Israel: Information on the current residence status of mixed couples (Jewish/non-Jewish) who immigrate to Israel

The following information was provided during a 25 May 1996 interview with the director of the Visa Department of the Ministry of the Interior in Jerusalem.

Mixed Couples and Citizenship

        In the last two years, the Ministry of the Interior has implemented a new policy to evaluate the validity of the marriage relationship of mixed (Jews/non-Jews) couples who immigrate to Israel. Under the new policy, the Ministry can delay granting citizenship to the non-Jewish spouse for a probation period of three to six months in order to evaluate the marriage. This policy is aimed at controlling the number of arranged marriages of Israelis and non-Jewish spouses for the purpose of entering Israel to conduct illicit activities. The policy is not a means to prevent Israeli citizens from marrying foreigners. This policy includes all mixed couples whether they are from North America, Europe, Africa, etc. In order to efficiently implement this policy, the Ministry of the Interior collaborates closely with Israeli missions abroad.

This policy has been unsuccessfully challenged in the Israeli High Court. In its decision, the High Court stated that the policy was warranted because of the seriousness of the cases. The Court allowed the Ministry of the Interior to require a probation period to evaluate the validity of marriages of new immigrants. If the Ministry is convinced that it is a valid marriage, a mixed couple with children for example, the non-Jewish spouse receives Israeli citizenship automatically.

For example, a mixed marriage with a Jewish husband and a non-Jewish Russian wife who claim they were married in the former Soviet Union six years ago. He wants her to join him in Israel as an Oleh. The Ministry of Interior officials would ask for photos of the couple for the past six years, or for marriage certificates, or any other documents testifying to their relationship such as personal letters. With valid documents in hand, the Ministry would grant citizenship to the non-Jewish spouse automatically. However, if the couple is unable to provide valid documents or photos, and they do not seem to know each other, the Ministry requires a period of probation before granting Israeli citizenship. The non-Jewish spouse will not be required to provide personal identity documents because the contention is not about his/her non-Jewish status, but about the validity of the marriage.

The policy does not apply to couples where both spouses are Jewish simply because under the Law of Return both spouses would be able to immigrate to Israel as individuals.

        Residence Status and Probation Period

        The non-Jewish spouse of a mixed marriage under probation would receive a B-1 visa. This visa allows the person to work in Israel. Pregnant women would receive a special status that would allow them access to hospital and medical services. People who have a B-1 visa do not have access to free medical services. They have to pay for all their expenses.

Mixed Couples and False Documentation

        There are some instances where the non-Jewish spouse tries to immigrate to Israel with false documents which portrays him/her as a Jew. As long as the marriage is valid, nothing will happen to the non-Jewish spouse because he/she immigrated as the spouse of a Jew, a status covered by the Law of Return, and as such they will be full citizens of Israel. They are not penalized because they tried to use fraudulent documents.

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

Ministry of the Interior, Visa Department, Jerusalem. 25 May 1996. Interview.