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Israeli Status to a Non-Israeli Spouse of an Israeli Citizen

October 14, 2015
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Israeli law enables an Israeli citizen to be in a relationship with a non-Israeli, and request grant of an Israeli status to such spouse. However, such procedure may be a very complex one and may take several years.

An Israeli citizen's right to marry and raise a family in Israel is a fundamental constitutional right. To this end, Israeli Nationality Law enables the grant of permanent status to a non-Israeli spouse of an Israeli in a process known as the “Graduated Process”.  Until an application for permanent status is fully reviewed and in order to allow the couple to continue their life together until a final decision is taken (a proses that may take a few years) the spouse may receive a temporary permit allows the spouse to live in Israel and work in Israel. Once an application received a prima-facia approval it passes through a three stages process. In the first stage the spouse may receive up to an aggregate of 27 months of temporary permits. At the second stage the spouse may receive temporary status for a period of up to three years in which the spouse is also entitled to social rights granted to Israeli residents and at the last stage the spouse may receive a permanent resident status in Israel.

Through such three stages the couple will pass through a series of examinations to review their life as a couple which examinations include reviews to examine if there are any prevention due to national security issues, any criminal prevention and a series of examinations relating to the nature of the spousal relationship, the center of life and the connection to Israel. The procedure will be shorter when the couple is married and longer when the couple are not married but in any case may take several years. In some cases the State may demand a deposit of a bank guarantee as a condition for granting the temporary permits and their renewal.

Rejection of a motion for status is a dramatic result. The Israeli Court noted in several recent rulings that the Ministry of the Interior should make a thorough examination before deciding on a rejection and recommended to grant temporary permits for the purpose of further examination instead of rejecting a motion. Nevertheless, motions are sometimes rejected without such thorough examination, something that may sometimes be avoided by consulting with an attorney who is experienced in such area and whom can guide the couple in the process, including as to the manner in which the authorities should be approached, which documents need be furnished and how to fill the applications. If the applications are duly filled and are supported by proper references and supporting documents, the chances of the motion to succeed are higher.

Therefore, it is important that the process of applying for a permanent Israeli status will be accompanied by a lawyer experienced in the field of immigration to Israel as of the early stages.