An unmarried couple that has met in Israel while the woman was in Israeli illegally submitted a motion for a permanent residency for the woman.
The Court held that the Ministry of the Interior is to review the truth of the relationship between the couple and only then take a decision. Marriage to an Israeli citizen does not by itself grant an automatic right to citizenship but lack thereof does not negate the right. The Common Law marriage procedure sets the grant of status to unmarried couples in Israel. It is the right of the couple to structure their relationship as they see fit, including by separation of property, and they do not have an obligation to get marries to show the truthfulness of their relationship. However, there is still a requirement to show that in the relevant case it is a true and honest relationship and not, for example, a financial partnership and joint household or a fictitious relationship which is meant only to retrieve a status in Israel. Here the woman indeed stayed in Israel illegally for a time, but this is not grounds to infringe the right of her couple only because of her behavior in the past, especially when most of the period of her stay in Israel was legal and she tried to legalize her status. Therefore, the Ministry of the Interior is to rereview the truthfulness of the relationship.