Aliyah
The field of legal status regulation in Israel is a fascinating and rich field, which is not easy to navigate through, and which can easily be lost in if wrong steps are taken.
The State of Israel is not open to every person who wishes to enter it.
There are clear eligibility criteria to enter Israel, and in case a person does not meet them, a serious struggle against the authorities is expected ahead.
The Aliyah is made within the framework of the Law of Return, 5711-1950. The law was passed in July 1950, and it grants the Diaspora Jewish the right to immigrate to Israel.
In 2018, the Law of Return received a constitutional status as the Basic Law: Israel is the Nation State of the Jewish People has been received by the Knesset.
Under the Law of Return, people who meet the criteria of the law are entitled to immigrate to Israel, whether by virtue of being Jews, that is, children of a Jewish mother, or by virtue of being children of a Jewish father (which by definition are not considered Jewish).
Immigration to Israel can be made either from the person’s country of origin through the Jewish Agency for Israel, or when the person is already in Israel and submits an application for a change of status in Israel via the Population and Immigration Authority.
Applicants for Aliyah, both in Israel and abroad, are required to present documents that support their claim for eligibility under the Law of Return (i.e., Proofs of Judaism): birth certificate, a certificate indicating their current and previous personal status, medical documents and documents indicating that they do not have a criminal record. In some occasions, applicants would be required to submit documents indicating that they do not constitute a danger to the public safety in Israel.
Nevertheless, under some conditions, a person’s right to immigrate to Israel under the Law of Return could be denied.
The Law of Return states provisos, in which when a person meets them, he will find it difficult to exercise his right to immigrate to Israel:
(1) the applicant is engaged in an activity directed against the Jewish people;
(2) is likely to endanger public health or the security of the State.
(3) a person with a criminal record that may endanger public peace.
Did you collect all the documents required to submit the Aliyah application but got refused? If so, apparently, one of the Law’s provisos applies to you.
However, a refusal is not necessarily final, and an appeal can be filed against the initial decision.
In this case, it is advisable to contact an Israeli law firm that specializes in the field of immigration and can assist you in the process.
Dardik Gross & Co., has been practicing in the field of status regulation in Israel for many years and will be happy to assist you to solve the problem.
