By Daniel Aspiro, Partner |
There are hundreds of thousands of Israelis living abroad. Some have children born in Israel, while others have children born abroad. What happens when these children reach the age of conscription for the Israel Defense Forces (IDF)? Are they obligated to serve? Exempt? Eligible for a deferment? These and other complex questions will be addressed here.
There are several legal ways to handle this issue, and complications usually arise due to parental neglect in addressing the matter on time.
In Israel, a minor’s citizenship is determined by the citizenship of their parents, regardless of birthplace. A minor who is an Israeli citizen is required to settle their military status upon reaching the age of 16, even if they reside abroad. Failing to do so may result in the individual being considered obligated to military service, even if they were born abroad, as long as one of their parents is an Israeli citizen.
A child born abroad, or a “child of emigrants,” may be eligible for an exemption from military service. This can be arranged in advance by proactively contacting the Israeli embassy or approaching the military authorities in Israel. An exemption will be granted to:
- A child born abroad: Someone born abroad to an Israeli parent who has lived there since birth.
- A child of emigrants: An Israeli citizen who moved abroad with their parents before the age of 13 and lived abroad with them until the age of 18, or someone who moved abroad between the ages of 13 and 16 and lived abroad with their parents until the age of 21.
However, the child of Israeli emissaries living abroad with at least one parent working for an official Israeli body or an international organization on behalf of Israel is not exempt from military service. They can, however, apply for a deferment until the age of 20.
If an Israeli minor does not settle their status before entering Israel, they may be detained by border police or even arrested as a military service deserter. To avoid criminal charges for failure to report for service, a criminal record, or the risk of not renewing their Israeli passport, it is essential to address the matter in advance.
Kan-Tor & Acco has extensive experience in assisting with IDF service-related matters, including verifying military service obligations, determining whether an individual is required to serve, submitting requests for service deferment, and handling entry permits to Israel.