Israeli Citizenship. Status. Legalization of a Cross-Border Marriage

Our office specializes in domestic proceedings. We can help register your marriage abroad, both with the participation of both spouses and with only one of you visiting (Paraguayan marriage), as well as provide any other assistance with the registration of marriages abroad.

At the same time, the documents concerning marriage consummation abroad will be recognized as valid by the Israeli Ministry of Internal Affairs (MIA or in Hebrew spelling Misrad HaPnim), and you can become a registered husband and wife. We can also help with the conclusion of civil marriages in Israel (teudat yaduim betzibur), conclusion of religious marriages between non-Jews, and conclusion of official marriages for non-religious persons.

1. Obtaining a status from the Israeli MIA and a residence permit for foreign nationals in case of family unification with an Israeli citizen
2. Multi-stage legalization procedure stages for a spouse who is a foreigner
3. Special considerations relating to an interview at the Israeli MIA
4. Lodging an appeal against deportation decisions made by the MIA

Multi-stage legalization procedure (MSLP) for marriage with a spouse who is a foreigner and family reunion

In this article, we will describe the “multi-stage procedure” for foreign spouses of Israeli citizens to obtain a legal status in Israel.  A similar procedure exists for couples maintaining a common-law marriage relationship. The fundamental difference is that a civil marriage precludes bringing in a foreigner’s children from his/her previous marriage or acquiring citizenship. A common-law spouse remains with the residence permit status.

An official status in Israel can be acquired through a regulated foreigner legalization procedure which is popularly called MSLP. 

The task faced by the spouses is to prove to the Israeli MIA by going through each stage of the process that the union of two people or the marriage is real, not fictitious. 

The most reliable way to bring in a spouse or a common-law husband/wife without fear of being deported upon the entry into the country is to begin the multi-stage procedure as early as before the entry. 

You can always contact a professional status acquisition attorney who will accompany you and your foreign chosen one from the beginning to the end of the MSLP process.

In any off-standard cases, for example, when the spouses have a large age difference, one of the spouses stayed illegally in the country or was deported or has a criminal record, there is a child from a previous marriage in the country of origin that the spouses wish to bring along into Israel, the presence of an attorney is key for the successful resolution of the case.

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MSLP stages:

1. Submitting an application for an entry permit for a spouse who is a foreigner after marriage conclusion abroad or for a common-law spouse who is a foreigner. 

If the husband/wife is a foreign national, it is necessary to open a Case at Misrad HaPnim and obtain a permit to enter Israel. If there are any children from a previous marriage entering together with a spouse, they should be included in the Case, too.

Remember! It is preferable not to enter with the tourist status and hope for changing the status in Israel. This may result in denial and deportation.

2. Submitting a status acquisition application to the MIA — Submitting an application for status acquisition and B-1 visa (“Bet-1” with the right to work in Israel)

For your convenience, below we provide a list of the necessary documents that a foreign citizen will have to bring from his/her original country to request the opening of the MSLP process:

• the foreign citizen’s passport valid for at least two years. If the passport expires sooner, it is necessary to have the passport re-issued before the visit to the MIA; failing that, the visit to the MIA will be futile, and you will have to wait for a new appointment;
• the foreigner’s birth certificate;
• the surname change certificate, if the surname was changed;
• the certificate of dissolution of the previous marriage, if any;
• the certificate of marriage with an Israeli citizen;
• the certificate of no criminal record:
  • Please note that the certificate is only valid for three months and should contain information for the last 10 years. 
  • In case of surname change, the certificate should contain data on the new and previous surnames.
• the certificate of marital status (a document on the absence of an act of civil status, issued by the civil registration office);
• If there are children:
  • the child’s birth certificate; 
  • the other parent’s permission for the child to leave, sojourn in Israel, and acquire the Israeli citizenship.

All documents should be apostilled and translated into Hebrew. 

Our law office can do fast and high-quality translation, as well as notarization of documents for the MIA.

Please note that what we have provided above is a minimum list of documents required for status opening, and the Israeli MIA officer may require any additional documents on a case-by-case basis.

Documents to be prepared and gathered in Israel:

• statements from three witnesses (friends or neighbors) who confirm the couple’s relationship and that they live together;
• statements from the spouses and their photographs;
• apartment lease contract in the Israeli citizen’s name;
• payment receipts for public utility services and municipal taxes;
• bank account statements;
• employment certificates, etc. 

It is difficult to provide any additional documents in the first year of marriage; therefore, it is seldom that they are required upon application. And for the first permanent residence visa, a completed questionnaire, basic documents, and an interview will suffice, but it is worth keeping in mind that during the multi-stage procedure, there will be more than one MIA appointment fixed, and every year the list of additional documents may increase.

3. Assistance of an attorney at the stage of collection of documents and preparation for an interview

Advice and assistance of an attorney during the collection of documents will allow your chosen one, in the shortest possible time, to go through the multi-stage procedure and avoid any accidental mistakes that families make out of ignorance.

4. An interview at Misrad HaPnim — special considerations

An interview at MIA is the most important step in the whole multi-stage procedure. 

Three months before the end of your current visa, you should schedule an interview date at the MIA and receive an invitation in advance. 

The interview is almost always conducted separately with each of the spouses, in his/her native language. If the MIA officer does not speak it, you will be provided with an interpreter.

The interview process will clarify the details about the spouses’ personal lives, habits, background information, and more and then the answers will be compared to identify inconsistencies. Every single little thing is important, and that’s where errors frequently occur. Finally, the participants will sign an interview protocol which should be checked before signing.

Then specially trained MIA officers will scrutinize everything and draw up their conclusion. 

If you come to the interview unprepared and there are many inconsistencies detected, the Misrad HaPnim officers may revoke your visa, stop the MSLP process, and initiate deportation.

Stress, nerves, or a rushed marriage can cause inaccuracies and mistakes during the interview process. Having your attorney present at the interview will support you and ensure that your rights are fully respected. The attorney will also thoroughly prepare you for the interview, conducting a test interview by way of preparation for the MIA interview. It will be used to go through frequently asked questions that couples are asked, as well as to practice identical answers to possible tricky questions.

After a successful first interview, a foreigner is issued a permit to stay in Israel, and subsequently a B-1 visa which will prescribe the conditions for the start of the foreigner’s employment.

5. Acquiring the status of an Israeli temporary resident

After several years of the multi-stage procedure, a certain number of MIA interviews, and a foreigner residing in Israel on a B-1 visa, the next step in the procedure is to obtain an A5 visa.

6. Yearly interviews over a span of 3 years and A5 visa extension

The one-year A5 visa entitles you to the medical insurance (after about six months), unemployment benefits, courses arranged by the Ministry of Labor, etc. It should be extended annually.

Interviews will be conducted annually and updated packages of documents will be submitted to the MIA to verify the validity of the marriage and the serious intentions of the spouses.

If you have successfully completed all the steps during the period of about 3 years, the foreign spouse will be granted the permanent resident status in Israel.

7. Obtaining the permanent resident status and residence permit in Israel 

That stage will be the final stage for a common-law couple and the last but one stage for a married couple.

8. Filing an Israeli citizenship application for a spouse and his/her children

For a married couple to gain access to the final MSLP stage, it is necessary that the center of the family’s vital interests be in Israel, with the foreigner and his/her children residing here on a permanent basis.

The MSLP duration and the period required to obtain a residence permit (RP) will be approximately 4 to 5 years for a married couple and about 7 years for a common-law relationship (yaduim batsibur).

The MIA’s denial is possible at any of the legalization stages for a foreign spouse or common-law spouse if they doubt the sincerity of the couple’s relationship. You should not be afraid of that because such MIA mistakes do happen, and any decision can be appealed against at a higher MIA instance or, as a last resort, at the court. 

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Lodging appeals and reversing deportation decisions

It is not uncommon to see point-blank refusals by the MIA to extend the MSLP, with the issuance of an entry ban or deportation decision and with cash deposit collection in case of late departure.

To reverse a deportation decision of the Israeli Ministry of Internal Affairs or to challenge a decision made that you disagree with, contact an experienced attorney specializing in the Israeli immigration law issues, family unification, and obtaining a residence permit and citizenship in the state of Israel.

The court’s decision depends, among other things, on the extent to which the appeal against the MIA’s unfair decision is legally correct and substantiated. The likely outcome is that the court will order the Israeli MIA to reconsider its decision or will reverse the Ministry’s decision or make another compromise decision.

Much depends on the factors underlying the judgment delivered, but the most important thing is the attorney’s experience and knowledge of court precedents in civil cases.

For advice on marriage registration and legalization, family unification or cohabitation, reversal of a deportation decision, or challenging an unfair decision made by the MIA officers, please fill out the feedback form on the website or call us at +972-52-639-2289 (for calls from Israel) or +7925-171-0755 (for calls from Russia).

Sincerely,

Anastasiya Fux, Attorney