Israeli nationality law
From Wikipedia, the free encyclopedia
Israel's Nationality Law defines the terms through which one can be granted citizenship of the state of Israel. Israel is, by its own definition, the state of the Jewish nation, and its leadership believes that one of its primary objectives is keeping a Jewish majority in Israel.[citation needed] Thus, Israeli nationality law is created with a bias in favor of those with Jewish heritage.[citation needed] Israel law also follows jus sanguinis as the primary mechanism through which one may obtain citizenships, rather than jus soli.
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[edit] Possession of citizenship
[edit] Rights of citizens
- Israeli citizens have the right to fully participate in the political system of Israel.
- Israeli citizens have the right to obtain an Israeli passport and use it legally.
- Israeli citizens have the right to travel into and out of Israel whenever they wish (Note: this right may be limited at certain times with special warrants)
Other rights include: the right to work within Israel, the right to extenuation of tax payments, the right to a pension when needed from the social security services, and the right to vote within the scope of local ordinances. Further rights are granted to anyone who is a resident of Israel regardless of citizenship. Residents who are not citizens may, however, lose their status (and thus any rights provided to them in Israel) if they move outside of Israel's borders (outside of the Green Line), contrary to the privileges of citizens which enable then to re-settle in Israel at anytime.
[edit] Responsibilities of citizens
Virtually all responsibilities are imposed upon citizens and non-citizen residents of Israel equally.
A responsibility which is imposed on Israeli citizens only is the requirement to be in possession of an Israeli passport at all times when outside of the country. Israeli citizens must thus have acquired a passport before being allowed to leave Israel.
Military service is legally mandatory for virtually all of Israel's citizens and residents although various exemptions can be granted. Certain ethnic groups, such as Arab Israelis, have received a blanket exemption.
An Israeli citizen is obligated to abstain from assisting a country or an organization which is defined as an enemy of Israel. Such assistance may lead to deprivation of citizenship at the advice of the Minister of Internal Affairs (in addition to a possible trial concerning criminal proceedings).
[edit] Acquisition of citizenship
[edit] By return
The Law of Return defines that all Jews possessing an Oleh's certificate shall become Israel nationals and allowed to immigrate to Israel. Such a certificate would almost automatically turn into Israeli citizenship upon arrival in Israel if so desired. In the 1970s the Law of Return was further expanded, and it was defined that the spouse of a Jew, the children of a Jew and their spouses, and the grandchildren of a Jew and their spouses would also be covered under the Law of Return and thus be eligible for an Oleh's certificate provided that they did not practice a religion other than Judaism. In 1999, the Supreme Court of Israel ruled that Jews or the descendants of Jews that actively practice a religion other than Judaism would not be allowed to immigrate to Israel as they would no longer be considered Jews under the provisions of the Law of Return.
Israeli legislators chose to make a clear distinction between the Law of Return, which allows for Jews and their descendants to immigrate to Israel, and between Israel's nationality law, which formally grants Israeli citizenship based on the Oleh's certificate. In other words, the Law of Return in and of itself does not determine Israeli citizenship; it merely allows for Jews and their eligible descendants to permanently relocate within the territory of Israel. The state of Israel does, however, grant citizenship to any applicant who immigrated to Israel via the Law of Return if the applicant so desires, though this is not mandated by the Law of Return itself.
Another important distinction should be made between Israeli citizens who live abroad and Jewish persons who are covered under the provisions of the Law of Return. A non-Israel Jew or an eligible descendant of a non-Israel Jew needs to request approval to immigrate to Israel, a request which can be denied for a variety of reasons including (but not limited to): possession of a criminal record, currently infected with a contagious disease, or otherwise viewed as a threat to Israeli society. Israeli citizens on the other hand are allowed to travel within the borders of Israel whenever they so desire without limitation. Israeli citizens are also the only persons allowed to obtain an Israeli passport. Eligible applicants under the Law of Return have no claim to any of the rights or privileges of an Israeli citizen unless they are formally cleared by the government, given an Oleh's certificate, and granted Israeli citizenship.
[edit] By residence
This section was intended for non-Jewish denizens of the British Mandate of Palestine (Arabs, Druze, Bedouins, etc) who where considered to be associated with Palestine during the period immediately prior to the 1948 Arab-Israeli War. Such denizens who were still within the territorial confines of Israel after the war were granted full Israeli citizenship. In order to determine who was eligible for citizenship under this provision, the state of Israel conducted a population registration in 1952 and again in the 1980s. Those found to meet the requirements obtained Israel citizenship. For purposes regarding modern Israeli citizenship, this section is usually irrelevant.
[edit] By birth
If either of a child's parents are Israeli citizens at the time of birth, then the child automatically acquires Israeli citizenship by descent provided that the birth occurred within the territorial confines of the state of Israel. Persons born outside of Israel are still eligible for Israeli citizenship if and only if either of the person's parents was an Israeli citizen not through birth abroad. In other words, the principle of jus sanguinis is limited to only one generation born abroad. Despite this limitation, the descendants of an Israeli national abroad can obtain Israeli citizenship through other methods, such as the Law of Return, if they are eligible.
[edit] By naturalisation
Adults may acquire Israeli citizenship through naturalization. To be eligible for naturalization, a person must have resided in Israel for three years out of the previous five years. In addition, the applicant must have a right to reside in Israel on a permanent basis. All naturalization requests are, however, at the discretion of the Minister of the Interior.
