The Minister of Interior’s Discretion in Granting Israeli Citizenships
What does the law prescribe regarding the Minister of Interior’s discretion in the granting of Israeli citizenships? According to the law, the Minister of Interior is given extensive authority to grant (or revoke) an Israeli citizenship to permanent residents, new immigrants, as well as additional special cases of foreign citizens (such as excellent athletes). The Minister of Interior’s authority is subject to judicial review. However, the court can’t always interfere with the Minister of Interior’s authority. In this article, a lawyer from our firm, specializing in Israeli immigration law, details the manner in which this authority is exercised, as well as additional important information for those seeking an Israeli citizenship.
Why should people who submit Israeli citizenship applications know about the Minister of Interior’s discretion in this subject?
According to the Israeli Citizenship Law, the Minister of Interior is the person responsible for granting Israeli citizenships. The Minister of Interior’s authority to grant citizenship also includes to authority to revoke citizenship (in cases such as conviction in national security offenses), as well as the authority to approve requests to renounce citizenship. The wording of the law grants the Minister of Interior extensive discretion in exercising these authorities, in a manner which, in many cases, might seal the fate of those wishing to immigrate to Israel (under the Law of Return), to adopt children and grant them an Israeli citizenship, or to commence naturalization procedures (for example, with respect to permanent residents or spouses going through procedures to regulate their status in Israel). In concurrence, it’s important for anyone conducting application procedures to obtain an Israeli citizenship, or wishing to commence procedures of this kind, to be familiar with the provisions of the law and the manner in which the Minister of Interior’s authority is exercised in practice. Below we explain these things, and present examples of related cases discussed by Israeli courts.
What does the Citizenship Law stipulate regarding the Minister of Interior’s discretion in granting Israeli citizenships?
The Citizenship Law prescribes a number of tracks for obtaining a citizenship. These tracks include the granting of a citizenship under the Right of Return (i.e., under the right of Jews and the descendants of Jews to immigrate to Israel); the granting of a citizenship based on residency in Israel (for example, legal permanent residency of non-Jews, as well as marriage or a civil union as Jews with partners who are Israeli citizens); as well as the granting of a citizenship in other special cases (for those who have served in the IDF or acted in a meaningful way to advance Israel’s security, economy, or another important matter, and in addition in cases where granting a citizenship constitutes a special interest of the state).
In all cases noted above, the granting of citizenship is subject to specific conditions, and the final decision on whether to grant a citizenship in such case is given to the Minister of Interior. In addition, the Citizenship Law authorizes the Minister of Interior to establish procedures for the exercise of their extensive authority, which are then implemented by the Ministry of Interior’s Population and Immigration Authority. Throughout the years, many procedures have been established by the Ministry of Interior on this subject, including the procedure for granting citizenship to foreign spouses married to Israelis, the procedure for granting citizenship to spouses in a civil union, the procedure for handling citizenship applications, and so on. Citizenship applications based on any grounds should be submitted in accordance with the above procedures, and it’s recommended to do so with the assistance of a lawyer specializing in Israeli immigration law.
In which cases might a citizenship be granted under this authority?
The authority to grant citizenship (under Section 9 of the Citizenship Law) is activated in special cases and in accordance with the exclusive discretion of the Minister of Interior. For example, in special cases where Israel wishes to encourage those who have made unique contributions to the country to stay in it. This authority has been exercised in a number of cases throughout the years, in order to grant citizenships to excellent foreign athletes working in Israel. One example from recent years is the case of football player Miguel Vítor, who has been playing for the Israeli national team over the last few years. Following a recommendation from the Minister of Culture and Sport, in May 2022, the Minister of Interior (at the time) has decided to grant an Israeli citizenship to this athlete, who is originally a Portuguese citizen. The main reason was to allow this player to join the Israeli national football team. This case is interesting, mainly in light of the fact that this player and his family have no affiliation with Judaism.
Alongside this case, there are also other cases from recent years in which foreign citizens have been granted citizenships; however, in these cases the citizenship was granted based on familial affiliation to Israel. For example, in 2016, the athlete Lonah Chemtai Salpeter was granted an Israeli citizenship following her marriage to an Israeli citizen. However, it should be noted that in this case, citizenship was granted at a relatively early stage of the regulation of the status of foreign spouses in Israel. With respect to married couples, this process takes approximately 5 years on average. In the case of Chemtai Salpeter, she was granted a citizenship following two years of marriage. Another notable and interesting case from recent years is that of Nigerian basketball player Ali Mohamed, who was granted temporary residency status in Israel. This case, and the other cases noted above, illustrate the extensive discretion given to the Minister of Interior in granting an Israeli citizenship or status to foreign citizens.
The Minister of Interior’s Discretion in Granting Israeli Citizenships – contact a lawyer specializing in Israeli immigration law
In this article, we have explained the discretion given to the Minister of Interior in granting Israeli citizenships and status, and provided examples of the manner of exercising this authority to grant, which has been exercised several times in recent years with respect to excellent athletes. For any other question regarding immigration to Israel, our law firm is available to provide assistance as well as professional and comprehensive service. Our law firm, located in Jerusalem and Tel Aviv, specializes in Israeli immigration law. Our law firm represents clients in immigration procedures, citizenship applications, and applications to regulate their status in Israel with the Ministry of Interior and all Israeli judicial forums. Click here to contact an Israeli immigration lawyer from our firm.
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