Have you been denied citizenship or status? It's not over yet!

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 Denied citizenship or status? This is not the end!

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 have the right 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 subject.
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 got 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, but you should not bet on them.
2) The spouses are in a registered marriage or they live together and are not officially married. The Ministry of Internal Affairs refused the status of a foreign spouse, annulled his visa and ordered him to leave the country.
There may be several reasons for the refusal: lack of documents or their incorrect execution, an official's doubt about 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? File an appeal within the time limits specified in the decision.
3) Termination of the stepwise procedure due to divorce or death of the Israeli spouse.
Termination of the joint residence of the spouses for any reason entails the termination of the stepwise procedure, the cancellation of the residence permit spouse of a 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 a residence permit for him in Israel.
The Ministry of Internal Affairs has strict criteria for granting status. Those who meet these criteria usually do not face any problems.
If your case does not meet the criteria of the MIA, do not even try to apply for the status of a single aged parent according to 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, the appeal is filed with the court.
The most common cases of refusal to obtain Israeli citizenship
According to the law, the right to obtain citizenship is: 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 returnee'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 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, 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 staying in Israel without a visa is a violation of the law, which provides for arrest and subsequent deportation with a ban 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 & Partners Law Office
Phone: 03-5609282
< strong>Office addresses: Tel Aviv, Igia Kapaim, 2, office 228 Ashdod, David a-Melech, 18 (Center "Yud-Gimmel"), office 57
Official website: www.irinashapiro.co.il
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