Acquisition of citizenship
Law of Return
The Law of Return grants all Jews the right to immigrate to Israel and almost automatic Israeli citizenship upon arrival in Israel. In the 1970s the Law of Return was expanded to grant the same rights to the spouse of a Jew, the children of a Jew and their spouses, and the grandchildren of a Jew and their spouses, provided that the Jew did not practice a religion other than Judaism willingly. In 1999, the Supreme Court of Israel ruled that Jews or the descendants of Jews that actively practice a religion other than Judaism are not entitled to immigrate to Israel as they would no longer be considered Jews under the Law of Return, irrespective of their status under halacha (Jewish religious law). On April 16, 2008, the Supreme Court ruled in a case brought by a number of people with Jewish fathers and grandfathers whose applications for citizenship had been rejected on the grounds that they were Jewish Messianics. The argument was made by the applicants that they had never been Jews according to halakha, and were not therefore excluded by the conversion clause. This argument was upheld in the ruling, and the government agreed to reprocess their applications.
Israeli law distinguishes between the Law of Return, which allows for Jews and their descendants to immigrate to Israel, and Israel's nationality law, which formally grants Israeli citizenship. In other words, the Law of Return does not itself determine Israeli citizenship; it merely allows for Jews and their eligible descendants to permanently live in Israel. Israel does, however, grant citizenship to those who immigrated under the Law of Return if the applicant so desires.
A non-Israeli Jew or an eligible descendant of a non-Israeli 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. Eligible applicants under the Law of Return have no claim to any of the rights or privileges of an Israeli citizen until they are formally granted Israeli citizenship. This is possible after three months of residency in Israel. New arrivals are issued an Israeli Travel Document during this period, after which they are granted citizenship.
Citizenship by residence
Citizenship by residence was intended for non-Jewish denizens of the British Mandate of Palestine (Arabs, Druze, Bedouins, etc.) who were 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 Israeli citizenship. For purposes regarding modern Israeli citizenship, this section is usually irrelevant.
Citizenship by descent
A child of an Israeli citizen (including children born outside of Israel as first generation out of Israel) is considered an Israeli citizen. Persons born outside Israel are Israeli citizens if their father or mother holds Israeli citizenship, acquired either by birth in Israel, according to the Law of Return, by residence, or by naturalization.[2]
Citizenship by descent, on the principle of jus sanguinis, is limited to only one generation born abroad. Despite this limitation, descendants of an Israeli national born abroad may be eligible to Israeli citizenship through other methods, such as the Law of Return.
Naturalization
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. The Citizenship and Entry into Israel Law of 2003 suspended this practice in the case of citizens of a number of countries, which some have termed "enemy nationals". In January 2012, the Supreme Court of Israel upheld the validity of the law.[3]
Citizenship by marriage
Israel traditionally automatically granted citizenship to spouses of Jewish Israeli citizens by virtue of the Law of Return. However, this practice was suspended in 1999 due to immigration concerns if the Jewish spouse had done Aliyah previous to the marriage or is an Israeli citizen by birth.