Renouncing the right to renounce – residency requirement for new immigrants before receiving an Israeli passport
Many of those eligible to make aliya would like to obtain an Israeli passport after their immigration without settling in Israeli permanently. New immigrants settling in Israel can only obtain a passport that is valid for a year, and any passport with longer validity requires the immigrant’s center of life to be in Israel.
The State of Israel, and particularly the immigration authorities, are opposed to those eligible for aliya receiving Israeli citizenship only for the sake of the passport, without any desire to live in Israel. In recent years (and particularly starting in 2022), the residence requirement for new immigrants (“Olim”) is an integral part of the aliya process. On the other side, many of those who are eligible for aliya would like to go through the process and receive Israeli citizenship but continue to live in their country of origin, or to receive the passport immediately on their arrival in the Holy Land. Is it possible to receive an Israeli passport without settling in Israel? Is it possible to renew an Israeli passport from abroad? In this article you will find answers to these questions.
Our legal offices, with branches in Jerusalem and Tel Aviv, specialize in the field of immigration and aliyah to Israel. We assist those eligible for aliya, Israeli citizens, partners/family members of Olim, and foreign citizens to enter Israel and obtain legal status here. Many of our clients seek to obtain an Israeli passport without permanently moving to Israel, whether it is to maintain living and working rights in Israel without immediately cutting off all connections and income sources abroad, or to make use of the passport in the future.
Why do the authorities require new immigrants to settle in Israel?
The objective of Israel’s immigration and aliya policies is the “ingathering of the exiles” – the world’s Jewry moving to Israel from abroad. Israeli citizens who move abroad, or new immigrants who receive citizenship but continue to live in another country, contradict this objective. On a more practical level, citizens who live abroad do not contribute to the country’s economy, do not pay taxes, do not serve in the army or the reserves, and can even cost the country money when they return to Israel. Of course, Israel’s government has a clear interest in most of its citizens settling in Israel, rather than merely visiting in order to acquire a passport or receive a new immigrant’s benefits.
Until 2017, a new immigrant was required to live in Israel for a year (or 9 cumulative months in a year) with a laissez-passer certificate before receiving an official Israeli passport. Starting in 2017, the Passports Law was amended to reduce the waiting period to only three months. Those that wished to could obtain the passport within weeks, as long as they signed a form stating that they did not intend to renounce Israeli citizenship.
What is the reason for the new changes in the aliya protocol?
Beyond the practical and economic interest in olim settling in Israel, a number of inquiries and statistical analyses have recently been published which show that a significant proportion of olim who receive Israeli citizenship choose not to live in Israel. These may be olim who leave Israel immediately after receiving all the benefits and the olim absorption basket, or those that want the Israeli passport only for the travel and freedom of movement options it provides.
The Interior Ministry’s return to tougher regulations comes in the wake of this news, the accompanying petition by the Movement for Quality Government in Israel, and a lively debate on the subject in the Knesset committee. The objective of the changes is to prevent exploitation of the new Passports Law, in terms of both obtaining money fraudulently from the Absorption Ministry and the use of an Israeli passport by someone who is not an Israeli citizen on any practical level.
What are the new regulations?
New immigrants to Israel must sign forms certifying not only their intention to settle in Israel, but also the severance of their connection to a foreign country (similarly to the existing questionnaire for determining residency for someone returning from abroad). Anyone falsifying answers to this questionnaire is considered to have obtained an Israeli passport fraudulently, and the Interior Minister has the authority to revoke the passport after receiving evidence to that effect. In addition, the Israeli passport received by a new immigrant on entrance to Israel has a particularly short expiration period.
How can one obtain a passport rapidly?
Just as in the past, it is still possible to obtain a passport in a relatively short amount of time by signing a “renunciation of renunciation”, in which the new immigrant declares their lack of intention to renounce Israeli citizenship. This passport, however, is valid for only a limited time.
For the first year in Israel, the new immigrant can receive a passport that is valid for a year. If they stay in Israel for at least 9 months out of that year (or 75% of the entire period between making aliya and applying for the new passport) they can get a new passport that is valid for 5 years. Five years after the date of aliya, the citizen can get a passport that is valid for 10 years.
And what about renewing an Israeli passport for a citizen who is located abroad?
Here the regulations have actually not changed, but there is a certain amount of confusion regarding a situation that has been around for a long time, due to new attention being paid to the issue of passports. You can only renew a passport in the place where your center of life is located. An Israeli citizen who lives abroad can renew the passport for that foreign country, but not an Israeli passport.
An Israeli citizen whose passport expired while he is still abroad can go to an Israeli representative in that country in order to obtain a laissez-passer which will allow him to return to Israel and renew the passport in the nearest branch of the Population Ministry.
And what about someone eligible for aliya who does not want to settle in Israel?
Those who are eligible for aliya and wish to live and work in Israel, and have the option of free exit and return entry to Israel, without going through the aliya process, can apply for an A/1 visa, which is valid for up to 3 years and can be renewed for up to 5 years. Obtaining this visa requires proving eligibility for aliya, and we will be happy to help you with this process.
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Our law offices help our clients through the aliya process, dealing with various difficulties regarding bureaucracy, the Interior Ministry, obtaining and translating documents, and obtaining a passport. If you need help on any issue related to immigration and aliya, contact us – an attorney with expertise and experience will be happy to provide you with explanations and assistance.
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