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Citizenship for foreign spouses married to Israelis

Joshua Pex
Joshua Pex

How do foreign spouses of Israelis obtain citizenship in Israel? To provide Israeli citizenship for foreign spouses who married Israeli citizens, the spouses undergo a procedure at the Ministry of the Interior known as the “Gradual Process.” This procedure, which may last several years, requires, among other things, that the couple manage and share their life together in Israel and prove that their relationship is sincere and authentic. At the end of the process, the foreign spouse may receive permanent status in Israel or become a citizen.

The State of Israel is not the easiest destination for foreign citizens to immigrate to, to say the least. This is especially true in the cases of foreign spouses who married Israeli citizens. When mixed couples (consisting of Israelis and foreign citizens), including same-sex couples, wish to establish a home in Israel, this involves a lengthy procedure with the Population and Immigration Authority at the Ministry of the Interior. At the end of this process, provided that the couple meets all the complex preconditions, they will be able to obtain permanent status in Israel, i.e. permanent residency and an Israeli identity card, or full citizenship, which entitles them to an Israeli passport.

What is the Gradual Process for obtaining status for foreign spouses?

It has been a long time since the laws of the State of Israel and the procedures of the Population Authority have automatically granted citizenship to foreign spouses married to Israeli citizens, just because they are married. There are various reasons for this practice, mainly the desire to prevent the abuse of the marriage institution by foreigners immigrating to Israel and who have no real connection to the country. In order to verify that the couple indeed aspire to establish a home in Israel, a lengthy procedure has been established for obtaining citizenship or legal status in Israel for foreign spouses married to Israelis. This procedure is called the Gradual Process.

This process begins with the opening of a joint life application for the couple at the Ministry of the Interior. At this stage, the couple must appear before the representatives of the Population and Immigration Authority at the offices in Israel or at the foreign consulates, and present various documents, including personal documents (passport, birth certificate, certificate of no criminal record, registration extract, etc.) and proof of the existence of a spousal relationship between the couple. Couples who successfully pass this initial stage will undergo an in-depth interview to examine the sincerity of their spousal relationship.

At the same time, the issue of the couple’s intention to have a joint center of life in Israel will be examined, as well as the absence of a criminal or security related obstacle to obtain legal status for the foreign spouse. If the couple proves all of the above, they will be granted a temporary visa, which will usually allow them to live and work in Israel for an extended period of time. After these stages, the foreign spouse will begin a gradual process in which their residency in Israel will be gradually extended, subject to periodic examinations of their spousal status and compliance with the conditions for the spouse’s continued stay in Israel. At the end of the road, the foreign spouse will be able to obtain permanent status in Israel or become fully naturalized. The question of citizenship often depends on whether the foreign spouse wishes to keep their previous citizenship, since as a rule they will have to act to renounce it.Citizenship for foreign spouses

How long does it take for foreign spouses married to Israelis to obtain Israeli citizenship?

Completing the complex process detailed above may take several years. Usually it is between 4-5 years on average. Sometimes, the process is longer, and takes about 7 years. This is true, for example, for same-sex couples, who although they are married by civil marriage, with immigration rules leading to the regulation of their status generally being longer than for straight couples.

For couples who were married abroad without leaving Israel for that purpose, the State of Israel will usually determine that the Gradual Process will be longer. This is true, for example, for couples who got married through a representative according to the laws of the state of El Salvador, as well as couples who got married using the Zoom application, according to the laws of the state of Utah. In order to understand the expected duration of the procedure, or in case of any dispute with the Population and Immigration Authority, it is recommended to obtain legal advice from a lawyer specializing in Israeli immigration law.

May foreign spouses obtain citizenship in cases of separation or the death of the Israeli spouse?

In the unfortunate cases where the Israeli couple died during the Gradual Process, or when the couple separated (even if they renewed their relationship a month later), the Population Authority’s procedures state that these will usually lead to the termination of the Gradual Process. However, there may be exceptional cases in which, despite the termination of the Gradual Process, based on the affinity that the foreign spouses have developed for Israel or due to other special circumstances, it may be possible to examine the issue of continuing their legal status in Israel through a committee for humanitarian affairs. Furthermore, sometimes the decision may be appealed before the Ministry of the Interior or the court. For a comprehensive understanding of the issue, see the article published on our office’s website regarding the Termination of The Gradual Process.

Citizenship for foreign spouses who married Israelis – contact a lawyer specializing in Israeli immigration law

In this article, we have explained the process for obtaining legal status in Israel, by which foreign spouses married to Israeli citizens obtain Israeli citizenship. For any additional questions or any need for advice or assistance in the procedures for regulating your status in Israel, please contact us, and we will be happy to help. Our law firm, in Jerusalem and Tel Aviv, specializes in Israeli immigration law and procedures before the Ministry of the Interior and the court system.

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