The Law of Return Explained: Who Can Make Aliyah to Israel?

Understanding the Law of Return

The Law of Return is a fundamental piece of legislation in Israel, enacted in 1950, which grants Jews the right to immigrate to Israel and gain citizenship. This law aims to provide a safe haven for Jews worldwide and to encourage Jewish immigration to Israel. Understanding who can make Aliyah, or immigrate to Israel, under this law is crucial for those considering this significant life change.

Under the Law of Return, any Jew has the right to come to Israel as an oleh (immigrant) and become an Israeli citizen. The law defines a Jew as someone who is born to a Jewish mother or has converted to Judaism and is not a member of another religion. This definition plays a critical role in determining eligibility.

Eligibility Criteria

While the law primarily covers individuals with Jewish ancestry, it also extends to certain family members. Spouses of Jews, children of Jews, and grandchildren of Jews, along with their respective spouses, are eligible. This inclusion ensures that families can make Aliyah together, fostering a stronger sense of community and support.

It is important to note that the law has been amended over the years to accommodate various circumstances. For example, the 1970 amendment expanded the criteria to include those with a Jewish grandparent, reflecting a broader interpretation of Jewish identity.

Conversion and the Law of Return

Conversion to Judaism is another pathway for individuals to make Aliyah. However, the conversion must be recognized by the State of Israel. Generally, conversions performed by recognized Jewish denominations are accepted. This ensures that the conversion process meets specific religious standards.

Once converted, individuals can apply for Aliyah, provided they have not adopted another religion. This pathway underscores the inclusive nature of the law, allowing those who embrace Judaism to become part of the Israeli community.

Application Process

The process of making Aliyah involves several steps and requires documentation to prove eligibility. Potential olim (immigrants) must provide proof of Jewish ancestry or conversion, as well as other personal documents like birth certificates and marriage licenses, if applicable.

The application is submitted to the Jewish Agency for Israel or through an Israeli consulate. After the approval of documents, an Aliyah visa is issued, allowing entry into Israel. Upon arrival, new immigrants receive assistance to help them integrate into Israeli society.

Challenges and Considerations

While the Law of Return provides a clear pathway for many, the journey of Aliyah can be challenging. Moving to a new country involves adapting to a different culture, learning a new language, and navigating legal and bureaucratic processes. Support systems are available to help ease this transition, including language classes and cultural programs.

Understanding the nuances of the Law of Return is essential for anyone considering Aliyah. By knowing the eligibility criteria and the steps involved, prospective immigrants can better prepare for this life-changing move. Whether motivated by religious, cultural, or personal reasons, the opportunity to make Aliyah offers a unique chance to connect with one’s heritage in the land of Israel.

Q&A
Q1: My grandfather on my father's side is Jewish, but my grandmother is not. My mother is also not Jewish. Do I have the right to make Aliyah?

Yes, you have the full right. According to the Law of Return, you are considered a "grandchild of a Jew." For citizenship purposes, it does not matter whether your Jewish roots are from your father's or mother's side. You have the right to repatriate, even if you are not considered Jewish according to religious law (Halakha).

Q2: I am not Jewish, but my husband is the grandson of a Jew. Can I move to Israel and get citizenship with him?

Yes, you can. The Law of Return extends not only to Jews (as well as their children and grandchildren) but also to their spouses. You can go through the repatriation process together as a family and receive citizenship.

Q3: My grandmother was Jewish, but I was baptized as a child and consider myself a Christian. Can I make Aliyah?

Most likely, no. The law includes an exception: the right of repatriation is not granted to someone who has "voluntarily changed their religion." If you actively practice another religion, your right to Aliyah will likely be denied. Each such case is reviewed by the consul individually.

Q4: I completed Giyur (conversion to Judaism) in a Reform community, not with an Orthodox rabbi. Does this give me the right to repatriate?

Yes. For the purposes of the Law of Return, the State of Israel recognizes conversions performed in official Reform and Conservative communities. This grants you the right to citizenship. (It is important not to confuse this with the stance of the Chief Rabbinate, which may not recognize such a conversion for religious purposes, such as marriage in Israel).

Q5: My husband was Jewish, but unfortunately, he passed away several years ago. I have not remarried. Can I repatriate?

Yes, you retain this right. Widows and widowers of Jews (as well as children and grandchildren of Jews) have the right to Aliyah, provided they did not remarry after the death of their spouse who was eligible for repatriation.