Everything you need to know about regulating your personal status!
At the outset, it should be said that when a couple decides to take their relationship to the next level and build a home together in Israel, it is a legitimate, positive, and relatively simple step for most of us.
All they have to do is decide, take a few preparatory steps (if any) and the ground is ready for the start of their life together. But what happens when a third party enters the couple’s way – the Ministry of the Interior, which also has something to say (and a lot) about the parties’ desire to make the move?
It should be noted that in many places around the world, as well as in Israel, there are mixed couples – in which one of the partners is not a citizen of the country. After all, this is an era that allows for global movement and communication, and thus naturally creates connections between people from different countries.
The circumstances in which a relationship between Israeli citizens and foreigners begins are many and vary from one another. They cannot be included in one uniform list. Each case and its unique circumstances.
A relationship can be formed when a tourist visits Israel for a short period of time or vice versa, when an Israeli citizen pays a tourist visit to one of the countries of the world.
A relationship can be formed during a trip to the roots and a meeting with a beloved childhood friend, it can be formed during an Israeli’s relocation period or alternatively when a foreign worker arrives in Israel for a fixed period. Likewise, a relationship can even be formed initially virtually and continue with mutual meetings and visits, etc.
In cases where an Israeli citizen who has a foreign spouse who is not an Israeli citizen, decides with the spouse to live together in Israel, there are a number of steps required to regularize the status of the foreign spouse in accordance with the procedures of the Ministry of the Interior.
First, the beginning of the process requires the couple to contact the Ministry of the Interior to submit a reasoned application supported by documents proving that they are indeed an honest and genuine couple.
Some of the required documents are official documents from the foreign spouse’s country of origin, which need to be translated and authenticated. Documents such as a certificate of good standing, birth certificate, marriage certificate, Divorce, Personal status certificate, joint photos of the couple throughout their acquaintance, statements from friends and family members attesting to the nature of the relationship, previous correspondence between the couple, and any document that can attest to the nature and depth of the couple’s relationship.
It should be emphasized that the purpose of the Ministry of the Interior’s requirement is to examine the sincerity of the marital relationship and the couple’s ability to prove that the relationship they present is real, as well as the desire to delve deeper and examine details about the foreign spouse (checking criminal history, previous marriages, etc.).
After the file is opened at the Ministry of the Interior, if they have passed the threshold examination and all the required documents have been submitted, the couple will be invited for questioning, the purpose of which is to deepen the examination of the marital relationship, this time face-to-face with the couple.
After questioning and in light of the answers provided by the couple, if the Ministry of the Interior is convinced that this is indeed an honest and genuine marital arrangement, depending on the circumstances and by majority vote, the status of the foreign spouse will be regulated for the coming year.
It should be noted right away that each year the couple will be required to attend additional hearings and prove that the marital relationship is indeed continuing and that it is appropriate in their case to extend the visa of the foreign spouse. After four years, and staying in Israel as a temporary resident, the couple may apply for Israeli citizenship.
It should be clarified that for unmarried couples, the process is longer and takes about seven years. At the end of the hearing process, if the foreigner’s status is approved, he will be granted a B/1 residence and work visa, which he will have to extend every year.
After three years, the couple will be able to request an upgrade of the status of the foreign spouse to temporary residency status A/5. At the end of the seven years, the couple will be able to apply for permanent residency status in Israel – an identity card. It should be noted and emphasized that when the Ministry of the Interior expresses concern about the sincerity of the relationship, it can condition the granting of the visa on the deposit of a guarantee and additional conditions.
It is important to remember that any decision can be appealed, first to the relevant authorities within the authority and, if necessary, by appealing to the court, which considers this procedure important and appropriate, as it deals with the basic rights of the state’s citizens and human life in general.
In conclusion, the procedure is long and requires a lot of patience. If a couple encounters difficulty in meeting the requirements of the Ministry of the Interior, whether in producing the documents or other bureaucratic difficulties that the couple cannot identify, anticipate, and overcome, the recommendation is that even in this procedure, which on the surface appears simple and chronological, it is highly advisable to consult and use the services of an experienced and professional lawyer who specializes in regulating the status of foreigners in Israel.
In the detailed review below, I explain Editor Justice Sharon Segal All the important points on the subject of regulating personal status according to law in Israel.
Court rulings on issues of regulating the status of public figures
The rulings of the courts in Israel, including the rulings of the Supreme Court, have addressed in a variety of cases the manner of regulating the stay of couple known to the public, where one is an Israeli citizen, and the other is a foreign resident.
For example, in the past, in order to regulate the status of publicly known spouses, one of the requirements under the procedure was that the spouse leave the country to examine the sincerity of the relationship. However, the Supreme Court ordered the cancellation of the procedure, due to it being disproportionate and excessively offensive.
This is how it was ruled in the Oren case: “We therefore found that the Ministry of the Interior’s policy regarding the blanket application of the requirement to leave the country, as expressed in the procedure for those known to the public, should be annulled. At the same time, we determined that where an initial detailed examination already raises real concerns about the fictitious nature of the relationship or where it is clearly evident that the depth of the relationship does not amount to a relationship between those known to the public, there is nothing wrong with applying the requirement to leave the country.“EAM 054614 Oren Avner v. State of Israel, (published in Nevo), paragraph 33.
In another case, the District Court ruled that the case of a well-known couple should be returned to the Ministry of the Interior for a new hearing, even though there is evidence that the marital relationship is ostensibly fictitious.
The court ruled that this does not violate the couple’s right to argue, and their right as a result to convince the Ministry of the Interior of the sincerity of the relationship, as follows: “In the case before me, the respondents claim that the circumstances of the matter raise suspicion that this is a fictitious relationship whose sole purpose is to arrange residence in Israel.
In this regard, the respondents point to the petitioner’s presence in Israel without a residence permit; the rejection of her petition for continued residence by the Administrative Court of the Tel Aviv District Court; and the petitioner’s attempts to remain in Israel in every possible way, including obtaining refugee status.
They also note that the alleged relationship with the petitioner was not mentioned at all in the first petition submitted to the Tel Aviv District Court, even though according to her current statement, she had already been in a relationship with the petitioner for about a year.[…]The respondents’ claim must be accepted that the entirety of these circumstances, as detailed, on the face of it, give rise to a reasonable basis for fearing that this is not a real and honest relationship, but rather a fictitious relationship for the purpose of obtaining status in Israel.
However, and although the circumstances of the matter as detailed above are circumstances that raise reasonable grounds for concern that the relationship between the petitioners is fictitious, it is not possible to reach a conclusion in this matter without granting the petitioners the right to argument and hearing they deserve.” Date: 11-06-18333 Valentina Tsovano n. M.Y.
Regulating status for collaborators
The status of a collaborator is regulated in two ways. An aide who has been recognized by the security service and has indeed made a significant contribution to the security of the state goes directly to the directorate for the rehabilitation of aides. On the other hand, many people who are threatened in the region, and who have also assisted Israel (or who are threatened for other reasons), are not recognized as “aides” as the criteria for recognizing them by the directorate are confidential.
These people can receive a residence visa by applying to the Threatened Persons Committee, which from time to time examines the extent of the risk, including its existence, but recognizing a person as threatened does not grant him citizenship or any conditions, except for a temporary residence visa.
Therefore, in the current situation, many threatened individuals recognized by the State of Israel may be able to stay in the country, but without the possibility of working, enjoying social rights, etc. This issue has not yet been fully resolved, to our great regret. However, we believe that it is highly advisable to seek the assistance of a lawyer who specializes in In law family And in all matters concerning the regulation of personal status.
Regularization of status under the Law of Return
The easiest option to establish status in the State of Israel, and in effect receive citizenship “after honor”, is to immigrate to the State of Israel by virtue of the Law of Return. This law grants every Jew the right to immigrate to the State of Israel. This is in fact the essential and unique principle of this law, which also expresses, among other things, the Jewish character of the State of Israel, and its sovereignty after 2000 years of exile.
The law allows not only Jews to immigrate to Israel, but also family members of Jews, including children, spouses, and grandchildren.
However, two difficulties exist in the Law of Return. The first difficulty is the definition of the question “who is a Jew.” The definition under this law is a “religious” definition, meaning that Section 4b of the law states that a Jew is “one who was born to a Jewish mother or who converted, and is not a member of another religion.”
This situation leads to many (for example, among immigrants from the Soviet Union) immigrating to Israel under the Law of Return, and accordingly, their spouses and children. However, more often than not, someone who is defined as a Jew under the Law of Return is not necessarily defined as a Jew in terms of Jewish law, which subsequently leads to halachic and religious difficulties in matters of conversion and marriage.
For example: The public often encounters cases of Jews who immigrated to Israel under the Law of Return, but since according to Halacha they are not defined as Jews, they cannot be buried in a regular Jewish burial.
The second difficulty inherent in the Law of Return is the possibility available to the Minister of the Interior to prevent immigration to Israel, in accordance with Section 2(b) of the law. This section grants the Minister of the Interior the authority to prevent immigration of someone seeking to settle in Israel: “If the Minister of the Interior finds that the applicant (1) is acting against the Jewish people; or (2) is likely to endanger public health or state security; or (3) has a criminal record that is likely to endanger public peace.”
For example, in the 1960s, the Minister of the Interior prevented Meir Lansky, who was involved in organized crime in the United States, from immigrating to the State of Israel, due to concerns about the risk to public safety.
Regulating status under the Citizenship Law
Section 5 of the Citizenship Law, 5712-1952, allows for the regulation of status in the State of Israel, and the acquisition of Israeli citizenship by virtue of residence in Israel. However, this is an option whose implementation may take a long time, and also one that carries with it a bureaucratic tangle that is not at all simple.
In fact, the Citizenship Law states that an adult who is not an Israeli citizen may receive citizenship by virtue of “naturalization” in the following cases: He must have been in the State of Israel for the three years preceding the day he submitted an application for naturalization, and he must be entitled to reside in the State of Israel permanently.
In addition, anyone who seeks citizenship must prove that he has settled in the State of Israel or intends to settle in the State of Israel, and must also know the Hebrew language (the Entry into Israel Law uses the term “some degree”, meaning there is no absolute requirement to know the language).
Likewise, the applicant for naturalization in the State of Israel must renounce any previous citizenship he held. To the extent that it is found that the conditions for naturalization in Israel, by virtue of residence there, are met, the applicant may receive citizenship, provided that he declares loyalty to the State of Israel, in the following terms: “I declare that I will be a loyal citizen of the State of Israel.” The applicant’s citizenship will be received from the date of the declaration.
The conditions mentioned above constitute the default for naturalization in the State of Israel. However, there are cases in which a person can be exempted from the mandatory conditions in Section 5 of the Citizenship Law.
For example, when it comes to a resident of a foreign country who served in the IDF for more than 18 months. The Citizenship Law also allows minors to receive citizenship status in the State of Israel, in cases where their parents were permanent residents and received citizenship by virtue of the Citizenship Law.
Another way to obtain citizenship is in cases where the state desires the recipient’s micro-citizenship. As mentioned, Section 9 of the Citizenship Law grants the Minister of the Interior the authority to grant citizenship to any person, in cases where the Minister is convinced that a person residing in the State of Israel identifies with the State of Israel or its goals or is a descendant of a family that has contributed greatly to the State of Israel, and more.
An example of granting citizenship in such cases is citizenship granted to Righteous Among the Nations, who assisted Jews during World War II.
Regulating status for foreign workers
Regarding foreign workers, there is a slightly different law. The Entry into Israel Law explicitly refers to the residence and employment visas of foreign workers, stipulating that the arrangement set out in the Foreign Workers Law, 5751-1991, will apply to them.
The Foreign Workers Law is actually intended to create a balance between the need to allow work in Israel in fields where the assistance of foreign workers is needed (for example: the construction industry, the nursing industry, the restaurant industry, etc.), and the need not to harm the ability of Israelis to work in their own country.
The Supreme Court faithfully described the balance: “The government’s policy is to reduce the number of foreign workers in the country, therefore the distribution of permits for the employment of foreign workers must, as claimed, be carried out according to careful and orderly procedures, which, on the one hand, will ensure the maintenance of the principle of equality, and on the other hand, will ensure the state’s interest in not allowing the employment of foreign workers beyond the maximum number it wishes to permit.“. High Court of Justice 3445/05 Sushimai Restaurant 2004 Ltd. v. Ministry of Industry, Trade and Employment – Certification Unit, (published in Nevo).
Accordingly, the Foreign Workers Law determines the arrangements by which their status can be regulated, as long as they work in Israel. For example, the foreign worker must commit to working in a specific place, while at the same time the employer must make a commitment to employ him, present a written employment agreement, provide medical insurance for the worker, and also provide the foreign worker with suitable housing.
All of these are some of the conditions that the employer must meet in order to obtain an employment license for a foreign worker. In passing, it should be noted that employing a foreign worker without a license is a criminal offense.
Regulating status by virtue of marriage or partnership
Another option available to those who wish to regularize their status in the State of Israel is by virtue of marriage or by virtue of living together with a spouse in Israel (i.e., being known to the public).
The normative source for this is set out in the Citizenship Law in Section 7, which states that: “A husband and wife, one of whom is an Israeli citizen or one of whom has applied for naturalization and the conditions in section 5(a) are met or exempted from them, may obtain Israeli citizenship by naturalization, even if the conditions in section 5(a) are not met.“.
In fact, spouses can regularize their status through two options, provided that one of them is defined as an Israeli citizen. The first route is through Civil marriage In a foreign country.
In such a case, there is a process that lasts approximately 4 years, in accordance with the procedure called “Procedure for Handling the Granting of Status to a Foreign Spouse Married to an Israeli Host.” Among other things, the application for status regulation must include numerous references, including those that indicate the sincerity of the relationship. The process of regulating status also includes an interview to examine the sincerity of the relationship, and a security check.
The second route is through living together. That is, when it comes to public figures. In recent years, this form of living has become a very common way in which many couples from all over the world, and especially in Israel, choose to live.
In fact, this may be the best modern way of life for some people. Even in Israel itself, the institution of public figures has been officially sanctioned by a Supreme Court ruling and state institutions (public figures are entitled to every right that married couples are entitled to today).
The following are so beautiful: “The institution of common-law marriage allows those who maintain a marriage-like relationship to enjoy most of the civil legal consequences of the institution of marriage, including almost all of the economic rights and obligations of married couples.
In this way, the institution of public records provides some solution to the plight of those who oppose marriage and those who are ideologically opposed to the religious marriage ceremony and the content of religious marriage laws. This aspect of public records law is linked to a broader trend of fostering alternatives to civil marriage, such as: consular marriages, civil marriages outside of Israel, and in some cases even private marriages.” [שחר ליפשיץ, הידועים בציבור בראי התיאוריה האזרחית של דיני המשפחה, (2005) נבו הוצאה לאור. בעמ’ 65].
