Waiver of Citizenship by Virtue of Return

2.Citizenship by Virtue of Settling in Israel
3.Citizenship by Birth
4.Citizenship by Virtue of Birth and Residence in Israeli
5.Citizenship by Virtue of Adoption

Naturalization :
6.Naturalization by Marriage
7.Naturalization of Minors
8.Naturalization by way of Grant
9. Loss of Citizenship

B.  The Rights and Obligations of an Israeli Citizen

1. The Right to Vote for the Knesset
2. The Obligation of Recruitment to the Israel Defense Forces
3. Returning Citizen :

Period of Entitlement:
Types of Assistance Granted to Returning Citizens :
Customs and Importing

 
C.  Israeli Residents

1. Definition of Israeli Resident
2. Registration of Details of Residents – the Population Registry Law
3. Right to Information
4.  National Insurance

 
D. Other Relevant Web Sites

A. Citizenship1]

1.Citizenship by way of “Return” – Section 2 of the Citizenship Law

The Right of Return – What is it and Who has it?

Under the Law of Return, every Jew is entitled to immigrate to Israel (section 1 of the Law of Return).

A “Jew” is defined by the Law of Return as a person who:

(1)was born to a Jewish mother;

(2)has converted and is not a member of any other religion; (section 4B of the Law of Return)

The Right of Return is also granted to the following relatives of Jews:

(1)the child and grandchild of a Jew;

(2)the spouse of a Jew;  and

(3)the spouse of a Jewish child and of a Jewish grandchild. (section 4A of the Law of Return)

Return of Non-Jews:  A person who is not Jewish, but who fits into the above categories has the right of return and citizenship, and there is no requirement that the Jewish relatives of that person immigrate to Israel before him or her.  However, the above rights will not be granted to a person who was once Jewish and who converted voluntarily to another religion.  Similarly, the Minister of the Interior may cancel the immigrant visa and certificate of a person who gave “false information” in the context of receiving such papers (section 11(e) of the Entry into Israel Law, 5712-1952).

Receipt of Immigrant’s Visa:  It is sufficient for a person entitled to return to express a will to settle down in Israel in order to receive an immigrant’s visa (section 2(a) of the Law of Return).  The details to be set out in the application for an immigrant’s visa are set out in the Return Regulations, 5716-1956.  A person living overseas may file such application with the diplomatic or consular representation in the place in which he lives, and a person living in Israel may file it with the Ministry of the Interior.

Refusal to Grant Immigrant’s Visa:  The Minister of the Interior has the authority to refuse to grant an immigrant’s visa to any person who might endanger the security of the State or the public health, or to any person with a criminal past which might endanger the public welfare, or to any person who has acted against the Jewish people.  However, a person who falls sick after arriving in Israel will not be prevented from receiving an immigrant’s certificate (section 2(b) of the Law of Return).

Citizenship by Virtue of Return

Under the Citizenship Law, citizenship is granted by virtue of return as follows:

(1) to a person who immigrated to Israel or who was born in Israel prior to the foundation of the State – as of the date of establishment of the State (other than a person who ceased to be a citizen prior to the coming into force of the Law);

(2) to a person who immigrated to Israel following the foundation of the State – as of the date of immigration;

(3) to a person born in Israel following the foundation of the State – as of the date of birth (unless the birth itself granted that person citizenship as set out below see number 3 : Citizenship by Birth);  and

(4) to a person in receipt of an immigrant’s certificate by virtue of the Law of Return – as of the date of grant of the certificate.

The Minister of the Interior also has the power to grant citizenship to persons who have not yet immigrated to Israel, but who have received or who are entitled to receive an immigrant’s visa (section 2(e) of the Citizenship Law).  Thus, for instance, citizenship may be granted to persons who cannot reach Israel.

The right to citizenship by virtue of Return will not be granted to a person born in Israel if neither of the parents of that person were registered on the Population Register at the time of the birth, nor to a person born in Israel to a diplomatic or consular representative of a foreign country, unless that representative is an honorary consul.

Waiver of Citizenship by Virtue of Return

A Foreign citizen who immigrates to Israel by virtue of the Law of Return but who does not wish to receive Israeli citizenship may waive such citizenship, but must perform an act in order to do so, and must give a written declaration to the Ministry of the Interior within three months of immigration / receipt of immigrant certificate, subject to such person’s still being a foreign citizen on such date.  Where no such waiver declaration is made, the immigrant remains a citizen for all intents and purposes.  A waiver of immigration may be revocable – see paragraph 1.6.3 below.

The parents of minors may give a declaration of waiver for them, and in this regard, the declaration of one of the parents with the consent of the other, or the declaration of one parent entitled to sole custody of the child shall be sufficient.  Cancellation of the waiver declaration given in respect of a minor may be effected by such child upon reaching the age of 18, and prior to the age of 22, or up to one year following the end of the child’s army service, whichever is the later.

2. Citizenship by Virtue of Settling in Israel – Sections 3 and 3A of the Citizenship Law

The grant of citizenship to permanent residents of Israel who are not Jews is set out in sections 3 and 3A of the Citizenship Law.

Section 3 provides that a person who was a Palestinian subject immediately prior to the establishment of the State and who was not an Israeli citizen under section 2 of the Law shall be an Israeli citizen as of the date of establishment of the State if: (1) he was registered in the Residents Register on 1 March 1952; (2) he was a resident of Israel on the date of entry into force of the Citizenship Law;  and (3) he was in Israel from the date of establishment of the State until the coming into force of the Citizenship Law (case law has interpreted this section as relating to uninterrupted residence in Israel during such period).  A person born following the establishment of the State who was a resident of Israel on the date of the coming into force of the Law and whose parents match the above criteria will also be a citizen.

Section 3A expands on section 3, adding a provision enabling the grant of citizenship to a person who was a resident of Israel and who was registered in the Population Register on the date of amendment of the Law (1980).  Thus there is no need to prove residence in Israel on the date of entry of the Law into force as set out in the original section 3 (see above).  Section 3A provides that a person who receives citizenship under that section shall not be a citizen of any of the countries mentioned in the Prevention of Infiltration Law, 5714-1954 – i.e. Syria, Lebanon, Egypt, Jordan, Saudi Arabia, Iraq and Yemen.

3. Citizenship by Birth – Section 4 of the Law

A person born in Israel to parents one of whom is Israeli shall be an Israeli citizen.

A person born overseas to parents one of whom is Israel shall be an Israeli citizen, only if one of the parents of the child is a citizen by virtue of:

(1) return;

(2) residence in Israel;

(3) naturalization;

(4) having been born in Israel;  or

(5) adoption.

In the past, (up until the amendment of the Law in 5740-1980), the legal situation was different.  Prior to the amendment of the law, a person whose mother or father was Israeli immediately became an Israeli citizen.  Citizenship could thus pass from parent to child indefinitely, without any requirement of residence in Israel.

At present, after the amendment to the Law, a person born overseas to at least one Israeli parent according to the rights set out above will be Israeli.  However, the children of that a person, if they are born overseas, will not be Israeli.  Despite this, the Minister of the Interior may grant citizenship to the minor of an Israeli citizen born overseas (section 9(a)(2) of the Law).

A person who dies prior to the birth of a child shall be considered an Israeli parent provided that such person was an Israeli citizen at the time of death.

4.Citizenship by Virtue of Birth and Residence in Israeli – Section 4A of the Citizenship Law

The legal situation in Israel does not permit statelessness (a status that was permissible in the past, before the amendment of the law in 1969).  Under section 4A of the Law, a person born in Israeli territory after the establishment of the State who was never granted any other citizenship shall be an Israeli citizen if he or she so requests between the ages of 18 and 21, provided that he or she was a resident of Israel for five consecutive years prior to the making of the application.  The Minister of the Interior may not approve such an application if the applicant has been charged with an offense against the security of the State or has been sentenced to five or more years’ imprisonment for any other offense.

5.Citizenship by Virtue of Adoption – Section 4B of the Citizenship Law

Citizenship by virtue of adoption shall be granted to a person who:

has been adopted under the Adoption of Children Law, 5741-1981, where one of the adopting parents is Israeli;  or

has been adopted outside of Israel, by an Israeli citizen (who is the adopting parent), whose own citizenship derives from:

(1) Return;

(2) residence in Israel;

(3) naturalization;

(4) having been born in Israel;

(5) adoption under the Adoption of Children Law, 5741-1981.

Provided that the following conditions exist:

(1) The adopting parents were not Israeli residents at the time of the adoption;

(2) Both parents have consented to the minor being an Israeli citizen.

In other words, an adopting Israeli resident must act in accordance with the Adoption of Children Law in order for the adopted child to receive citizenship.  This Law includes a chapter (sections 28 and 29) dealing with international adoption, and settling issues of adoption of children from foreign countries.

Naturalization – Sections 5 – 8 of the Citizenship Law

If he sees fit to do so, the Minister of the Interior may grant citizenship to an adult who is not an Israeli citizen if that person meets the following criteria:

(1) he is present in Israel (on the date of naturalization);

(2) he has been a resident of Israel for at least three years during the five years preceding the filing of the application;

(3) he is entitled to reside in Israel permanently [permanent residency visas being granted by the Minister of the Interior at his discretion];

(4) he has settled in Israel or he intends to do so;

(5) he has some knowledge of the Hebrew language;

(6) he has waived previous citizenship or has proven that such citizenship will be revoked once he becomes an Israeli citizen.

The grant of citizenship by way of naturalization is effected after making the following declaration: “I declare that I will be a loyal citizen of the State of Israel”.  This declaration is unique to the award of citizenship by virtue of naturalization.

Exemptions from Naturalization Conditions – Section 6 of the Law:  an exemption from the conditions set out in the Law regarding receipt of citizenship may be granted in the following cases, amongst others:

(1) to a person who has performed regular service in the Israel Defense Forces;

(2) to a person who lost a child in regular service in the Israel Defense Forces, if such person wishes to settle in Israel.

In addition, a person who was entitled to citizenship by virtue of return but declared that he does not wish to be an Israeli citizen, and who was resident in Israel for three out of the previous five years shall be exempt from the naturalization conditions if he seeks to be naturalized.

The Minister of the Interior has the power to exempt a person who is a resident of territory held by the IDF from the conditions of naturalization if the Minister has been convinced that such person identifies with the State of Israel and its purposes, and has acted in the furtherance of its security, economy, or any other important matter of the State.  The Minister also has general power to exempt persons seeking naturalization from some of the above conditions if, in his opinion, there is a special reason justifying this.

 6.Naturalization by Marriage – Section 7 of the Citizenship Law

A person who marries an Israeli citizen or a person fulfilling the conditions of naturalization in sections 5 or 6 may receive Israeli citizenship even if such person does not him- or herself fulfill the naturalization conditions.

 7.Naturalization of Minors – Section 8 of the Citizenship Law

The minor of a person seeking naturalization shall be granted citizenship if on the date of naturalization such child is a resident of Israel (or of territory held by the IDF), provided that the parent being naturalized has custody of the child.  Where there is joint custody of a child by two parents, only one of the parents is seeking naturalization, the other parent may prevent the naturalization of the minor if the minor is a foreign citizen.

 8.Naturalization by way of Grant – Section 9 of the Citizenship Law

Under this section, the Minister of the Interior may grant citizenship to the following:

A minor at the application of the parents of the minor (and for this purpose, the application of one of the parents is sufficient if that parent has custody of the child):

- if the minor is a resident of Israel;

- if the minor is a child of an Israeli citizen, where the parent is a citizen who was born outside of Israel yet received citizenship by virtue of birth (see paragraph 1.4 above).

An application dependent on age – in the following cases, the authority of the Minister of the Interior is conditional upon the filing of an application between the ages of 18 and 22:

- The child of an Israeli citizen (who is not a minor), where the parent was born outside of Israel and received citizenship by virtue of birth (see criteria in paragraph 1.4 above).

- A person whose citizenship was waived by his or her parents when still a minor, under one of the methods set out in section 10 of the Law (see paragraph 1.10.2 below).

The Minister of the Interior may grant citizenship to a resident of Israel who is in Israel if the Minister is convinced that such resident identifies with the State of Israel and its purposes, and that such person, or a member of such person’s family has served in the Israel Defense Forces, or has acted for the furtherance of the security, economy or any other important matter of the State, or that the grant of citizenship to such person is a special matter for the State.

 9. Loss of Citizenship

Israeli citizenship may be lost in the following circumstances:

Waiver of Citizenship (section 10 of the Law) – an adult Israeli citizen may waive his or her citizenship in writing.  A parent of a minor may, in certain circumstances, waive the citizenship of his or her child.  In such circumstances, the minor may apply to the Minister of the Interior between the ages of 18 and 22 for the grant of citizenship.  Waiver of citizenship is not automatic and is subject to the consent of the Minister of the Interior.

Waiver in order to Keep Other Citizenship (section 11 of the Law) – in special circumstances, the Minister of the Interior may agree to the waiver of citizenship of a new immigrant, if the waiver is intended so as to keep the immigrant’s other citizenship.

Revocation of Citizenship (section 11 of the Law) – this is possible in each of the following cases:

The illegal exit to one of the countries referred to in the Prevention of Infiltration Law (which are Syria, Lebanon, Egypt, Jordan, Saudi Arabia, Iraq and Yemen), or the acquisition of citizenship of those countries is considered waiver of citizenship, and citizenship is revoked as of the date of departure from Israel.  In the event of revocation of citizenship under this section, the citizenship of any minor of a person whose citizenship is revoked will also be revoked.

Cases in which the Minister of the Interior may cancel citizenship, and where cancellation is effected by notice from the Minister:  (1)  breach of loyalty to the State of Israel;  (2) citizenship acquired on the basis of false information.  The citizenship of a minor child of a person whose citizenship is cancelled under this section may also be cancelled.

Loss of citizenship does not constitute an exemption from liabilities stemming from Israeli citizenship if such liabilities came about prior to the revocation of citizenship (section 12 of the Law).

B.  The Rights and Obligations of an Israeli Citizen

 1. The Right to Vote for the Knesset

 The right to vote for the Knesset is set out in the Basic Law: the Knesset.  Under the Basic Law: the Knesset, the right to vote is granted to every Israeli citizen who is eighteen years of age or more, unless such right has been denied from that person by a court in accordance with the law (section 5 of the Basic Law: the Knesset).  (As at the time of writing, no law has been enacted enabling the removal of the right to vote).

 - The Knesset and Prime Ministerial Elections Law [Consolidated Version], 5729-1969 provides that a person “registered on the voters register of the register year in which the elections are to take place” may vote (section 2 of the Law).  The voters register is a list prepared under the provisions of the Knesset Elections Law, and is the name for the entire gamut of lists of voters.  Under section 28 of the Law, in order to prepare the list of voters, a list setting out the following is sent to every polling area in respect of such area:

a. Every person above 18 years on the “date of determination”, which is the first day of Nissan preceding the particular register year (that ‘register year’ commences on the fifteenth day of Av of each year).

b.Every person who, on the 61st day before the “date of determination” (as defined above) is an Israeli citizen and is registered on the Population Register as a resident of the given area.

The Population Registry Law, 5725-1965 deals with the registration of the details of residents of the State of Israel.  At the same time, it sets out expressly that all of the provisions in it that relate to residents of Israel and all of the rights or obligations applying to residents of Israel under the provisions of the Law shall also apply to Israeli citizens who are not residents (section 1(c) of the Law).  The Law imposes a variety of reporting requirements on non-resident citizens of Israel (for details see paragraph 6 below).

For full details of the laws and regulations dealing with Knesset elections, see the Knesset web site at www.knesset.gov.il/index.html , and the Fifteenth Knesset Elections web site (updated to April 1999), at www.knesset.gov.il/elections

 2. The Obligation of Recruitment to the Israel Defense Forces

This obligation has its origin in the Security Services Law [Consolidated Version], 5746-1986.

 An “inductee” is defined as an Israeli citizen or permanent resident (as defined in the Security Services Law), between the ages of 18 and 54 for a man and 18 and 38 for a woman.  The obligation to serve in the Israel Defense Forces applies to citizens of the State of Israel even if they are residents of another country, and even if they have other citizenship.

A person who is an “inductee” is, inter alia, liable to be called up to report for registration (section 3 of the Law), to report for a fitness test (section 5 of the Law), to report for regular service (section 13 of the Law) and the obligation of reserve duty also applies to him (section 27 of the Law).

 Information regarding recruitment (including the recruitment of new immigrants) may be found on the recruitment administration site at www.aka.idf.il/giyus

 Regular service (Chapter 3 of the Law);

Service Time for Men (Section 15 of the Law):

Between ages 18 and 26 – thirty months.

Between ages 27 and 29 – twenty-four months.

New immigrant who arrives in Israel after age 27 – eighteen months.

Dentist aged between 30 and 34 – twenty-four months.

Doctor (including dentists) aged between 35 and 38 – twelve months.

 The above service times were temporarily extended by the Security Services (Temporary Order) Law, 5755-1995, in place until 18 June 2000.

 Service Time for Women (Section 16 of the Law):

Between ages 18 and 26 – twenty-four months.

Between ages 27 and 34 – for a dentist or doctor – twenty-four months.

Between ages 35 and 38 – for a dentist or doctor – twelve months.

 Equality of Service:  An amendment dated 5760 (2000) provides that women and men have equal rights to fill any military service position whatsoever (section 16A of the Law).  At the same time, considerations of the substance or character of a particular position might cause a female inductee not to be approved for the position.

Exemption from Service:  In fact, not every citizen or resident of Israel is recruited.  The Law permits the Minister of Defense to exempt a person from regular service or reserve duty for a given period or absolutely, or to defer service.  The reasons for granting such exemptions can be related to the size of regular forces or reserve forces in place, or for reasons connected to education needs, secure settlement or the national economy, or for other reasons (section 36 of the Law).

The Law also prescribes exemptions by law – a mother of a child or a pregnant mother are exempt from defense service (i.e. regular and reserve duty).  A married woman is exempt from regular service.  There are also fixed methods for proving that a woman is prevented from serving in the army for reasons of religion or conscience (sections 39 and 40 of the Law).

Rights of Discharged Soldiers:  The Discharged Soldiers Absorption Law, 5754-1994 sets out rights for discharged soldiers which are not granted to citizens or residents of the State who have not served in the IDF.  The following are some of those rights (which remain in force for five years following the end of regular service):

- assistance in payment of education fees for a pre-university level college (section 12 of the Law).

- assistance in payment of education fees for higher education institutions or tertiary religious seminaries (section 13 of the Law).

- assistance in education fees for professional training institutions (section 14 of the Law).

- increasing residential loans (including in Kibbutzim) (section 16 of the Law).

- assistance in purchasing residential apartments (section 17 of the Law).

- assistance in setting up a new business (section 18 of the Law).

“Operation 2000” – in cooperation with the Ministry of Absorption, the IDF has amended its policy in respect of the recruitment of children of immigrants for the year 2000.  Information regarding the operation can be obtained from various consulates.

3.Returning Citizen

An Israeli citizen resident overseas who returns to live in Israel is sometimes entitled to certain rights, as are set out below:

Definition of Returning Citizen

A “Returning Citizen” is an Israeli citizen who meets the following conditions:

- is 17 years or more (different areas of assistance have different limitation ages).

- was resident overseas for a period of two or more years (in respect of a “returning scientist” – where he resided overseas for three or more years).

- visited Israel for no more than four months each year (continuously or intermittently) during the two last years prior to his return to Israel.  In this regard, periods of military service (be they regular or reserve) are not taken into account in calculating the visits and do not influence entitlement to rights.

- there are special rules regarding citizens who are themselves, or whose spouses or parents, are on State missions.  These rules require the passing of five years from the end of the mission to the date of return to Israel.

Period of Entitlement

Ministry of Absorption – 12 months from the date of entry into Israel

Customs – 9 months from the date of entry into Israel

Vehicle import – 3 months from the date of return to Israel.

Absence of Entitlement to Assistance

A person who benefited in the past from assistance granted to returning citizens, and a person who is still entitled to immigrant’s rights shall not benefit from assistance from the Ministry of Absorption.

Types of Assistance Granted to Returning Citizens

Generally, applications for assistance granted to returning citizens should be made to the Ministry of Absorption – Returning Citizens Department.  There are returning citizen coordinators in the various offices of the Ministry of Absorption around the country.  Israelis resident overseas can make applications for assistance to Israeli consulates around the world.  Applications for assistance from overseas are conditional upon the decision of the Returning Citizens Committee.

The Ministry of Immigrant Absorption has an up-to-date internet site at www.moia.gov.il

The various types of assistance available to Returning Citizens, set out in a booklet published by the Ministry of Immigrant Absorption (Returning Citizens Department) in April 1999, include[3]:

Assistance to Business Entrepreneurs – in setting up small businesses in Israel, including business advice through Centers for the Promotion of Enterprise (CPE).  Returning Citizens are entitled to a reduction in the fee for this advice.  Information can be obtained from Returning Citizens Coordinators at the various branches of the Ministry of Immigrant Absorption and at Israeli consulates.

Assistance for Returning Scientists – This is provided through the Science Absorption Center (SAC), which operates under the auspices of the of the Ministry of Immigrant Absorption (tel.: + 972 – 2 – 6752796, email: mkbemada@netvision.net.il ).

The SAC acts both as a placement service (making referrals to potential employers) and as a body providing economic assistance to cover the expenses of employing returning scientists and of their research, according to rules prescribed in advance.

In summary:

(a)  the receipt of assistance as a returning scientists is conditional upon residence of at least three years overseas prior to returning to Israel.

(b)  a “returning scientist” is a person included in at least one of the following three categories:

- holds a doctorate; has dealt in research and development for three out of the five years preceding his return to Israel;  has published three articles in recognized academic journals or has registered at least three patents.

- holds a master’s degree;  has dealt in research and development for four out of the six years preceding his return to Israel;  has published three articles in recognized academic journals or has registered at least three patents.

- holds a master’s degree;  has dealt in applied research or development for four out of the six years preceding his return to Israel – such a person shall be granted assistance for  absorption into the industries of applied research or development.

Employment Assistance – likely to include, inter alia, the following:

(a)  a grant for the assurance of income – a returning citizen who reports to the Employment Assistance Service and does not find work can receive assistance from the Ministry of Immigrant Absorption for three months;

(b)  professional conversion courses and assistance in payment of education fees for external courses;

(c)  assistance for the employment of academics by various government ministries and public institutions – might be given to employing institutions;

(d)  assistance to artists recognized by the Ministry of Immigrant Absorption – given as part of a one-time grant for the purchase of professional tools, assistance in advertising and assistance in finding employment.

Assistance to Lone Soldiers – a returning resident who serves in the regular army and is recognized as a lone soldier is likely to receive a grant from the Ministry of Immigrant Absorption in addition to the assistance he receives from the IDF.

Assistance in Learning Hebrew – Hebrew “ulpanim” for youth and adults.

Discounts in Airline Ticket Prices – on El Al (available via Israeli consulates).

Bank loans for partial financing of travel expenses (requiring confirmation of income from the taxation authorities or an affidavit signed before the Consul).  Loans are subject to bank requirements.

 4. Customs and Importing

Returning citizens are entitled to relief and exemptions from customs and certain taxes.  Information (including judgments) regarding customs and a web site containing questions and answers can be found at www.mof.gov.il/customs

C.  Israeli Residents

1. Definition of Israeli Resident

Residence in Israel grants certain rights and obligations.  The definition of an “Israeli Resident” varies from law to law.  The principle test for residence looks at the ‘center of life’ of the person in question.

 The Income Tax Ordinance [New Version] defines an Israeli resident (for an individual) as an individual who resides in Israel and who is not absent therefrom other than temporarily, as is reasonable in the opinion of the assessment clerk.  The National Insurance Office’s information web site notes the definition of “a person whose life is centered in Israel”, which is a fact that is tested according to various criteria.  For details see www.btl.gov.co.il and paragraph 7 below.

 However, other interpretations of the term “Israeli resident” are also plausible.  In a criminal appeal in the matter of an offense under the Foreign Currency Control Law, the question of whether the accused was an “Israeli resident” was important in ruling on guilt or innocence.  The law in question contains a specific definition of a foreign resident, and an Israeli resident is defined as a person “who is not a foreign resident”.  In this case, the Supreme Court held that the definition of an Israeli resident for the purposes of the Foreign Currency Control Law is not determined according to the person’s actual place of residence but by the definitions set out in the law.  In the case in question, the accused had a visa to stay in Israel, and this fact is what caused the definition of “foreign resident” to apply to him.  The Supreme Court held that there was nothing to prevent the conclusion that the accused came under the definition of “foreign resident” under the law, despite the fact that the center of his life was in Israel.  The Supreme Court noted in this context the absurdity caused by the interpretation of the law, but left this for the legislature. (see Criminal Appeal 58/8 The State of Israel v. Refael Ben Nissim Beier, P.D.I. 43(4), p. 1).

2.Registration of Details of Residents – the Population Registry Law

The Population Registry Law, 5725-1965 provides that a “resident” is a person who is in Israel as a citizen of Israel or under an immigrant’s visa or immigrant’s certificate, or under a permanent residence permit.  A resident under this law is required to provide the Registration Clerk at the Ministry of the Interior with the details set out in section 2 of the Population Registry Law (name, parents’ names, date and place of birth, gender, address, etc.) within 30 days of entry into Israel.

 A  resident who had or who adopted a child overseas must provide the Registration Clerk with a notice of the registration details of the child within 30 days (sections 11 and 13 of the Law).  There is also an obligation to notify the Registration Clerk of, inter alia, departure from Israel for the purposes of settling overseas, marriage, change of name, conversion, naturalization or waiver of citizenship.

 Every resident is entitled to receive information of his own record on the Register and to receive an extract or copy of the record, and to receive information of the name and address of any other person noted on the Register (section 29 of the Law).

 A resident residing overseas shall file notices and applications under the Population Registry Law to the Israeli representation or to the representation of the country representing Israel (Clause 2(2) of the Population Registry (Registration Procedure) Regulations, 5733-1972).

 3.         Right to Information

 Under the Freedom of Information Law, 5748-1998, every citizen or resident of Israel has the right to receive information from public authorities in accordance with the provisions of the Law.

 “Public authority” for the purposes of this Law means the government and government ministries, the President’s Office, the Knesset, the State Comptroller, judicial bodies (courts, tribunals, execution offices etc.), local authorities (including corporations controlled by them), corporations set up by law, government companies and public bodies.

 Under the Law, every public authority must appoint a person to be in charge of providing information to public authorities, and of dealing with applications for information.

 Special cases in which an application for the provision of information will be refused are (inter alia), the following:

(a) Where dealing with an application which demands unreasonable resources;  or

(b) Where the information has already been published;  or

(c) Where disclosure of the information will endanger the security of the State, its foreign relations, public security or the security of any person;  or

(d) Disclosure of the information would prejudice privacy;  or

(e) Information which is not to be disclosed under any law.

4.            National Insurance

 A person who is a resident of Israel is required to pay National Insurance dues, and is entitled to rights under the National Insurance Law [Consolidated Version], 5755-1995.  A resident for these purposes is a person whose life is centered in Israel – a definition that is tested according to a variety of criteria:

- The National Insurance Office publishes a special “questionnaire” which it uses to determine whether a person who resided overseas for more than five years is an “Israeli resident”.

 - An Israeli resident who resides overseas for more than six months must ensure that amounts owed to National Insurance for the period of residence overseas are paid.[4]  Payments are to made to the branch of the National Insurance Office that is nearest the person’s place of residence in Israel.  The payment may also be made at the Postal Bank or by attorney.  Delayed payments might incur fines.

 - The above does not apply to a person employed overseas by an Israeli employer.  However, residence of more than five consecutive years overseas might influence entitlements (section 76(b) of the National Insurance Law).

 - A person working in a country which is party to a treaty with Israel in such respect shall be exempt from paying National Insurance dues, but will be required to pay health tax.  The countries which are at present parties to such treaties are: the United Kingdom, France, Belgium, the Netherlands, Austria, Germany, Switzerland, Italy, Poland, Denmark, Finland and Uruguay.

 Information on this topic may be found on the National Insurance Office’s web site at www.btl.gov.il

The site contains a table of the social insurance treaties to which Israel is a party, and the addresses of the relevant offices in the countries in question.

5. Other Relevant Web Sites

The above survey is not exhaustive in setting out the rights and obligations of Israeli citizens and residents.

The web site run by the Citizens’ Advisory Service of the Ministry of Employment and Welfare (www.shil.haifa.ac.il ) includes additional information on a variety of topics regarding the rights and obligations of citizens of the State of Israel.  Some of the topics dealt with in the web site include, inter alia:  immigration absorption, returning citizens, army and security, family and matrimony, taxation, etc.  The site also contains details of various public institutions (such as the Recruitment Office and others).

Information regarding various government departments may be found on the “Gateway to the Government” web site at www.info.gov.il

Information regarding  the diplomatic missions may be found following these links http://www.mfa.gov.il there,choose Map, afterwards choose Foreign Relations and there choose Diplomatic Missions. Or try the following link http://www.mfa.gov.il/mfa/go.asp?MFAH010n0