A step-by-step procedure for legalizing marriage with a foreigner in Israel

The state of Israel is created, first of all, on a national basis. The Law on Citizenship and the Law on Return (Repatriation) are the main regulatory acts that govern the acquisition of Israeli citizenship. They clearly define who can claim to this status that is Jews, children of Jews, grandchildren of Jews, spouses of Jews, spouses of children and, accordingly, grandchildren of Jews.

It is important to know that registering a marriage with an Israeli citizen “automatically” does not entitle the foreign spouse to Israeli citizenship. Truly, this is customary in most developed countries, but Israel is an exception.

If the new family choose Israel as their permanent place of residence, the Israeli spouse will need to submit a special application for granting status to a foreign spouse in the Israeli Ministry of Interior (Misrad HaPnim). The application is submitted at the place of residence. Then the family will need to go through several stages of the so-called step-by-step procedure for legalizing marriage, at the end of which the foreign spouse can apply for either permanent resident status or Israeli citizenship. This procedure lasts an average of 5-7 years. The duration and quantity of stages depend on many factors. In this article, we will not give a list of documents or describe in detail the stages of the procedure, but try to discuss the most important issues to be considered for the success of the case.

Opportunities for the marriage of an Israeli and a foreigner

Marriage usually precedes the opening of a case under the step-by-step procedure for legalization at the Ministry of Interior. A citizen of Israel and a citizen of another country may be married only outside of Israel. It usually happens in the country of which the foreign spouse is currently a citizen. Cyprus, Czech Republic, Bulgaria are also very popular. Denmark and Spain are spread for same-sex marriages. In some cases, if one of the spouses has restrictions on crossing state borders, it is possible to marry in Paraguay (the presence of only one of the spouses is allowed) or in El Salvador (both spouses may be absent, the marriage is done through proxies). The last two options are relevant for couples when an Israeli citizen has an injunction to leave or a foreign partner is already in Israel, for example, on a tourist visa or generally illegally.

Legalization of spouse status without leaving Israel

According to the updated instructions of the Ministry of Interior (new rules have been in force since 2014), after registering a marriage abroad, a foreign spouse cannot enter Israel before the procedure for legalizing marriage starts. Yes, unfortunately, young spouses have to spend several months apart. Surely, they can arrive on a tourist visa or visa-free regime, but with a return ticket. If a foreign spouse enters the country, hiding his marriage with an Israeli, he will be deported when the situation is clarified at the border. This is an overcome obstacle. But it will significantly delay the further reunification of the spouses. The entry permit may be issued in a few months or, in some cases, not earlier than in a year. Moreover, such a violation may complicate the very procedure of legalization in the future.

In legal practice, there are several solutions due to which spouses do not have to part. But their implementation should take place under the strict patronage of a competent civil lawyer. Before undertaking anything, consult with your lawyer.

How to stay a foreign spouse in Israel in case of divorce or change of partner

Let us imagine a situation when a foreign spouse, being in the process of obtaining citizenship, can’t get on well with an Israeli spouse, but there is a new relationship with another Israeli citizen. In this situation, there are no procedures prescribed by law for the transition from one case to another. However, there is a requirement that if a foreigner divorces with an Israeli, he must notify the Ministry of Interior for closing his case on the step-by-step procedure for obtaining citizenship. Then the foreigner has 30 days to leave the country.

The lawyer’s task is to develop a staged scheme in which it will be possible to close one case and open another without deportation and the need for a foreigner to leave. Our experience shows that precise coordination and timeliness of actions for the success of such a case is very critical.

How to stay a foreign spouse in Israel in case of widowhood

As we noted above, if the spouses break up before the completion of the step-by-step procedure, the foreigner (and his children, who also pass the procedure) have 30 days to leave the country. The same procedure applies in the event of the death of an Israeli spouse.

But if a person moved to Israel, spent several years here, found a job or started his business, made friends, learned the language, etc., deportation means that he will need to start all over again in another country. In this case, the lawyer can help to prepare a special argument so that the Ministry of Interior will permit to individually complete the procedure and obtain citizenship. Of course, the presence or absence of common children with an Israeli is a significant factor for success in this case.

The refusal of the Ministry of Interior and its appeal

The situations sometimes arise when the Ministry of Interior closes the case of the step-by-step procedure for legalization. The circumstances can be different, starting from the long stay of one of the spouses abroad to the presence of administrative violations by one of them. But appealing such a refusal is possible and necessary. Undoubtedly, you can effectively refight the decisions of the migration service only with the assistance of an experienced lawyer who specializes in issues of the Ministry of Interior and citizenship.