Obtaining status in Israel on the basis of marriage to an Israeli
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Obtaining status in Israel on the basis of marriage to an Israeli

October 29, 2014
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In my position as the head of the Population Administration in Israel and responsible for the entire issue of immigration to Israel and the granting of residency or citizenship status, I have often come across cases of Israelis who have met a person in Israel or abroad and started a romantic relationship with him and wish to validate this relationship, whether living together in Israel without marriage or in a marriage relationship In such a case, is the spouse entitled to Israeli residency or citizenship?
A foreign Israeli spouse can be granted status in Israel through a procedure known as the "graded procedure" whose purpose is to establish the nature of the relationship between the spouses, and make sure that it is not a fictitious relationship or marriage whose entire purpose is to grant status to the spouse. There are two types of procedures called "Cohabitation procedure" (applicable to unmarried spouses as well as same-sex spouses) and "Foreign spouse married to an Israeli procedure" (applicable to married spouses), the difference between which is the duration of the procedure The rank and type of status in Israel, which the foreign spouse will receive in the end.
A graduated procedure according to the "Joint Life Procedure" will last about 7 years (in practice sometimes longer) and at the end of it the foreign spouse will be granted permanent residency status in Israel. The cohabitation procedure establishes instructions regarding the regulation of the status of a foreigner who is the spouse of an Israeli citizen or a holder of a permanent residence permit in Israel, when the spouses are known to the public and are not married.
In contrast, a graduated procedure according to the "Married Spouse Procedure" when the Israeli spouse is a citizen, will last approximately 4.5 years and at the end the foreign spouse will be granted citizen status in Israel.
What happens when couples lead a life together and after a while the couple decide to get married? In a recent ruling in the Jerusalem District Court, the case of a foreign Israeli spouse who received temporary status A/5 (temporary resident status in Israel) was judged, according to the cohabitation procedure as part of the "tiered procedure". After several years, when the status was renewed (the status is reviewed at the end of each year), the Ministry of the Interior refused to renew the spouse's status, after determining that there was no real marital relationship between the couple and the spouse was required to leave the country. In the meantime, the couple got married, a notification of this was given to the Ministry of the Interior and their registration in the population registry was changed to "married", despite this the Ministry of the Interior refused to change its decision following the marriage. The court ruled that marriage is indeed an indication of a relationship between the spouses, but this is not enough to determine the sincerity of the relationship and grant citizenship (this is what the "graded procedure" is for). However, and it is important to remember that the court's decision was based on the circumstances of that case, the court ruled that in that case the spouse is entitled to temporary status A/5 until the end of the procedure for examining the right to citizenship.
It is important to remember that the court's decision in that case was limited to the circumstances of the case and marriage will not always immediately lead to receiving status in Israel. Since certain actions may even negate the existing status, it is important to consult with a lawyer who specializes in the field and be accompanied by him in any procedure of obtaining status in Israel and certainly in the complex procedure of a "graded procedure".