Immigration to Israel in 2024 - Trends and Updates

In this article, Joshua Pex, Israeli immigration lawyer and the founder of Decker, Pex, Levi - one of the leading law firms in the field of immigration and acquisition of legal status in Israel, will answer questions regarding immigration and relocation to Israel.

"As the war started, in addition to returning Israeli and new Olim, our office received hundreds of inquiries from non-Jewish foreign citizens," says advocate Pex.

Though the shadow of war lingers over Israel in 2024, with hostages still in captivity and a de facto war raging on the Gaza as well as the north, life goes on - people come to the Holy Land, Israelis travel abroad, and the immigration authorities of the State of Israel face extraordinary challenges.

Joshua Pex, Israeli immigration lawyer and the founder of Decker, Pex, Levi, an immigration law firm, with offices in Tel Aviv and Jerusalem, that also assists clients in the process of obtaining European passports and USA immigration, explains what has changed in 2024, and answers questions about the state of immigration to Israel during the war.

Does the war that broke out on October 7th affect immigration to Israel?
"Yes, of course, but maybe not in the way you might think. On the one hand, more people are contacting us to get an Austrian or German passport, or another European passport, 'just in case'. But on the other hand, there is sharp rise in the number of Aliyah requests and the number of volunteers from abroad coming to Israel. In addition, applications for family reunification in Israel – legal status for spouses of foreign citizens as well as their children - still continue as usual, because the war is no match for love."

You mean to say more people want to come to Israel during the war?
"Precisely. We have all heard about the Israelis who urgently returned to Israel in the first days after the outbreak of the war, without the help of the state, to the extent that private companies and businessmen had to purchase hundreds of plane tickets.

They are not the only ones. The Ministry of the Interior noted a sharp rise in the number of applications for Aliyah since the beginning of the war, due to the increased in overt global anti-Semitism and a sense of shared purpose between Diaspora Jews and Israelis."

"In addition to returning Israelis and new immigrants, our office has received hundreds of applications from foreign citizens, including non-Jews, who wish to enlist in the IDF. This is not possible for those who are not entitled to make Aliyah, but we refer them to other avenues for volunteering and donations."

Do you feel that the Ministry of the Interior does not do enough to assist immigrants, in view of the increase in applications?
"The Jewish Agency and the Population and Immigration Authority are supposed to help applicants who are entitled to make Aliyah, but there are also plenty of delays, with urgent applications taking far too long. Forget about the Israeli reservists forced to flight back at their own expense - the State of Israel makes even Aliyah and obtaining status for foreign spouses exceptionally difficult, precisely during the time when many families want to immigrate to Israel or reunite there with their family.

"The recent update of immigration procedures from March 2024, requires that potential new immigrants based on the Law of Return, present additional documents to prove their intention to settle in Israel and sever ties with their country of origin, establishes new fees, but most importantly - prevents the possibility of split Aliyah."

What exactly is a "split Aliyah"?
"The majority of immigration to Israel is by Aliyah according to the Law of Return – the immigration of Jews, children and grandchildren of Jews, as well as their spouses and their minor children. Split immigration allowed the spouses to immigrate to Israel while the spouse who is actually eligible to make Aliyah remains in the country of origin and join later.

In recent years, many Ukrainians used this right - the husband was obligated to stay behind to fight, while the wife and children immigrated to Israel. A more commonplace example involves a Jewish-American businessman who sends his family to Israel while he manages his US business or ties up loose ends before leaving it."

"As of this moment, and until the court decides otherwise, spouses of those entitled to make Aliyah cannot come to Israel on their own. It is not clear whether the change is a result of the war in Ukraine - during which many women and children arrived in Israel without the father of the family, who was prevented from leaving Ukraine due to military conscription, or is it a general policy of the Ministry of the Interior, which has always made it difficult to grant status to spouses who are not eligible for Aliyah, whether of spouses of Olim or Israelis."

Why is it difficult to bring foreign spouses to Israel?
"There is no civil marriage in Israel - only members of the same religion can get married, by the recognized religious institution, whether Jewish, Muslim or Christian. So, for example, a Jew who marries a foreign Jewish woman will not encounter any problems in terms of organizing the marriage in Israel, because she can simply undergo Aliyah to gain legal status."

"On the other hand, spouses who are of different religious denominations cannot get married within Israel, only abroad. They will then have to start the "graduated procedure" for the foreign spouse to receive legal status in Israel. About 5,000 couples a year go through the long process of inviting their partner to join them in Israel. This is a procedure that can take between 5 and 9 years, from the moment of the invitation is approved."

How long does the gradual process to Israeli citizenship usually take?
"Depends on the status of the Israeli (citizen vs. resident) and on whether the couple is married or not. For residents who aren't married to their partners – common law spouses or "Yeduim BaTzibur" in Hebrew - the procedure takes 9 years. For the married spouse of an Israeli citizen, the process takes 5 years. The matter gets complicated if the Ministry of the Interior suspects that the relationship is only for the purposes of obtaining citizenship in Israel, and does not cooperate in granting status to the foreign spouse. Other issues involve mistrust in a marriage or conversion certificate. In recent times, Jewish-American couples who converted or were married in a reform ceremony often feel as though their applications are denied more often and face harsher scrutiny."

Can an immigration attorney genuinely help deal with the Ministry of Interior?
"The lawyers in our office assist both in the Aliyah process and in obtaining Israeli citizenship for foreign spouses, but we naturally have more clients who have difficulty obtaining status for spouses. Immigrants who are entitled to make Aliyah may encounter difficulties in proving eligibility (Jewish origin), suspicion of danger to the Israeli public (usually, a criminal record) or applying for split Aliyah.

On the other hand, foreign spouses encounter many more problems, including with proving the sincerity of the relationship, presenting legal documents, making sure they reside in (have a "center of life") in Israel, or regarding prior problems with the immigration authority. The gist of it is that a spouse's status is easily granted or denied based on the cooperation or reluctance of MoI officials. An experienced attorney can accelerate a process that would take years and years without professional aid, and help overcome a stringent refusal."

Are foreign spouses allowed to bring their children to Israel?
"Children from a previous relationship of the foreign spouse must, on the one hand, come to Israel as minors, because they cannot obtain legal status separately from their parents, after reaching the age of 18. On the other hand, it is important to show that they did not simply come into the spouse's custody to obtain Israeli citizenship and that the other parent agrees to their immigration to Israel.

"Stopping the legal status procedure in the middle will usually require that the foreign spouse leave Israel. However, if the process was stopped due to a force majeure, such as the death of the Israeli spouse or due to domestic abuse, there remains a chance to obtain status in Israel. This depends on the decision of the humanitarian committee, which examines the period of time spent in Israel, custody of Israeli children, ties to Israel compared to the spouse's country of origin and other relevant reasons for grating humanitarian status in Israel."

What do you recommend to couples who want to go through the procedure successfully?
"Persistence, patience, determination and punctuality. Many couples separate in the middle of a procedure that they could have succeeded in, due to the pressure and the requirement to stay in Israel. On the other hand, many cause themselves problems in relation to the officials handling their case at the Ministry of the Interior. If they do not submit the documents accurately, they do not know each other sufficiently to answer questions in interviews, and treat the officials as enemies; it is understandable that they encounter hostility and suspicion from the Ministry of Interior workers. It is important to maintain politeness and courtesy, but also to know your rights and stand up for yourself firmly if there is no choice."

To what extent is the assistance of a lawyer required in the process of regularization of status in Israel?
"It is always worth consulting with a lawyer even before inviting a foreign spouse to Israel, or before submitting the documents to open a family reunification or cohabitation case. The help of an immigration expert lawyer in submitting the required documents, notarized translation, obtaining an apostille, will cost much less than appeal procedures and applying to the court after the request is rejected."

If you have questions regarding Aliyah to Israel, legal status for a foreign spouse, or family member in Israel, visas to Israel, refused entrance, or any issue with the Israeli immigration officials, do not hesitate to contact advocate Joshua Pex, who will be glad to be of legal assistance.

Joshua Pex
Phone: 03-3724722 | 02-3810013
Website >>

in collaboration with Decker, Pex, Levi