How to Make Aliyah to Israel? Decker, Pex, Levi

Every year, tens of thousands of new immigrants (Olim) arrive in Israel from various countries around the world. The process of immigrating to Israel can be lengthy, possibly starting long before one’s arrival and continuing even years after settling in Israel. This article will explain how to make Aliyah to Israel, who is eligible, how the immigration process works, which documents the immigrant must present, how one can immigrate after staying in Israel, and the rights afforded to new immigrants.

Who Can Make Aliyah to Israel?

Three laws provide the legal framework for immigration to Israel: the Law of Return (1950), the Citizenship Law (1952), and the Entry to Israel Law (1952). The Law of Return is the primary legislation from which the right to make aliyah to Israel stems. Initially, the law granted every Jew the right to immigrate to Israel without defining who qualifies as a Jew.

Over the years, many disputes arose regarding the definition of a Jew and to whom the law applies. Ultimately, in an amendment made to the Law of Return in 1970, it was determined that a Jew is someone who was “born to a Jewish mother or has converted to Judaism and is not a member of another religion.” Simultaneously, the amendment stipulated that the rights of a Jew under this law, as well as the rights of an Ole under the Citizenship Law (1952), and any other legislation, also apply to a child, grandchild of a Jew, a spouse of a Jew, and the spouse of a child or grandchild of a Jew, excluding someone who was Jewish and willingly converted to another religion. Hence, according to the Law of Return, halachically recognized Jews, their children, grandchildren, and spouses can immigrate to Israel.

The definition of a recognized Jewish conversion for the purposes of the Law of Return remains contentious. Alongside Orthodox conversions universally recognized for immigration, the Israeli courts had also recognized Reform and Conservative conversions conducted in Israel. However, it’s essential to note that an aliyah request based on conversion is not automatically approved. Consulting an immigration lawyer to Israel can help clarify the validity of the conversion and the legal feasibility of immigration.

What’s the Process of Aliyah to Israel?

The immigration process usually begins with the potential immigrant contacting the Jewish Agency in their residing country. The Jewish Agency provides information, assistance, and acts as an intermediary throughout the Aliyah process and helps with acclimatization in Israel. Contact information for the Jewish Agency can be found on its website. Additionally, consulting an immigration attorney can help maximize the rights granted to new immigrants and liaise with the Ministry of Interior.

Which Documents Must a New Immigrant Present?

Before making Aliyah, applicants must provide a variety of civil and religious documents to prove their eligibility under the Law of Return:

A valid passport.
An original birth certificate or a notarized copy with an apostille seal. If the document isn’t in English, it should be translated by a notary fluent in the document’s original language.
A conduct certificate from the past three months.
Documentation proving the applicant’s Jewish heritage, such as a letter from a community rabbi in their residing country. The letter should attest to the Jewish heritage of the applicant or their parents or grandparents. For this letter to serve as proof of Judaism, the rabbi must appear on the list of rabbis recognized for conversion by the Ministry of Interior. It’s worth noting that new immigrants from the former Soviet Union don’t need to present this document.
Another option to prove Judaism is to present a marriage certificate indicating the wedding took place in a synagogue or another Jewish institution. This can be the original document or a notarized and translated copy.
In some cases, the applicant might need to provide a family member’s death certificate to verify that they were buried in a Jewish cemetery.
Applicants can also include any other document testifying to their Jewish heritage or that of their family members.

It’s crucial to understand that if the applicant wishes to immigrate to Israel with their family, they must present a certificate of marriage to their spouse as well as birth certificates for their children.

In cases where an applicant wishes to immigrate to Israel after undergoing conversion, they must present the following documents:

The original conversion certificate with the ruling of the religious court where the conversion took place.
A letter in which the applicant explains the conversion process they underwent.
A letter from the community rabbi where the applicant underwent the conversion and a letter from the rabbi of the community to which they currently belong. The letter should describe the conversion process and the current status of the applicant in relation to Judaism.
A letter from the rabbi who conducted the conversion process for the applicant. The letter should explain the process the convert went through.

In addition, the rabbi who accompanied the conversion process and the court where the conversion took place must be listed on the recognized list at the Ministry of Interior.

Can one immigrate after living in Israel?

Yes. New immigrants have the option to come under the A/1 temporary residency visa, which allows those eligible under the Law of Return to come to Israel for up to five years to work, study, and live in the country. The purpose of this visa is to give potential immigrants a “taste” of life in Israel and to assess their desire to settle permanently. After the visa expires, they are not obligated to become permanent residents.

Applicants coming under the A/1 visa must present the documents mentioned in this article, prove that they don’t have a criminal record, have never been denied entry to Israel, and do not pose a threat to Israel’s security.

Upon receiving the visa, its holder will get an identification card that is not blue (i.e., not that of a citizen) but can enjoy all the social and societal rights granted to an Israeli citizen, such as national insurance or health insurance. However, they cannot obtain a passport or vote in elections since they are not yet citizens.

Additionally, those eligible for aliyah (immigration) have the option to change their status from a tourist in Israel to an immigrant. On the one hand, this is a process that doesn’t require gathering and submitting documents before arriving in Israel, and it’s especially convenient for those who need to come to Israel urgently without prior preparations, such as immigrants from Ukraine during the Russian invasion. On the other hand, if an aliyah applicant doesn’t have the necessary documents to prove eligibility, it becomes more complicated to obtain them without leaving Israel.

What rights do immigrants have after arriving in Israel?

After immigrating to Israel, new immigrants are entitled to numerous benefits designed to aid their assimilation:

An absorption basket providing living expenses for the first six months.
Tax exemptions and reductions.
Assistance for single parents for school fees and payments for kindergartens.
Public housing for up to 15 months.
Free health insurance and reduced health fund payments.
Easements in matriculation exams.

It’s essential to consult with an immigration lawyer in Israel to maximize all the rights due to a new immigrant. A knowledgeable immigration lawyer will advise the immigrant and ensure they don’t lose any rights.

Consulting an Immigration Lawyer

Immigrating to Israel is a lengthy process that demands familiarity with the Ministry of Interior and the Population and Immigration Authority. Understanding the various procedures of the Population and Immigration Authority and adequately representing the applicant’s case to the Ministry of Interior will ensure swift immigration and the full realization of the immigrant’s rights.

Our law firm specializes in visas to Israel, immigration, and obtaining residency in Israel. If you wish to immigrate to Israel, obtain an entry visa and permanent status, get Israeli citizenship, bring a spouse or family to Israel, and more, we’re here to help.

To schedule a meeting with our immigration lawyer in Tel Aviv or Jerusalem, please contact us via phone or the email provided below. We are at your service.