Frederick Wright

Introduction
Aliyah is immigration to Israel based on Israel’s Law of Return (1950). This is one of the founding laws of the state of Israel which allows any Jew, child of a Jewish person, or grandchild of a Jewish person to immigrate to Israel and receive Israeli citizenship. Aliyah is subject to the law of Return.

The Law of Return 
The Law of Return - חֹוק הַשְׁבוּת, is an Israeli law, passed by the Knesset on the 20th Tammuz (5 July 1950), and published in the Sefer Ha-Chukkim No. 51 of the 21st Tammuz, 5710 (5th July 1950), p. 159.  Amendments included are the Law of Return (Amendment) 5714-1954 (passed by the Knesset on the 24th Av, 5714 (23rd August, 1954) and published in Sefer Ha-Chukkim No. 163 of the 3rd Elul, 5714 (1st September, 1954) p. 174) and the Law of Return (Amendment No. 2), 5730-1970 (passed by the Knesset on 2nd Adar Bet, 570 (10th March, 1970) and published in Sefer Ha-Chukkim No. 586 of the 11th Adar Bet, 5730 (19th March, 1970), p.34).  The Law had the express purpose of assisting Jewish people with one or more Jewish grandparent, and their spouses with the right to move to Israel and acquire Israeli citizenship.

Article 1
Article one of the Law clearly defines the right of every Jew to repatriate and consists of one phrase: “Every Jew has the right to immigrate to Israel”.
As the document was being formed and discussed, two amendments were suggested:
A Jew living in the State of Israel may under no circumstances be expelled from the territory.
Article 1, which states that every Jew has the right to be repatriated to Israel, cannot be     changed even by a vote of the Knesset.

Article 2 – to whom a repatriate visa is issued
A repatriate visa is a document that allows a person who has proven their Jewish roots to enter Israel. The appropriate form is issued after passing the Consular check.
Americans and Europeans receive permission from the consul at the Israeli Embassy in their country of origin.
According to section 2 of the Israeli right of return, the visa may be issued to any person who is Jewish and wants to move to Israel.  Exceptions are those persons who may pose a security threat to the citizens of Israel and the country as a whole.
Only people who might be seen as a threat to Israel and its citizens can be exceptions to the Law of Return.  Meaning the visa will be denied to all those applicants for Israeli citizenship/ right of return with a criminal record, as well as applicants who, during a medical examination, are found to have infectious diseases that pose a danger to public health.
These are the law of return requirements, and they are strict for the reasons of avoiding the importation of threats to the nation.

Article 3 – immigration after arrival in the country
The third article states that any Jew can come to Israel and express a desire to settle there. In such a case he is also entitled to citizenship if he can prove his Jewish ancestry.  In the event of case of being waiting to be decided, a person does not have the right to work and does not receive any of the benefits of a new immigrant.  The process can take some months.

Article 4 – who can claim the rights of a repatriate
The document gives an exceptional and clean definition of who can be considered a real “Jew”. This is a person born of a Jewish mother or a person who has undergone conversion. An important note is that a person cannot profess any other religion except Judaism.
This strict definition of belonging to the Jewish nationality has caused numerous misconceptions and criticisms about the category of people eligible for repatriation.  For example, some think the right to return is reserved only for halachic Jews.

The Israeli Law of Return eligibility has a defined list of people eligible for automatic Israeli citizenship:

• Direct descendants, that is, children born of a [recognised] Jewish mother.
• Grandchildren of Jews (if the grandmother, great-grandmother is Jewish).
• People who have written “Jewish” or “Jew” in their nationality bar in any official document.
• In addition, by the power of Israeli citizenship law of return, the possibility of repatriation is provided to the spouses and the children of the eligible people mentioned above.
  It does not matter whether the holder of the right to repatriate is alive or not—children and spouses can obtain Israeli citizenship. The only exception is for the people who decided to change their religion.

What documents are required to immigrate to Israel?

Religious Documents
It should be noted that the Aliyah application procedure does not specify a particular list of the religious documents required for submission in this process. However, the procedure generally notes that it is mandatory to submit documents to prove one’s Judaism or affiliation with Judaism.
Any document proving religious affinity is acceptable, for example: a marriage certificate or ketubah (religious marriage contract), a Bar Mitzvah certificate, or certification of the burial of parents or grandparents in a Jewish cemetery, membership in a synagogue, membership in a Jewish organization, or any document proving the Judaism of the applicant, one of their parents, or one of their grandparents. In addition, the Ministry of Interior’s officials demand a letter from a Rabbi, or another Jewish organization, supporting the Aliyahapplication.
The Law allows for some elements of what may have been wrongly termed creativity with these documents due to many records’ loss and destruction during WW2. However, in order to enhance applications following are some documents that may be employed to enhance Jewish identity and qualify for the Law of Return:

• Ktuba (Traditional Jewish marriage certificate)
• Parents’ Ktuba
• Bar mitzvah certificate
• Membership certificates from Jewish organizations
• Proof of a shul membership
• A letter from a rabbi verifying your Jewish identity (The rabbi must have a good reputation and must be known to other rabbis)

Secular Documents

• Foreign passport that has been valid for at least six months
• Original birth certificates for each family member
• Documents of marital status
• Parents’ marriage license
• Parents’ birth certificates
• Relevant family death certificates 
• Employment records 
• Military records 
• Health declaration form.  Self-completed, not by a physician.  For minors, Parents and guardians should sign appropriate documentation.
• A police certificate (in UK) confirming no criminal records in UK or any other country of previous domicile
• Certificates of good conduct for each applicant aged 14 years and older, authenticated with an apostille stamp.
• Endorsed Passport photographs (on occasion)
• Any other document supporting an application or applications on the basis of the Law of Return

Amendments to the “Law of Return”
The Jewish right of return defining the basic rules for Jew repatriation has been up and running for over 70 years now. Throughout  this time, Israel’s citizenship law of return practically has not been changed.

DNA and Aliyah
In recent years it has been suggested that Aliyah may be granted by DNA evidence. The following is extracted and conflated from an article by the Israeli Immigration Lawyer, Joshua Pex.  The essential questions are:
Can DNA testing make up for lost documentation proving an acceptable Jewish heritage.  Secondly will a DNA test result be sufficient evidence to qualify for aliyah?
The Israeli Ministry of Interior has a detailed procedure regarding the documents an applicant for  is required to present in order to gain approval for immigration. However, there Aliyah  are those who do not have any documents to prove their Jewish origins, yet through a family tradition, they know that they are in fact Jewish. For example, many Russian families lost all documents showing they are Jewish during the Russian civil war or WWII. Others also have parents or grandparents who lost all documents while their country was in a state of chaos.
With biomedical and  technological advancements, people are able to take DNA tests that detail their genetic heritage. There are specific tests designed to let people know whether they have Jewish roots. There are even DNA tests that will show whether a person is descended from Jewish priests (Cohen/Levi).
The tension, however, is that a DNA result that ‘proves’ Jewish origins does not grant the right to make Aliyah according to the Law of Return. The Israeli law and the Israeli Ministry of Interior procedures are in consensus on this issue. An  applicant for Aliyah is required to present documented proof of being Jewish or having Jewish ancestors within the last two generations. Those who don’t have documents require strong testimonial evidence with a solid explanation for the lack of documents in order to be eligible for Aliyah and Israeli citizenship.
The reason a DNA test result is not accepted as evidence of being Jewish  is in part due to the fact that the Law of Return excludes Jews who seek to make aliyah after having converted to another religion. The Israeli legislature assumes that if a person cannot bring documented evidence to show he or she has Jewish origins, it is probably because their ancestors have left the Jewish religion several generations ago; therefore, the genetic link indicating Jewish roots is not sufficient.

Online Articles Regarding DNA Testing and Aliyah
Such publications are the result of grossly irresponsible journalistic practices. An appellant whose Aliyah request was denied may make any number of claims, each more or less plausible. Until and unless their claims are actually accepted by the Israeli judicial/immigration system, no changes are imminent. Presenting these claims, which are certain to be ignored/denied, as a breakthrough for immigration law, is outright misleading. Seemingly reputable scientific publications taking these claims at face value forces us, as well as other journalists, to question the authors’ credentials.
By all appearances, Aliyah to Israel by DNA testing will remain impossible in the foreseeable future. For that matter, if immigration precedent changes to the point of allowing DNA tests as evidence, the news will not be limited to a few speculative articles.

DNA tests that can be employed
A DNA test can be used to receive Israeli citizenship under certain circumstances. Specifically, a DNA test can conclusively prove that a person is the child of an Israeli citizen or of a person who is Jewish. Section 4 of the Law of Citizenship states that anyone born to an Israeli mother or father, whether in Israel or abroad, is an Israeli citizen by birth. This DNA test is conducted based on the authorization of the Israeli Family Court. If the result proves that the child is in fact a son or daughter of an Israeli citizen resident, the court will order the Israeli Ministry of Interior to register them as Israelis.
Israel’s immigration authorities may require an adult Aliyah applicant to undergo a DNA test in certain circumstances. If their parents were never married, or if the documentation is lacking, a DNA test may prove they are in fact related to a Jewish parent / grandparent.
Note that this DNA examination is not intended to show some general connection to Jewish heritage for the purpose of Aliyah to Israel, but rather to prove that the person in question is the child of a specific Jew or an Israeli citizen.

Aliyah and Giyur (conversion)
The question of “Who is a Jew?” is a fundamental and unresolved discussion in Israel. According to the 1950 Law of Return, any Jew has a right to make Aliyah to Israel. In practice, however, things are a bit more complex. The state of Israel naturally does not want every person in the world to have the right to immigrate to Israel merely by declaring that they are a Jew. Even receiving a certificate from a random rabbi should not be enough to allow for Aliyah after conversion to Judaism, which a person might have done only for the purpose of immigration.
Unfortunately, the state of Israel often rejects requests to make Aliyah to Israel following a conversion to Judaism. The Ministry of Interior processes immigration requests and has special procedures for determining whether the conversion is “sincere.” Sometimes, this is due to the applicant not having demonstrated a desire to be involved in Jewish community life or a sense of Jewish identity before (or even after) the conversion process. On other occasions, the state’s attitude may have to do with giving a preference to Orthodox Judaism over any other movement in Judaism.

Government  Recognition of  Conversion to Judaism
In order for conversion to be formally recognized, a number of conditions need to apply:

1. The community into which one is converted must be a recognized Jewish community (Conservative and Reform communities are ostensibly recognized equally, with Orthodox communities being more equal (especially in the UK).
2. The convert must be an active member of a recognised Jewish community abroad, at least one year prior to conversion, or present evidence that he spent no less than 300 hours studying before conversion and was part of a recognized Jewish community abroad for at least 9 months after conversion. If the immigrant was not part of a recognized Jewish community abroad, he can submit an exceptional application for temporary status in Israel and be active in the Jewish community in Israel for at least 9 months during his stay in Israel.
3. Documents confirming that the convert was active in a Jewish community for at least nine months after the conversion approval. If the Aliyah applicant did not finish nine months of involvement within a recognized Jewish community after the conversion approval, the Ministry of Interior may grant the applicant an A-5 temporary residency status which would be upgraded to full citizenship after the applicant proves that he is involved in a recognized Jewish community in Israel for at least nine months.

Those that have ‘ Married Out’
The above category is somewhat of a vexed question.  If a Jewish person marries a non-Jew to some extent it depends on the circumstances.  If a Jewish person marries out and the ceremony is conducted in a Christian Church, it is generally considered that the individual has changed their religion.  In the event of a secular marriage, it will largely depend on the decisions of Rabbinic authorities. It should be restated that the spouse of the Jewish person is eligible.

Messianic Believers
According to the Law of Return a Messianic believer who is of Jewish parents is considered to have changed their religion and therefore ineligible for Aliyah. A gentile member of a Messianic Fellowship  remains a gentile and is ineligible for Aliyah

For further Information e-mail ezracomms.uk@gmail.com

Additional Information and financial Considerations
Financial assistance is available for those making Aliyah to Israel, and the amount of assistance depends upon personal circumstances. Qualifying olim are entitled to the following benefits following acceptance and arrival at ben Gurion Airport
 
Sal Klita
Sal Klita is the term employed to cover aspects of what is generally referred to as the ‘The Absoption Basket.’  The programme  is designed to help cover initial living expenses, including housing, healthcare, and basic necessities during the first six months of olim arriving in Eretz Israel. The financial considerations  depend on factors such as family size, age, and specific needs,
Financial assistance provided by Misrad Haklita (Ministry of Aliyah and Integration). Incoming olim receive an initial cash payment on arrival at Ben Gurion Airports, reception centre, followed by an additional wire transfer after providing Misrad Haklita with personal bank details. Olim  will receive a total of six-monthly instalments of Sal Klita, all of which will be transferred directly into their Israeli bank account.
The amount of Sal Klita given is determined by age and family status. To review the exact sums, see the  Sal Klita calculator.
Misrad Hashikun (Ministry of Housing)
Israel offers subsidized housing options for Olim, particularly in absorption centres (Merkaz Klita) and in certain cities where the cost of living is lower, or the need for social strengthening, or employment requirements. Misrad Hashikun Offers Olim Chadashim rental assistance beginning from the 8th month after Aliyah for those who made Aliyah prior to March 1, 2024, and from the 7th month for those who made Aliyah on or after March 1, 2024. The period of eligibility for rental assistance is up to five years for those who made Aliyah before March 1, 2024, or up to four years for those who made Aliyah on or after March 1, 2024 from the date of receiving Oleh status.
Bituach Leumi (the National Insurance Institute), provides free basic coverage in any Kupat Cholim (health fund) of your choice for the first 6 months of Aliyah (former A-1s are not eligible for free healthcare. irst 6 months after Aliyah for those without income. Olim begin paying into Bituach Leumi (which in turn pays for basic healthcare) after 6 months or when one begins working even prior to the end of the first 6 months. If receiving Income Support from Misrad Haklita (Dmei Kiyum) following your Sal Klita payments, Olim  will be eligible for an additional 6 months of free basic healthcare coverage.
Arnona
In common with most democratic nations all cities and towns in Israel charge Arnona (municipal property tax), whether you are renting or own your own property. Olim are customarily granted a discount of 50 – 90% (for up to 100 sqm.) on Arnona payments, depending on their municipality.  The benefit is available for Olim to use during one 12-month period during the first 24 months after Aliyah
Ulpan
As Hebrew is the national language and the language of trade, commerce medicine and other general employments a working knowledge of the language is essential. Free Hebrew Ulpan courses are readily available in many locations around Israel. The address that appears on an Oleh’s Teudat Zehut dictates the location of that individual’s designated Ulpan.
Misrad Haklita offers additional assistance for the study of the Hebrew language,
Olim can access the Ulpan benefit up to 18 months following their Aliyah. A standard, subsidized, Ulpan course lasts for approximately 5 months consisting of a programme of, 5 hours a day, 5 days a week.
Assistance for Tuition in Further Education
Candidates until reaching the age of 27 ears old can receive assistance for Mechina a preparatory year course. Candidates up to the age of 27 can receive assistance for studying for a BA and candidates up to the age of 30 can receive assistance for an MA.
Student benefits are provided by the Student Authority. Students who are studying for an MA may be eligible for a subsidy covering up to a year of Hashlamot (prerequisite classes), in addition to assistance with the cost of the degree. Students who choose to study in a one year MA program are eligible to receive two years of assistance to use towards the cost of their studies. However, they must start undertaking such studies within three years following their  Aliyah and within the proper time frame given the student’s age. That is to say, in expansion of the above, if an individual makes Aliyah at age 26, they would have only one year to commence  studies leading to a BA, as the benefit is only granted to students up to the age of 27.  In addition such a  student must study at an institution of higher education recognized by the Student Authority. Time spent in the army or Sherut Leumi is not counted in the three years.
Customs Benefits
Olim are allowed to bring with them their appliances and household goods from any country tax-free. However, this benefit is not unlimited as some some restrictions may apply. The benefits apply to any method of importation – via sea, air or postal packages. A file will be opened for the  individual, or lead individual automatically by the Customs authority within 3 days of them making Aliyah. Olim can import appliances tax-free for up to three years subsequent to their Aliyah, and may bring up to three shipments of imported goods. Extensions are granted for military service, full-time study, or if you have left Israel for more than six consecutive months. It is recommended not to ship a container from abroad before there is a final decision concerning status for those awaiting a decision albeit they are in the land.
Income Tax Break
There are discounted income tax payments regarding income earned in Israel. The income tax reduction works on a point system, where one point is equal to 242 NIS (as of January 2024). New Olim who made Aliyah prior to January 1, 2022 (date not inclusive) will enjoy an income tax credit over a period of 3.5 years. While new Olim, who made Aliyah after January 1, 2022 (date inclusive), will enjoy an income tax credit over a period of 4.5 years. The breakdown is as follows: New Olim receive one point per month (242 NIS) during the first 12 months after Aliyah, three points over the next 18 months, two points over the next 12 months, and one point during the last 12 months, for a total of 4.5 years. Once employment commences an individual should, advise their r employer that you are an Oleh, in order to benefit from this taxation relief.
Mortgage Discount
Olim can benefit from low mortgage interest rates, compared against other market rates, for up to about 300,000 NIS at the time of writing (2003-2004). In order to benefit Olim need to obtain a Teudat Zakaut (Certificate of Eligibility), which is issued by the Ministry of Construction & Housing through the specified Israeli mortgage banks who deal with this issue.  The discount may be applied for and may be granted up to 15 years after Aliyah. However, it should be noted that this benefit may only granted for the purchase of a first home in Israel.
Free Flight to Israel
All successful Olim are eligible for a one-way, direct, Aliyah flight and are eligible for two pieces of luggage at 50 pounds each for this flight.  It should be noted that the luggage benefit is to be used on the Oleh’s Aliyah flight only and may not be used as an allowance or part allowance for a future flight. Olim who purchase their own tickets are not eligible for a refund for the cost of their ticket, nor are they eligible for reimbursement for luggage. Those making Aliyah from within Israel, are not eligible for the free flight Aliyah benefit. 
Free Transportation from Ben Gurion Airport
Olim receive free transportation to their first destination after making their Aliyah. Arrival in Israel Subsequent to their processing at Ben Gurion Airport and receiving their documents and initial finances,  The  Mode of transportation may be shared with other Olim travelling to the same, or en route destination.
Customs Benefit for a Car Purchased or Imported
Although there a very efficient and inexpensive public transport system in Israel, often a car may be essential depending on the place of domicile.  As a benefit, Olim pay a reduced tax rate on the purchase of a new vehicle in Israel or the import of a car from abroad. In order to be eligible for the tax reduction, Olim must hold a valid foreign driver’s license that was issued at least three months prior to the date of Aliyah in addition valid Israeli driver’s license is also required.  It should be noted that the benefit is valid only for a new car or “Passport to Passport” purchase. Importing a car is quite a detailed process and it should only be pursued carefully and advice taken  regarding the costs and benefits.

Foreign Income Tax Break Internationally tax is a generally a complex matter, particularly where monies are being transferred internationally.  Olim are eligible for tax breaks on both passive and active income earned overseas for 10 years after Aliyah.  It is most important to consult with an accountant or tax lawyer in order to to confirm eligibility as there may be some restrictions based on individual circumstances.  
Maximum Sum of Money Olim can Bring to Israel
The maximum amount of cash that an Oleh can bring into Israel without the need to report to the authorities is 50,000 NIS , importantly this sum is not per individual of any age per family unit. From 50,000 NIS and above, there is a requirement to report to customs by filling out the requisite form.  In real terms this only involves signing a waiver. The signee is not questioned or investigated, rather the information serves the purpose of being able to assist the authorities (Nationally and Internationally) to reduce international money laundering attempts to Israel. (See the Israel Tax Authority website for details).
Maon and Daycare Tuition Subsidies
For families Daycare can be quite challenging due to the pressures of settling in and Ulpan.  Olim Chadashim are entitled to a reduction in Maon or daycare tuition. This benefit depends on the mother’s status. An additional reduction for tuition can also be requested, based on income levels. To receive the benefit, your child’s Maon or kindergarten needs to be recognized by Tamat (Ministry of Industry, Trade and Labor). To see if a potential  Maon is recognized and eligibility for subsidy refer to the Tamat website. To meet the eligibility for subsidy the parents need to meet one of the following criteria:

• Both parents are enrolled in Ulpan (minimum 49 hours a week)
• Both parents must be registered with Sherut Hata’asuka/Misrad Haklita as unemployed and seeking a job.
• One parent falls under option 1 and the second parent falls under option 2.