Israel: Citizenship Law
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 6 March 2008 |
| Citation / Document Symbol | ISR102749.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Israel: Citizenship Law, 6 March 2008, ISR102749.E, available at: https://www.refworld.org/docid/4804c0ddc.html [accessed 31 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Citizenship is regulated by the Ministry of the Interior (Israel 17 Apr. 2001). Laws governing citizenship status and entry and exit include the Law of Return 5710-1950, the Entry to Israel Law 5712-1952, and the Citizenship Law 5712-1952 (ibid.), also referred to as the Nationality Law, 5712-1952 (Israel 1 Apr. 1952).
The Law of Return 5710-1950 confers the "right of aliyah" stating that "every Jew has the right to come to this country as an oleh" (Israel 5 July 1950, 1). The law defines oleh as "a Jew immigrating, into Israel" and aliyah as the "immigration of Jews" into Israel (ibid., Translator's Note). Amendment No. 2, 5730-1970, added in 1970, defines a Jew as "a person who was born of a Jewish mother or has become converted to Judaism and who is not a member of another religion" (ibid., 4B).
The 1970 amendment also extends the right of return to the spouse of a Jew and to the child and grandchild of a Jew as well as their spouses, unless a voluntary change of religion has occurred (ibid., 4A; UN 9 Apr. 1998, Para. 47). Provisions are included to exclude persons likely to pose a danger to public welfare and state security (ibid; Israel 5 July 1950, 2 (b)). An oleh obtains Israeli citizenship upon arrival in Israel (Israel 1 Apr. 1952; ibid. 4 Aug. 1998; US Mar. 2001).
In addition to the Law of Return 5710-1950, there are three other means of acquiring citizenship: birth, residence and naturalization (Israel 4 Aug. 1998; ibid. 1 Apr. 1952, 1). An individual born to an Israeli citizen has Israeli citizenship regardless of whether or not he or she was born in the state of Israel (ibid., 4; US Mar. 2001). Citizenship may also be granted by right of residence to Palestinian citizens of the former British Mandatory Palestine, who chose to remain in Israel between 1948 when the state of Israel was established, and the enactment of the Citizenship Law 5712-1952 in 1952 (Israel 4 Aug. 1998), provided that they were registered inhabitants on 1 March 1952 and were living in or present in Israel or future Israeli territory upon entry into force of the law (Israel 1 Apr. 1952). An amendment in 1980 facilitated further means of acquiring citizenship by right of residence, extending citizenship to Arab descendants of former Palestinian citizens who did not remain in Israel during this four-year period but who returned subsequent to Israel statehood, and who had previously been entitled only to permanent resident status (UN 9 Apr. 1998, Para. 49). Citizenship by naturalization is subject to the discretion of the Minister of the Interior and applicants must meet specific residency requirements and renounce their former nationality (Israel 1 Apr. 1952, 5; US Mar. 2001).
The Interior Minister may also grant citizenship to a resident if convinced that the individual "identifies with the State of Israel and its goals" and that the said individual or a family member "performed a meaningful act" relevant to an important matter of state, or if the granting of citizenship would be of "special interest" to Israel (Israel 27 July 2005, 3C). Israeli citizens are permitted to hold dual citizenship; however, people who obtain Israeli citizenship though naturalization must give up their previous citizenship (Israel 1 Apr. 1952, 14; US Mar. 2001).
Any Israeli citizen "of full age" not residing in Israel has the right to renounce his or her citizenship with the consent of the Minister of the Interior (Israel 1 Apr. 1952, 10). Naturalized citizens may have their citizenship revoked by the Minister of the Interior for providing false information, acts of disloyalty or for being absent from Israel for several years and being unable to provide proof that ties with the country were not severed by choice (ibid., 11).
Non-Jewish residents of East Jerusalem were offered the opportunity to apply for Israeli citizenship following the Six-Day War of June 1967, and the subsequent passage of the Administration Ordinance (Amendment No. 11) Law, 1967 providing for the extension of Israeli jurisdiction and administration over East Jerusalem (Israel 30 June 1998). The Israel Ministry of Foreign Affairs website states that nationality is not "imposed" and that only "a small number of residents" have applied for it since 1967 (ibid.). A 7 November 2007 news article corroborates this, reporting that of some 250,000 Palestinian residents of East Jerusalem, only 12,000 had sought Israeli citizenship since 1967 (Ynetnews 7 Nov. 2007; see also Haaretz 7 Nov. 2007). However, recent reports indicate that the number of applications for Israeli citizenship has surged among Arab residents of Jerusalem (Haaretz 7 Nov. 2007; McClatchy 19 Jan. 2008).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Haaretz [Tel Aviv]. 7 November 2007. "Israel Reports Jump in Jerusalem Arabs Seeking Israeli Citizenship."
Israel. 27 July 2005. The Nationality and Entry Into Israel Law (Temporary Order) (Amendment) 2005.
_____. 17 April 2001. Ministry of Foreign Affairs. "Ministry of the Interior."
_____. 4 August 1998. Ministry of Foreign Affairs. "Acquisition of Israeli Nationality."
_____. 30 June 1998. Ministry of Foreign Affairs. Ruth Lapidoth. "Jerusalem: The Legal and Political Background."
_____. 1 April 1952. Ministry of the Interior. Nationality Law 5712-1952.
_____. 5 July 1950. Ministry of Foreign Affairs. Law of Return 5710-1950.
McClatchy Washington Bureau. 19 January 2008. Dion Nissenbaum. "More Jerusalem Arabs Seek Israeli Citizenship."
United Nations (UN). 9 April 1998. Human Rights Committee. "Consideration of Reports Submitted by States Parties under Article 40 of the Covenant." Initial Report of States Parties Due in 1993: Israel. (CCPR/C/81/Add.13)
United States (US). March 2001. Office of Personnel Management. Investigations Service. "Israel." Citizenship Laws of the World.
Ynetnews. 7 November 2007. Ronny Shaked. "Thousands of Palestinians Apply for Israeli Citizenship."
Additional Sources Consulted
Oral Sources: The Embassy of Israel in Ottawa did not respond to requests for information within the time constraints of this Response.
Internet Sources: British Broadcasting Corporation (BBC), United Nations Office at Geneva (UNOG).
