approval from the Minister of the Interior and once approved, takes effect immediately.

The application may also automatically apply to minor children of the Israeli national. It happens when the other parent is a foreigner or doesn’t play a role in their lives.

Rights and responsibilities of Israeli citizens

Like any other democratic country in the world, Israel offers its citizens fundamental rights backed up by supreme laws. As stated in the Declaration of Independence, Israel bases its existence on building a state where every Jew will be welcomed.

The fourteen laws that make up the Basic Laws of Israel — an equivalent to Constitution — stem from the individual liberties described there. Citizens are guaranteed the freedom of speech and religion, as well as conscience, language, education and culture. The Declaration constitutes “equality of social and political rights to all its inhabitants irrespective of religion, race or sex”.

Among the many responsibilities of Israeli citizens there’s one known globally. Most Israelis are required to serve in the Israel Defense Forces (IDF) with some exemptions granted for religious and medical reasons. The military duty is applied to both genders with men serving for 32 months and women for 24 months. After their service is completed, citizens may still be called up for reserve duty in the times of war.

The other, more common responsibilities include tax payment, compliance with the law and civic duties. Check out this article for more information.

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