By Senior Attorney Daniel Aspiro, Head of Private Client Department
The Law of Return, 5750-1950, grants every Jew who has expressed his desire to settle in Israel the right to immigrate to Israel and receive an immigrant certificate, unless
“In the presence of the Minister of the Interior that the applicant – (1) acts against the Jewish people; Or (2) may endanger public health or national security; Or (3) has a criminal record that may endanger the public peace. “
According to the Law of Return, the right exists simultaneously with the relative of the Jew, including the spouse, his children, and their spouses, and his grandchildren and spouses, provided that the Jew has not converted to his religion, and has no malicious intent against the State of Israel.
But what happens if a 4th generation of Jewish person (Great Grandchild of Jewish person) wants to gain status in Israel by virtue of the Law of Return?
A great-grandchild of a Jew is not entitled to immigrant status under the Law of Return or even to Israeli citizenship under the Citizenship Law, 1952. Nevertheless, it is possible to regulate the status of the Jewish great-grandchild, in order to preserve the existing family unit, provided all the following conditions are met:
- Grandson of a Jew who immigrates to Israel by virtue of the Law of Return.
- The great-grandson’s parents were granted immigrant status.
- The great-grandchild’s child arrives to settle in Israel.
- The great-grandchild is a minor (up to the age of 18).
After the application is approved, the great-grandchild will be entitled to an A-5 residence visa for one year. The visa can be extended for a maximum of two additional years, and a total of three years.
At the end of the three years, it is possible to apply for citizenship in Israel or for permanent status, even if the minor has become an adult. The application can be submitted to the Ministry of the Interior in Israel in accordance with the registered residential address of the great-grandchild.
The results of the decision of the Population and Immigration Authority can be fateful. On the one hand to approve the process and on the other hand to cancel and even reject the request. The assistance of a law firm that specializes in this area can prevent delay and discouragement.
Kan-Tor Law Office is a boutique law firm specializing in all immigration applications to Israel in general and eligibility applications under the Law of Return.