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What can cause a refusal to obtain citizenship and what to do after obtaining it – says an experienced migration lawyer Irina Shapiro.
Israeli citizenship can be acquired through the Law of Return or through gradual legalization. If in the first case we are talking about the obligation of the state to grant citizenship to those who are entitled to it by law, then in the second case we can talk about the consent of the state to grant a residence permit in Israel under certain conditions established in the instructions of the Ministry of Internal Affairs and court decisions issued on topic.
As you understand, the state is not obliged to grant a residence permit and refusals of the Ministry of Internal Affairs are not something exceptional.
The most common cases of refusal in the Ministry of Internal Affairs
1)You married abroad and your spouse is eligible for Israeli citizenship through a staggered procedure, but the Interior Ministry objects to his entry into the country.
Denial of entry of foreign spouses from abroad can be successfully appealed to the Ministry of Internal Affairs itself, and in case of refusal, there is a right to appeal to the court. The filing of this complaint has a strict time frame: the deadlines are given in the text of the decision of the Ministry of Internal Affairs itself or in the relevant instructions. A delay of at least one day gives grounds for refusing to consider it. As with any rule, there are exceptions here too, but you should not bet on them.
2) The spouses are in a registered marriage or they live together and are not a officially married couple.< br />
The Ministry of Internal Affairs denied the status of a foreign spouse, canceled his visa and ordered him to leave the country.
There may be several reasons for the refusal: lack of documents or their incorrect execution, doubt of the official in the truth of your union, or non-compliance of your case with the requirements of the instructions of the Ministry of Internal Affairs. In any case, the Ministry of Internal Affairs is obliged to substantiate its position in writing and give you a decision in your hands. Do not agree with the Ministry of Internal Affairs? Appeal within the time limits specified in the decision.
3) Termination of the step procedure due to divorce or death of the Israeli spouse.
Termination of cohabitation spouses for any reason entails the termination of the stepwise procedure, the cancellation of the residence permit of the spouse of the foreigner and his departure from Israel.
What to do? Fight for a residence permit on humanitarian grounds. There is no law or instruction that clearly defines what a humanitarian ground is. Therefore, each such request is considered individually. Got rejected again? The decision of the Ministry of Internal Affairs is not final! You have the right to go to court and appeal this decision.
4) Your parent is not Jewish and you cannot obtain Israeli residence permit for him.
The Ministry of Internal Affairs has strict criteria for granting status. Those who meet these criteria generally do not face any problems.
If your case does not meet the MIA criteria, do not even attempt to apply for single aged parent status using the instructions provided. The request from the very beginning must be submitted exclusively on humanitarian grounds! The refusal can be appealed within the Ministry of Internal Affairs itself, and in case of failure, an appeal is filed with the court.
The most common cases of refusal to obtain Israeli citizenship
According to the law, the following persons have the right to obtain citizenship: Jews, children and grandchildren of Jews, members of their families. However, in these cases, the Ministry of Internal Affairs may refuse to obtain citizenship. There may be several reasons for refusal:
– The repatriate's statement about belonging to any other religion, except Judaism.
– The presence of a criminal record or open criminal cases in the country of origin.
– Absence or the lack of documents confirming Jewishness.
Is the refusal of the Ministry of Internal Affairs in all these situations final? No!
The refusal of the Ministry of Internal Affairs can be appealed in court.
According to the general rule of the Ministry of Internal Affairs, a denial of citizenship or status obliges the applicant to leave the country in a short time (from 2 weeks to a month).
It must be understood that being in Israel without a visa is a violation of the law, which provides for arrest and subsequent deportation with a ban on entry for up to 10 years. Timely contacting a lawyer and filing an appeal can prevent the deportation of a foreigner's spouse and lead to the cancellation of the illegal decision of the Ministry of Internal Affairs.
Therefore, it is important to act quickly!
Irina Shapiro Law Office & Partners"
Tel Aviv, Igia Kapaim, 2, office 228
Ashdod, David a-Meleh, 18 (Center " Yud-Gimmel”, office 57
Official website: www.irinashapiro.co.il
Facebook page www.facebook.com/Irina.Shapiro.Advocate
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