Issuing a passport for an oleh – soon to change? (current as of March 2023)
How does Israeli law limit the issuance of passports for olim? New immigrants (“olim hadashim”) are entitled to receive Israeli citizenship by virtue of the Law of Return, and thus they are also entitled to an Israeli passport. As of right now, the first Israeli passport is only valid for one year, but every oleh receives a passport even if they do not intend to move to Israel after making Aliyah. However, a legislative initiative is now being promoted that will allow the refusal of new olim’s applications for passports, until they prove that they have settled in Israel. Below we will present an overview of the current legal situation regarding this issue and explain the new legislative initiative and its implications.
New olim enjoy a multitude of rights and benefits designed to ease their acclimation in Israel. Among these benefits – immigrants arriving in Israel for the first time are entitled to a living allowance for the first 6 months of their stay (absorption basket) as well as language studies, tax breaks, housing assistance and other benefits. Quite a few of these benefits are given automatically in order to help with the transition to Israel which may be very complex for foreign citizens. However, regarding eligibility for a passport, the legal situation may be more complex.
In the past, the State of Israel instituted a strict policy regarding issuing passports for olim during the first year after their aliyah. In 2017, the law’s requirements were eased significantly. Recently, the Ministry of the Interior initiated steps to return the legal situation to its former state, in a way that could negatively affect many new olim. Due to media reports on this potential change, our office has received inquiries on the subject from many new immigrants and those entitled to make aliyah. Below we will explain the current legal situation, and the consequences of changing it.
What does the law currently stipulate regarding a new oleh’s right to take out a passport?
In general, the Law of Return states that Jews from all over the world and their family members are entitled to make aliyah and receive Israeli citizenship, except in extremely unusual cases. Part of the right to Israeli citizenship includes the right to receive an Israeli passport. The Passport Law, which regulates this entitlement, states that the Minister of the Interior has broad authority to refuse to issue a passport. However, the law in its current form states that the Minister of the Interior is not authorized to deny passports to new olim solely on the grounds that they have not yet settled in Israel and made it their “center of life“.
This legal situation recognizes that moving to Israel from a foreign country may be dynamic, lengthy and complex, and that there may be cases in which new olim will continue to make frequent visits to their country of origin (for purposes such as business, family visits, etc.) and will settle in Israel only some years after they arrived in Israel for the first time and received Israeli citizenship.
It is important to note that despite the restriction we mentioned, which does not allow the Minister of the Interior to deny a passport to a new oleh on the grounds of non-settlement – the law still recognizes the Interior Minister’s authority to deny a passport to any person (including a new oleh) for other reasons, such as concern of misuse of the passport. Accordingly, it is possible that even in the current legal situation, a new oleh’s application for a passport may be denied. In cases where new olim’s applications are denied and they feel that the refusal is unjustified, it may be possible to appeal the Ministry of the Interior’s decision, and even file an administrative appeal in the Administrative Affairs Court. In these cases, it is recommended to consult with an attorney specializing in Israeli immigration law to understand the possible courses of action in specific cases.
What steps are being taken now to change the legal situation regarding issuing passports for olim?
For many years, the law did not prevent the Minister of the Interior from denying passport applications on the grounds of not settling in Israel. New olim would receive Israeli citizenship by law, but in the first year of their stay in Israel they would only receive a laisser passé, which is a much more limited travel document than a passport.
In 2017, the law was updated so that every new oleh received an Israeli passport upon arrival in Israel. But after several media investigations and Knesset hearings regarding olim who receive the passport and immediately fly abroad again with no intention of returning to Israel in the near future, a compromise proposal was accepted. Today, new olim receive a passport with an extremely short expiration period (one year only) and only after staying in Israel for a year do they get a passport valid for 5 years and then for 10 years.
Recently, it was reported in the media that the Minister of the Interior has ordered promotion of a legislative amendment to return to the legal situation as it was before 2017. It is claimed that this step is intended to act against new olim taking advantage of the legal situation by obtaining a passport even though they do not intend to settle in Israel.
At the time of writing these lines, the law remains in its current form, and new olim are still entitled to receive a passport even if they have not yet settled in Israel. However, one never knows what the next day will bring. We are monitoring the process closely, and will continue to post updates on our website regarding new developments, as they arise.
Issuing a passport for a new oleh – contact an attorney specializing in Israeli immigration law
Above we have explained the existing legal situation regarding passports for new olim under the Passport Law, as well as the initiative that is currently being promoted to amend the legislation. If you have additional questions about making aliyah and the rights of new olim, or need advice or assistance on the matter, we will be glad to help. Our law offices, in Jerusalem and Tel Aviv, specialize in Israeli immigration law. Our attorneys have extensive experience in representing new olim before all the authorities and legal courts in Israel. To contact an Israeli immigration attorney from our office, click here.
:
:מאמרים מומלצים