Immigration and naturalization in Israel represents a complex issue that affects many lives. In this article, we will review the main principles of Israel's Entry Law and explain how it affects foreign nationals seeking to enter or reside in Israel. Our firm, Frankel Amsalem Law Offices, specializes in guiding clients through these procedures and is available to assist with any questions.
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What is the Entry Law of Israel?
The Entry into Israel Law, 1952, serves as the primary legal framework regulating the entry and residence of foreign nationals in the State of Israel. This law, enacted in the early days of the state, has undergone various adaptations over the years and is also influenced by temporary provisions, based on a fundamental principle: anyone who is not an Israeli citizen must obtain a visa or residence permit to enter and stay in the country.
This principle reflects the sovereign right of the state to determine who may enter its territory and under what grounds the state may revoke entry or residence rights.
Types of Visas and Residence Permits
The law defines several types of visas and permits, each with unique conditions and characteristics:
1. Work Visa (B/1)
Permits residence with the possibility of working in Israel
Typically issued to spouses of Israeli citizens or those coming to Israel for short-term work matters
Valid for one year
2. Transit Visa
Very short-term residence visa
Intended for those seeking to pass through Israel to another country
Granted under special circumstances and subject to Population Authority discretion
Valid for 5 days
3. Visitor Visa (B/2)
Issued to tourists and temporary visitors to Israel
Intended for tourists and short-term visitors
Valid for three months (can be extended up to two years under special circumstances)
4. Temporary Resident Visa (A/5)
Primarily intended for people staying in Israel for extended periods such as students and foreign workers
Valid for up to three years, must be renewed every 3 years
Intended for long-term residents such as students and foreign workers
Can be extended subject to meeting conditions
5. Permanent Residence Permit
Grants the right to permanent residence in Israel and social rights
Provides extensive social benefits
Can be revoked under certain circumstances
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Enforcement and Deportation Procedures
The law also regulates state authorities' enforcement powers:
Border Control
Authority to check travel documents
Ability to delay entry for clarification
Authority to prevent entry
Deportation and Detention
Conditions for issuing deportation orders
Detention procedures
Rights of detainees
Options for release on bail
Authority and Supervision
The Minister of Interior holds extensive powers in managing Israel's entry policy, including:
Granting entry visas, stay permits, and residence permits
Setting conditions for entry and residence
Authority to deport those not permitted to stay in Israel
Establishing procedures and criteria
Citizenship and Entry into Israel Law (Temporary Order)
The Temporary Order in the Citizenship and Entry into Israel Law, first enacted in 2003, provides a legal framework limiting the ability to grant Israeli status to residents of the Area (Judea, Samaria, and Gaza) and countries defined as risk states. The law establishes significant age restrictions for permit issuance - men can receive residence permits only above age 35, and women above age 25. For children, the law allows residence permits only up to age 14. However, the law recognizes exceptional cases and allows permits for special humanitarian cases, specific work needs, and urgent medical cases. It's important to note that even when basic conditions are met, no permit or license will be granted if there is a security concern regarding the applicant or their family members. The Temporary Order is extended periodically by the government, with each extension limited to a period not exceeding one year.
Special Cases and Legal Precedents
The development of Israel's Entry Law is fascinatingly reflected through a series of legal precedents and special cases that have shaped its implementation and understanding over the years.
A central milestone was established in the 1970s with the "Lansky Case." In this ruling, the High Court of Justice established a fundamental principle that resonates to this day: the state may prevent a person's entry into its territory even without a criminal conviction if there is a substantial concern for public safety. This principle laid the foundations for the delicate balance between the right of entry to Israel and the public interest.
Recent decades have brought new challenges requiring complex legal responses. For example, in 1989, the issue of freedom of religion and conscience arose when entry was denied to the founder of the "Iman" movement. This case exposed the tension between the Minister's authority to prevent entry without explanation and fundamental democratic rights.
In the modern era, the challenges have expanded to new arenas. The prevention of Professor Finkelstein's entry in 2008, and later the Lara Al-Qasem case in 2018, raised complex questions about the relationship between freedom of expression and state security, especially in the context of the BDS movement.
This development reached a legislative peak with two significant amendments: one in 2017, prohibiting entry to supporters of boycotts, and another in 2023, allowing the revocation of residency from those involved in terrorism. These amendments reflect the law's ongoing challenge: maintaining state security and values while respecting democratic principles and human rights.
Summary
The Entry into Israel Law represents a complex framework requiring deep understanding and attention to detail. At Frankel Amsalem Law Offices, we specialize in providing comprehensive and professional responses to all matters related to immigration, repatriation, and conversion procedures. We are happy to assist you with any questions or challenges.
Links:
Full text of the Entry into Israel Law [Original Hebrew version]
Having difficulties with immigration authorities? Contact our Immigration Department, headed by Adv. David Amsalem, for professional assistance.