MIA, citizenship and status in Israel
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- MIA, citizenship and status in Israel
Living in Israel and the official status of a citizen is a long-cherished dream for many people in the world. This is not surprising, given the high standard of living in the country, attractive conditions for doing business, climate and many other factors that make it very convenient for life. At first glance, the requirements for obtaining the desired status are not so high. But they are not so simple – there are many legal nuances that make your relatives’ or your move to Israel significantly complicated.
It is very important to choose the right specialist who will advise you on how to make Aliyah or other legal status and properly arrange all the necessary documents. The Patkin & Partners Law Office is an ideal choice. Here they won't only give any theoretical advice but also address all your legal issues in the state institutions. Let's find out in more detail what problems related to Misrad Hapnim (Ministry of the Interior) and citizenship our lawyers can help you in.
Repatriation to Israel
The main and most widely spread way of getting Israeli citizenship is, undoubtedly, returning to the motherland. In Israel, there is even a special law of 1950 “The Law of Return". It regulates all the rules and groups of people for whom repatriation is possible. Moreover, there is a special Ministry of Aliyah and Integration that deals with the return of the Jews to their homeland and their smooth adaptation in the new society.
КWhat categories of people can obtain Israeli citizenship through the Law of Return?
- Jews;
- Jewish husband or wife;
- Jewish children or grandchildren as well as their spouses;
- Jewish widower/widow.
Are there legal restrictions on repatriation?
Yes, there is an exception in the possibility of repatriation for the category of people who are Jews, but at the same time deliberately changed their religion.
What is needed to repatriate to Israel?
First, it is necessary to collect a full package of documents in the country of your current residence, confirming your Jewish origin. The definition of ancestry in Israel is considered maternal, but people whose fathers or grandfathers were Jewish are also eligible for citizenship in the country. It is only important to correctly collect supporting pedigree documents that can be very difficult to do without the help of a citizenship lawyer.
You will also need a special certificate of good conduct and a consular interview that involves questions, including religion. In order to pass it and not lose your right to repatriation, it is better to get prepared with a citizenship lawyer.
Repatriation to Israel is also very profitable. New arrivals are provided with many different benefits and preferences. You can also learn how to get them from the specialists of our office.
Family reunification
If the children have the status of a citizen of Israel, but their mother and father do not, the law provides for the possibility of the family reunification. For this, a number of conditions must be met.
- The minimum age of parents is 62 years for the mother and 64 years for the father.
- They should not have children other than those already living in Israel.
Meanwhile, the process of making Aliyah is gradual and rather complicated. It all starts with the issuance of the visa B-1 or B-2, depending on the age of the parents for up to two years. Upon successful completion of this period, you have the right to apply for temporary resident status for up to two years. Only after a 2-year period in the format of temporary residence, you can start the procedure for getting Israeli citizenship for parents.
Citizen status for holders of permanent residence in the country
In this case, such conditions must be met:
- Speak Hebrew and have no criminal record;
- Located in the country at the time of the application;
- Have a firm intention to settle in Israel;
- For the past 5 years, at least 3 years, reside permanently in the country;
- Renounce the citizenship of another country.
Legal registration of the foreigner's spouse
Love knows no boundaries, and often Israelis choose spouses of people from another country for themselves. Unfortunately, our legislation does not offer the possibility to organize a wedding ceremony in Israel and automatically receive the status of a citizen for a wife or husband. Instead, there is a step procedure for legalizing a spouse as a resident of the country. It consists of the following basic steps:
- Application for the spouse’s entry into the country (if he is abroad) or granting him legal status in Israel (if he is already here).
- Issuance of the visa B-1 for 6 months and starting the step procedure of legalization.
- Issuance of the annual visa A-5. It is required to be renewed for the next four years.
- Application for obtaining the status of a citizen.
There is the concept of “civil spouse" in Israeli law. For this category of the foreigners, there is also the possibility of legalizing and obtaining the official status of an Israeli citizen. However, the process is more complicated. You will need to show proof that you are in a civil marriage with an Israeli and pass the authentication check of the marriage from Misrad Hapnim (MIA).
Each of these ways of receiving Israeli citizenship is quite complex, long-term and requires the collection of a large number of documents and visiting different institutions. By consulting the Patkin & Partners Law Office, you can significantly reduce your labor costs and speed up the steps.
Protection against deportation
Sometimes it happens that there are no legal grounds for staying on the territory of the country, but a person illegally lives there. He may face deportation in this case. Misrad Hapnim often deports foreigners from the territory of Israel. Sometimes such actions can even be the cause of some kind of bureaucratic error or the lack of just a few documents.
You should not despair as there are several ways to protect yourself from deportation and even suspend the process:
- The need for emergency medical care or bad health;
- Legal problems (for example, legal proceedings) requiring permanent residence in Israel;
- Humanitarian issues (unfortunately, this paragraph is not detailed in the legislation and concerns only exceptional cases).
Any person being arrested due to migration issues has the right to use the services of a lawyer who can petition the court for his release on bail. If you face deportation, it is better to immediately seek specialized assistance at Patkin & Partners, and we are always ready to help you find legitimate ways to avoid the procedure.
Receiving a laissez-passer
To get a full-fledged foreign passport (Darkon), new repatriates need to live for at least one year in the country. However, it frequently happens that you have to leave Israel earlier. In this case, it is necessary to receive a special travel document – laissez-passer. Such a document is also issued to people being on the territory of the country for a residence permit, citizens who have been serving prison sentences, lost their passports and some other categories.
The standard term for issuing a laissez-passer after repatriation is 90 days. On the other hand, an appeal to an experienced citizenship lawyer will help you reduce the waiting period in some cases up to 7-10 days.
The validity of a laissez-passer is usually up to 24 months. It is possible to extend it to 5 years in exceptional cases. It is also worth remembering that MIA can annul a valid document and set a deadline for issuing a new one. However, the decision can be appealed in court.
Proving your Jewish ancestry via a DNA test
The DNA test (or paternity test) enables to prove the parental relationship of a child born outside the country from an Israeli father and a woman being a citizen of another state. With a positive result of the test, the child has the right to apply for Israeli citizenship in accordance with the law on citizenship of 1952.
It is necessary to collect a sufficient number of documents and submit applications to the court to initiate the procedure. Then a court order is issued on the DNA test. It is worth noting that, although many laboratories have the right to conduct such tests, the results are recognized only after the appropriate referral of the court.
When the test results are approved, the child has the right to get Israeli citizenship and all the relevant benefits such as national insurance, membership in the health insurance scheme, etc.
The Patkin & Partners Law Office will help you apply to the court and formalize as well as legitimize the results of the procedure and send them to the appropriate authorities for the fastest possible confirmation of origin and possibility of making Aliyah.
Addressing migration issues
As you can see, our firm provides a wide range of services on migration law. With our help, you will save not only a lot of time and effort but also the money that you would have to spend on unnecessary travel, document collection, and court proceedings.
We ensure the most practical assistance to our customers. We don't give any theoretical advice that can be easily found online. We provide real recommendations based on our rich experience and specific assistance in processing and maintaining your matters in the state institutions.
We are always ready to assist our customers in legal proceedings with Misrad Hapnim and other institutions.
Contact us for advice now, and we will help in the shortest possible time to solve all your problems with citizenship and legal status in the territory of Israel.
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