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Aliyah based on conversion to Judaism

Joshua Pex
Joshua Pex

Alexander P Gutterman

EU PASSPORT ! Big news! Thanks to Michael Decker and the other good people at the law office, as well as to the virtue of my ancestors, the cruelty of the Inquisition, reparations issued in the Iberian Peninsula, and etc, I am delighted to be on track for Portuguese and European Union Citizenship! A truly incredible development and one which brings me deep joy.

If you converted to Judaism – whether through the Orthodox, Conservative, or Reform movement or a different denomination entirely – you are likely eligible to receive Israeli citizenship through Aliyah.

The right of Jews and their descendants to claim Israeli citizenship (“Aliyah”) has been enshrined in the Israeli Law of Return since 1950. In 1970, an amendment to the law clarified that this right extends to the family members of Jews and those who became Jewish by choice, converting to Judaism by undergoing a “Giyur”. Gradually, the Supreme Court has expanded the definition of “convert” for purposes of the Law of Return, and this definition now includes Jews who converted in both an Orthodox and non-Orthodox setting, either within or outside of Israel. As a result, if you went through a Giyur procedure, you are likely eligible to make Aliyah.

ALIYAH BASED ON CONVERSION

HOW DO I KNOW IF MY CONVERSION WILL BE RECOGNIZED FOR ALIYAH?

If you converted outside of Israel through a Jewish community that is recognized by one of the major international Jewish movements (for example, the Rabbinical Council of America, the Rabbinical Assembly, the World Union for Progressive Judaism, etc.) your conversion will most likely be recognized for Aliyah.

As set out by the Israeli Supreme Court in the 1993 Goldstein case, conversions to Judaism that are performed outside of Israel in communities authorized to do so by their respective denominational movements, are valid for Aliyah purposes. According to current guidelines of the Israeli Ministry of Interior, the conversion process must last a minimum of 9 months and comprise no less than 300 hours of combined study and participation in a Jewish community.

In a series of cases dating back to 2016, the Israeli Supreme Court ordered the Ministry of the Interior to recognize conversions that were conducted within Israel by Jewish communities recognized by their respective religious authorities. However, as the Court noted in the 2021 Dahan case, the candidate for Aliyah must have completed their conversion while residing in Israel lawfully. This usually requires that the candidate hold temporary or permanent residency throughout their conversion process. Under certain conditions, such residents may have their Giyur process sponsored by the state.

Unfortunately, while in theory conversions of all three major denominations – Orthodox, Conservation, and Reform – are accepted for Aliyah, in practice the reality is very different. Under pressure from the Rabbinical Authority of Israel, the Israeli government is skeptical of conversions not performed within an Orthodox framework, especially if they were performed inside of Israel. As such, Reform and Conservative conversion cases often take months, if not years, to process and are more likely to result in a request for additional evidence or outright denial. As discussed below, this outcome can be challenged through administrative procedures or in court.

If you did not convert through a recognized Jewish community, your conversion may still enable you to make Aliyah. In this case, the Israeli Population and Immigration Authority will ask for information about the rabbi who supervised your conversion and the religious authority, if any, to which this rabbi belongs. You will be required to show 9 months of participation in a recognized Jewish community post-conversion, and upon your move to Israel will receive a temporary residence visa. Your citizenship will be granted once you produce documents showing 21 months of post-conversion participation in a recognized Jewish community, either within Israel and abroad.

WHAT DOCUMENTS DO I NEED IN ORDER TO PROVE MY CONVERSION FOR ALIYAH?

In addition to all the standard documents required for Aliyah, you will need to provide your original conversion certificate, as well as a signed statement describing the reasons you chose to convert, your conversion process, and the ways in which you are involved in Jewish life and a Jewish community today.

You will also need to provide a signed letter from the rabbi who supervised your conversion. The letter should describe your course of study toward the conversion, and include such details as how the rabbi accepts and prepares candidates for conversion, examples of topics covered in the lessons, information on where and when the lessons were held, and expectations of candidates to participate in a Jewish community throughout their conversion process. The letter should also include an affirmation that you were active in a Jewish community throughout your conversion process, with specific examples cited, if possible. If during your conversion you were involved in a community other than the organization with which you converted, you should include a second letter detailing this involvement, written by a rabbi in that community.

Finally, with your Aliyah application you will need to submit proof that you have been involved with a recognized Jewish community (although not necessarily the community with which you converted) for at least one year post-conversion. This proof is generally submitted in the form of a signed letter from the rabbi of the community. The important thing is to show that you are active in the life of the Jewish community: this could include such things as regular attendance at Shabbat and holiday services, membership in congregational organizations such as a sister- or brotherhood, and participation in learning sessions led by a rabbi.

If you apply for Aliyah and at least nine months have not yet passed since your conversion, upon your arrival to Israel you will receive a temporary residence permit until you submit documents proving continuous involvement in a Jewish community, in either Israel or abroad, for nine months after your conversion.

DO I NEED TO BE CURRENTLY ACTIVE IN A JEWISH COMMUNITY IN ORDER TO BE ELIGIBLE FOR ALIYAH AFTER CONVERSION?

Generally, yes. This is, in our experience, a crucial element of the success of your Aliyah application, as it demonstrates that even after your conversion you continue to identify as a member of the Jewish people. This is true even if you converted many years before filing your request for Aliyah.

As mentioned above, ideally this involvement will be for a period of at least one year after your conversion. However, circumstances that have prevented you from being continuously active in a Jewish community post-conversion (for example, COVID-19 related concerns) can be explained in the Aliyah petition.

THE ALIYAH PROCESS BASED ON CONVERSION TO JUDAISM

Once your Aliyah request is filed with the Israeli Immigration and Population Authority, it will be reviewed and potentially sent to the Authority’s headquarters in Jerusalem for an additional assessment. If the request is rejected, you may file an internal appeal as of right, which will be reviewed by senior officials at the Ministry of the Interior. If this appeal is rejected, you may file an administrative petition to the Regional Court in Jerusalem. We highly recommend that you consult with an attorney before taking these steps.

CONTACT AN ISRAELI LAWYER WHO SPECIALIZES IN ALIYAH AFTER CONVERSION

Making Aliyah after conversion can be a challenging and lengthy process. We advise that you reach out to an attorney with expertise in this field to guide you along this path.

Our law firm, with offices in Jerusalem and Tel Aviv, specializes in immigration matters, including Aliyah based on conversion. You are welcome to reach out for a consultation with us – we are happy to help!

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