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How to re-issue Israeli citizenship you have renounced in the past?

Joshua Pex
Joshua Pex

Former Israelis who have renounced their citizenship may apply to reissue their Israel citizenship by way of making Aliyah. Requests for restoring Israeli citizenship will be examined via a more strict procedure than requests for Aliyah to Israel by eligible immigrants under the Law of Return who have not renounced their right to citizenship. Children of parents who renounced their children’s citizenship when the children were minors may request cancellation of their parents’ declaration between the ages of 18 and 22, or within a year after the end of their mandatory military servicewhichever is later. This article explains about the examination process for requests to regain Israeli citizenship for those who would be eligible to gain it based on the Law of Return.

Our law office specializes in Israeli immigration law, helping spouses of Israelis gain legal status in Israel, navigating eligible Olim deal through Aliyah issues, and aiding with acquiring all manner of Israeli visa and status types.

re-issue Israeli citizenship

How to request a reissue Israeli citizenship after having previously renounced it?

It often happens that eligible immigrants under the Law of Return or Israeli citizens decide, for various reasons, to willingly renounce their right to Israeli citizenship by filling out a declaration stating their wish not to be an Israeli citizen (also called “declaring Arli” after the Arli form for renouncing Israeli citizenship). There are various reasons for this. One common reason is acquiring or maintaining citizenship in a country that does not allow dual citizenship. The eligible Oleh (Jewish immigrant) may sometimes have an additional citizenship and may not wish to have Israeli citizenship as well. In general, anyone who fills out a renunciation declaration as stated above, and whose request is approved by the Israeli Minister of Interior, will no longer be automatically considered eligible for Israeli citizenship under the Law of Return but, rather, only a permanent resident.

The question arises as to what will happen if these eligible Olim (Jewish immigrants) who have renounced their citizenship by declaration wish to make Aliyah to Israel. In general, the Israeli law allows for them to request their citizenship anew despite having previously renounced it. However, the request will be processed differently from a normal request. Over the years, the procedure for approving or disapproving such requests has been consolidated into fixed regulations by the Population and Immigration Authority at the Israeli Ministry of Interior. The regulations stipulate how to deal with citizenship requests by eligible immigrants under the Law of Return who have submitted a declaration of their wish not to be Israeli citizens. Below we explain about this procedure.

How Must Requests for Citizenship be Submitted by Eligible Immigrants under the Law of Return Who Have Renounced their Israeli Citizenship?

In general, it is imperative for the citizenship applicant to arrive in person at their local Population Authority branch when submitting the application. In addition, they must meet the conditions for a reissue of Israeli citizenship, which are as follows: the applicant must be in Israel, they must be eligible for permanent residency and settlement in Israel, or they must intend to settle in Israel. When submitting the request, the applicant must present an ID card and sign the declarations provided to them on the spot. Note that it is possible to request for the application to be filed by a proxy with a notarized power of attorney in cases where the applicant is unable to arrive in person for medical reasons. In such cases it is necessary to back up the exceptional request with medical certificates proving that the applicant was unable to arrive to file the application themselves.

If the application is submitted by a split couple with minor children, the parent immigrating to Israel may submit the application on behalf of the children only if the other parent approves. The other parent may give their approval abroad through the Israeli Diplomatic Mission (embassy or consulate) and in the presence of the immigrating parent or through a notary public who is approved by the Israeli Diplomatic Mission. Alternatively, the parent may give their approval through a notary with an apostle stamp independently of the Israeli Diplomatic Mission. If the other parent does not give their approval, the parent submitting the application is required to present an original court-approved court decision or divorce agreement stating that the parent submitting the application is the child/children’s sole legal guardian or, alternatively, that the parent submitting the application has full legal charge of the minor child.

How Are These Applications Examined at the Israeli Ministry of Interior?

In processing the application, the details provided in the application form and in the declarations signed by the applicant will be examined vis-à-vis the applicant’s ID card. Any potential restrictions preventing the renewal of the citizenship will be checked, including impersonation or a borrowed identity. The checking process may raise the need to consult with officials from the foreign country. If any restrictions are discovered, they will be dealt with through an internal procedure of the Population Authority, which concerns prior inquiry into applications that require such inquiry.

In addition, the conditions mentioned above will be examined: whether the applicant is in Israel (except in exceptional cases where an exemption exists); whether the applicant is eligible for permanent residency in Israel (which is given to Olim who have not yet received citizenship, and, in cases where the residency has expired, the application will be processed according to the regulations for reimmigration to Israel); and whether or not the applicant intends to settle in Israel (which will be examined, inter alia, by monitoring the applicant’s movements across country borders, a personal interview, etc.). The applicant may be required to present documents testifying to their future intentions to settle in Israel, such as a certificate showing that the applicant works in Israel or showing the educational institutions where the applicant’s children study. If the applicant meets the above conditions the application will be initially approved and the applicant will be summoned to declare their allegiance to the State of Israel. From the date of this declaration, the applicant’s citizenship will be changed in the internal systems of the Israeli Ministry of Interior and the applicant will be considered an Israeli citizen.

How Is the Applicant’s Criminal History Examined in the Application Process?

At the same time as the application is examined by the Population Authority, inquiries are sent to the Israel Police to check whether the applicant has any criminal past or whether any intelligence information exists concerning the applicant. If any criminal restrictions on approving the application are discovered through this inquiry or other inquiries conducted by the Authority, the applicant will be informed and they will be given 30 days to provide a written response before their file is closed. The response must be backed up by an affidavit signed before a lawyer as long as the applicant’s claims relate to facts (not simply legal claims). If no response is received, the Authority has the right to deny the application—in which case the applicant will receive a refusal letter with a detailed explanation.

What About Children of Parents Who Renounced the Children’s Citizenship When the Children were Minors?

Children whose parents signed a declaration and included their children when the children were minors may cancel their parents’ declaration between the ages of 18 and 22 or within a year from the end of their mandatory military service—whichever is later. This will generally allow them to receive citizenship in an expedited procedure like other eligible immigrants under the Law of Return. However, if they do not act in a timely manner and according to the above conditions, they will have to apply according to the normal regulations.

What Do You Do If Your Application to reissue Israeli citizenship Is Denied?

Note that, in cases where the Authority officials are given the option of providing a response, there is no option to counter the decision with the Population Authority via an inner appeal. Countering the decision in such cases is only possible via a lawsuit or appeal with the relevant authorized court. For more information on the topic, see our article on appealing the Ministry of Interior’s decisions.

Regaining Israeli Citizenship for Eligible Immigrants Who Have Renounced Their Citizenship —Contact a Lawyer Specializing in Immigration to Israel

This article explained the complex process of applying for citizenship among eligible immigrants under the Law of Return who have renounced their Israeli citizenship in the past by declaration. If you have any further questions on the matter or need any advice or assistance, we will be happy to help. Our law firm, which has branches in Jerusalem and Tel Aviv, specializes in the laws of immigration to Israel and assists clients in various procedures vis-à-vis the Israeli Ministry of Interior and all the legal courts. To contact an immigration lawyer from our offices click here.

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