Israeli citizenship law

Israel has special rules about who can become a citizen. The main rules come from two important laws: the 1950 Law of Return and the 1952 Citizenship Law. For anyone who is Jewish, coming to live in Israel is very easy, and they can become citizens right away. This means that every Jew has the unrestricted right to immigrate to Israel and become an Israeli citizen.

If a baby is born in Israel and at least one parent is already a citizen, that baby is also a citizen. For people who are not Jewish and want to become citizens, they usually need to live in Israel for at least three years, have permanent residency, and show that they can speak the Hebrew language. They also have to give up their old country's citizenship, which is different from the rule for Jewish people moving to Israel.

Before Israel became a country, the area was controlled by the British Empire as part of a special agreement called a League of Nations mandate. When that agreement ended in 1948 and conflicts happened, it made citizenship confusing for many people who were not Jewish and living in the area. Some Arab people who lived in Palestine before 1948 and stayed in Israel became citizens in 1980, but many people living in places like the West Bank and Gaza Strip still do not have clear citizenship today.

Terminology

The words "citizenship" and "nationality" can mean different things in different countries. Generally, nationality means that a person legally belongs to a country, while citizenship means the rights and responsibilities a person has in that country.

In Israel, nationality is not about where a person comes from, but is more general. It includes anyone who practices Judaism and their descendants. The Jewish nationality makes up the main group of Israel's citizens. The Supreme Court of Israel has decided that there is no special "Israeli nationality." Since 2018, laws have described Israel as the nation state of the Jewish people.

History

National status under British mandate

See also: History of Palestinian nationality and Mandatory Palestine

The region of Palestine was taken over by the Ottoman Empire in 1516. For four centuries, it was ruled by the Ottomans until Britain took control in 1917 during the First World War. During this time, the area was part of the Ottoman Empire, but after the war, Britain took over and began issuing certificates of Palestinian nationality.

The Treaty of Lausanne set up separate nationalities for Mandatory Palestine and other areas taken from the Ottoman Empire. In 1925, Palestinian citizenship began, and people living there at that time became citizens. Foreigners could become citizens after living there for a certain time and meeting other requirements.

Post-1948 transition

For the first four years after Israel was created, there were no laws about citizenship. In 1950, the Law of Return was made, giving every Jew the right to move to and live in Israel. The 1952 Citizenship Law explained who could become an Israeli citizen.

Status of Palestinian Arabs

See also: Arab citizens of Israel and 1948 Palestinian expulsion and flight

After the 1948 Arab-Israeli War, Israel took control of most of the land that was supposed to be a home for Arabs. Many Arabs had to leave, and Israel did not let them return. Those who stayed had to meet strict rules to become citizens, and many were not allowed to.

Annexed territories

Israel took control of East Jerusalem in 1967 and made it part of Israel, but people living there did not automatically become citizens. They could apply to become citizens, but few did. The Golan Heights was also taken by Israel in 1981, and people there could apply to become citizens, but most kept their previous nationality.

Qualification under right of return

Main article: Law of Return

Apostate and irreligious Jews

See also: Apostasy in Judaism

The Law of Return gave every Jew the right to move to Israel, but it did not clearly say who was a Jew. In 1970, the law was changed to say a Jew is someone born to a Jewish mother or someone who converted to Judaism and did not follow another religion. This also included children, grandchildren, and spouses of Jews.

Recognition of non-Orthodox Jews and exceptional cases

The law did not clearly say what "conversion" meant, leading to debates. In 2021, people who converted to Conservative or Reform Judaism could become citizens. Ethiopians known as Beta Israel were recognized as Jews in 1973 and allowed to move to Israel. Some, called Falash Mura, had to convert to Judaism before becoming citizens.

The Samaritans, who have their own religion close to Judaism, were given the right to become citizens in 1949 but faced changes in policy over the years.

Acquisition and loss of citizenship

Individuals born in Israel receive citizenship if at least one parent is a citizen. Children born outside Israel can become citizens if one parent is a citizen, but only for the first generation born abroad. Those born abroad in the second generation may apply for citizenship if they meet certain conditions.

Any Jew who moves to Israel under the Law of Return automatically becomes a citizen. This includes Jews, their children, grandchildren, and their spouses. Foreigners can also become citizens after living in Israel for a few years, learning Hebrew, and meeting other requirements. Israel allows dual citizenship for those who move there under the Law of Return but requires others to give up their old citizenship when they become Israeli citizens.

Citizenship can be given up voluntarily under certain conditions. It can also be taken away from people who got it by lying or who do actions that show they are not loyal to Israel.

Non-Jewish spouses of Jewish citizens can become citizens after living in Israel for a certain time. However, there are special rules for spouses from certain areas, which can make it harder for them to get citizenship. These rules have been debated because they affect people differently based on their ethnic background.

Honorary citizenship

Some people who helped Jews during a very difficult time called the Holocaust can be known as Righteous Among the Nations. These special people may also become honorary citizens of Israel. This means they have all the same rights and privileges as other Israeli citizens. About 130 of these helpful people have moved to Israel, where they can live permanently and receive a special pension from the government.