Eligibility for Oleh certificate and benefits – Israeli immigration attorney

New immigrants to Israel are granted an Oleh certificate, which confers access to an array of benefits and rights. Not all olim are aware that the right to an Oleh certificate is time-restricted, and that after a certain period of time in Israel, the right to this certificate expires, together with the benefits it confers. In this article, attorney Joshua Pex, a partner and expert in Israeli immigration law from our office, will explain the subject in detail.

Millions of Jews and descendants of Jews from all over the world are entitled to immigrate to Israel by virtue of the Law of Return. Many of them do not speak Hebrew fluently or know how to deal with the Israeli bureaucracy. Accordingly, new Olim are not always aware of the many benefits they may be entitled to, or the ways to access these benefits. Also, many are not aware that the benefits granted to olim are limited in time, and that a prolonged stay in Israel without exercising them may result in loss of the right to do so. For example, staying in Israel for several years may result in loss of eligibility for an Oleh certificate and other benefits.

Our office regularly provides legal assistance to new olim, representing them in immigration procedures and helping them exercise their rights. In our work, we have encountered quite a few cases where lack of awareness and unfamiliarity with the law caused olim to lose their rights. To help new olim understand what they are entitled to, below we will explain the main benefits for new olim, as well as the time restrictions on receiving these benefits.

What benefits are new olim entitled to?

New olim are entitled to many benefits – firstly, an absorption basket. The absorption basket includes entitlement to payments provided by the state, as well as Hebrew studies at an Ulpan, thus easing their way during the first months of their stay in Israel. Apart from this, new olim are entitled to housing assistance, health insurance and reduced payments in health maintenance organizations (HMO), subsidies for studies and professional training, and tax benefits (such as exemptions and benefits regarding investments abroad, known as the “acclimation year“).

These benefits are accessed via a variety of entities and authorities in Israel, including the Ministry of Immigration and Absorption, the banks, the National Insurance, the HMOs and the tax authorities. In order to prove eligibility in these cases, and in order to document the benefits granted, a new oleh must present an Oleh certificate. This certificate is usually granted during the process of admission to Israel, to individuals over the age of 17 or to families. The olim’s photos appear in the certificate (spouses’ photos appear in the family certificate) and children up to the age of 21, who immigrated with their parents, are registered. Children over the age of 21 are entitled to a separate Oleh certificate. Whenever applying to access rights and benefits, or to receive assistance from the Office of Absorption, olim are required to present the Oleh certificate. This means that without an Oleh certificate, new olim will not be able to exercise most of the rights to which they are entitled.

What is the time limit for exercising eligibility for an Oleh certificate?

New olim often arrive in Israel even before they officially embark on the process to be recognized as olim (for example, for the purpose of frequent family visits). It is important to know that a prolonged stay in Israel may cut off the right to an Oleh certificate, and as a result, to the other benefits reserved for olim. The policy of the Ministry of Immigration and Absorption is that those who have stayed in Israel for a period of more than 5 years during the 7 years preceding obtaining Oleh status, will not be entitled to an Oleh certificate or assistance through an absorption basket. It is important to be aware of this policy, and to consult with an attorney specializing in Israeli immigration law in cases where the authorities refuse to grant this entitlement or other benefits.

What additional benefits expire after an extended stay in Israel?

Along with entitlement to an Oleh certificate, a host of other entitlements may also expire after a long stay in Israel. Thus, staying in Israel for a continuous or cumulative period of between 3 and 5 years will result in cancellation of most of the rights granted to new olim. Such olim will be given only partial assistance as olim, for one year, and housing assistance for 3 years. Likewise, the right to an absorption basket expires following a stay of a continuous or cumulative period of more than two years. In addition, those who converted to Judaism while in Israel, and stayed here for more than a continuous or cumulative period of 30 months, are not entitled to an absorption basket. These are just some of the cases in which new olim’s entitlement to the benefits they deserve will be cut off. It is recommended to consult with an attorney specializing in Israeli immigration law in cases of difficulty in exercising rights and benefits for new olim, in order to understand the legal options in such cases.

Eligibility for an Oleh certificate and additional benefits for new olim – contact an attorney specializing in Israeli immigration law

In conclusion, it is important that new olim and those who wish to make aliyah be aware of the time limits on eligibility for Oleh certificates and the ability to exercise additional benefits for new olim. If you have additional questions or need any advice or assistance on the matter, you can contact our office and we will be glad to help. Our law office, in Jerusalem and Tel Aviv, specializes in Israeli immigration law and assists in immigration procedures, obtaining status and exercising rights before the various authorities and legal courts in Israel.