Citizenship Law, 5712-1952

In this article

Chapter I: Acquisition of citizenship

1

Israeli citizenship is acquired by return under section 2; residence in Israel under section 3; birth under section 4; birth and residence under section 4A; adoption under section 4B; naturalisation under sections 5 to 8; or grant under section 9. Israeli citizenship shall exist only under this Law.

2

(a) Every oleh under the Law of Return, 5710-1950, becomes an Israeli citizen by return unless citizenship was conferred by birth under section 4 or adoption under section 4B.

(b) Citizenship by return is acquired:

(1) By a person who made aliyah or was born in the country before establishment of the State, from establishment of the State.

(2) By a person who made aliyah afterwards, from the date of aliyah.

(3) By a person born in Israel afterwards, from birth.

(4) By a person issued an oleh certificate under section 3 of the Law of Return, 5710-1950, from issue of the certificate.

(c) This section does not apply:

(1) To a person who ceased to be an Israeli resident before this Law took effect.

(2) To an adult who held foreign citizenship immediately before aliyah or issue of an oleh certificate and, on that date, earlier, or within three months afterwards while still a foreign citizen, declared that they did not wish to become an Israeli citizen. Such an adult may waive the right to make that declaration by written notice to the Minister of Interior.

(3) To a foreign-citizen minor born abroad who made aliyah with parents who made a declaration under paragraph (2) and included the minor. One parent's declaration suffices if only that parent made aliyah, provided the other parent's written consent is attached or the declaring parent has sole custody.

(4) To a foreign-citizen minor born abroad who made aliyah without parents, where the parents declared in writing that they did not want the minor to become an Israeli citizen immediately before aliyah, on the date of aliyah or the oleh certificate, or within three months of either date. The parents must not be Israeli citizens on the declaration date. One parent's declaration suffices if that parent has sole custody.

(5) To a person born in Israel whose parents were both unregistered in the Population Registry at birth.

(6) To a person born in Israel after establishment of the State to a foreign diplomatic or consular representative, excluding an honorary representative.

(d) An Israeli resident who did not acquire citizenship because of a declaration under subsection (c)(3) may notify the Minister of Interior of its cancellation between their 18th and 22nd birthdays, or within one year after completing regular service under Chapter III of the Defence Service Law, 5719-1959 [Consolidated Version], whichever is later. Citizenship by return begins on the notice date.

(e) The Minister may, at discretion and on application, grant citizenship by return before aliyah to a person who wishes to settle in Israel and has received, or is entitled to receive, an oleh visa under the Law of Return, 5710-1950.

(f) The Minister may accept a declaration under subsection (c)(2) or (4) within three months after the original three-month period if the delay resulted from circumstances beyond the declarant's control.

(g) The Minister shall notify a resident excluded from citizenship by a declaration under subsection (c)(3) or (4) of the right to cancel it under subsection (d). Failure to receive notice does not affect subsection (d). Regulations shall prescribe the notice's timing and manner.

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(a) A person who was a Palestinian citizen immediately before establishment of the State and did not become an Israeli citizen under section 2 becomes a citizen from establishment of the State if:

(1) On 4 Adar 5712 (1 March 1952), the person was registered as a resident under the Registration of Inhabitants Ordinance, 5709-1949.

(2) The person was an Israeli resident when this Law took effect.

(3) Between establishment of the State and commencement of this Law, the person was in Israel or territory that became Israeli territory, or lawfully entered Israel during that period.

(b) A person born after establishment of the State who was an Israeli resident when this Law took effect and whose father or mother became a citizen under subsection (a) is a citizen from birth.

3A

(a) A person born before establishment of the State becomes a citizen by residence from commencement of the Citizenship Law (Amendment No. 4), 5740-1980, referred to as the 1980 amendment date, if:

(1) The person did not acquire citizenship under another provision of this Law.

(2) The person was a Palestinian citizen immediately before establishment of the State.

(3) On 21 Tammuz 5712 (14 July 1952), the person was an Israeli resident registered under the Registration of Inhabitants Ordinance, 5709-1949.

(4) On the 1980 amendment date, the person was an Israeli resident registered in the Population Registry.

(5) The person is not a citizen of a state listed in section 2A of the Prevention of Infiltration (Offences and Jurisdiction) Law, 5714-1954.

(b) A person born after establishment of the State becomes a citizen by residence from the 1980 amendment date if:

(1) The person did not acquire citizenship under another provision of this Law.

(2) On that date, the person was an Israeli resident registered in the Population Registry.

(3) The person descends from someone meeting subsection (a)(1) to (3).

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(a) The following are citizens by birth from their birth:

(1) A person born in Israel to an Israeli-citizen father or mother.

(2) A person born abroad whose father or mother was an Israeli citizen: (a) by return; (b) by residence; (c) by naturalisation; (d) under paragraph (1); or (e) by adoption under section 4B(1).

(b) For a person born after a parent's death, that parent's Israeli citizenship at death suffices.

4A

(a) A person born after establishment of the State in a place that was Israeli territory at birth, who has never held any citizenship, becomes a citizen if they apply between their 18th and 21st birthdays and were an Israeli resident for the five consecutive years immediately preceding the application.

(b) The Minister or an authorised person shall approve an application meeting subsection (a), but may refuse if the applicant was convicted of a state-security offence or sentenced to at least five years' imprisonment for another offence.

(c) Citizenship begins on approval of the application.

4B

A minor becomes an Israeli citizen by adoption from the adoption date if:

(1) Adopted under the Adoption of Children Law, 5741-1981, when an adoptive parent was an Israeli citizen; or

(2) Adopted abroad when an adoptive parent was an Israeli citizen under section 4(a)(2)(a) to (e), provided the adoptive parents were not Israeli residents on the adoption date and both consented.

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(a) An adult who is not an Israeli citizen may acquire citizenship by naturalisation if the person:

(1) Is in Israel.

(2) Was in Israel for three of the five years before applying.

(3) Is entitled to permanent residence.

(4) Has settled in Israel or intends to do so.

(5) Has some knowledge of Hebrew.

(6) Has renounced previous citizenship or proved that foreign citizenship will cease on acquiring Israeli citizenship.

(b) For an applicant meeting subsection (a), the Minister may, if considered appropriate, grant citizenship by issuing a citizenship certificate.

(c) Before the grant, the applicant shall declare: "I declare that I will be a loyal citizen of the State of Israel."

(d) Citizenship begins on the declaration date.

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(a)(1)(a) A person who performed regular service in the Israel Defence Forces, or another service after 16 Kislev 5708 (29 November 1947) declared by the Minister of Defence in the official gazette to be military service for this section, and was lawfully discharged; a person who completed 18 months of regular service under the Defence Service Law [Consolidated Version], 5746-1986, or performed such other declared military service after 16 Kislev 5708 (29 November 1947).

(b) Completion of 18 months includes earlier discharge for illness, aggravation of illness or injury occurring during and because of service within the Disabled Persons (Compensation and Rehabilitation) Law, 5719-1959 [Consolidated Version], or an injury during service covered by that Law, provided it did not result from serious misconduct within section 9 of that Law.

(c) Subparagraph (a) does not apply if: (1) discharge resulted from conviction or unsuitability; or (2) the Minister of Interior determines, generally or individually, that other circumstances justify exclusion.

(2) A person whose son or daughter died in such service.

These persons are exempt from section 5(a), except section 5(a)(4).

(b) An applicant who previously declared under section 2(c)(2) is exempt from section 5(a)(2).

(c) A person who was a Palestinian citizen immediately before establishment of the State is exempt from section 5(a)(5).

(d) The Minister may exempt an applicant from all or some of section 5(a)(1), (2), (5) and (6) where a special reason justifies it.

(e) The Minister may at discretion naturalise an adult resident of territory held by the Israel Defence Forces despite failure to meet section 5(a), if satisfied that the applicant identifies with the State and its objectives and the applicant or a family member substantially advanced its security, economy or another important interest, or the grant particularly serves the State's interests.

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Where one spouse is an Israeli citizen or has applied for naturalisation and meets section 5(a) or an exemption, the other may be naturalised despite not meeting section 5(a).

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(a) Naturalisation also confers citizenship on the person's minor child who, on that date, resided in Israel or territory held by the Israel Defence Forces and was in that person's lawful custody.

(b) If the minor is a foreign citizen, both parents have custody and only one naturalises, citizenship is not conferred if either parent declares opposition to the minor becoming an Israeli citizen.

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(a) The Minister may grant citizenship by certificate from the date specified in it:

(1) To an Israeli-resident minor, on the parents' application.

(2) To the minor child of a citizen under section 4(a)(2), on the parents' application.

(3) To the child of a citizen under section 4(a)(2), or a person whose citizenship was cancelled under section 10 while a minor, on application between the 18th and 22nd birthdays.

(4) To an Israeli resident present in Israel who identifies with the State and its objectives, where the person or a family member served actively in the Israel Defence Forces or substantially advanced security, the economy or another important interest, or the grant particularly serves the State's interests. Family member means spouse, parent, child or sibling.

(b) For subsection (a)(1) and (2), one parent's application suffices if that parent has sole custody.

Chapter II: Loss of citizenship

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(a) An adult citizen who is not an Israeli resident may renounce citizenship in writing.

(b) An adult citizen declaring an intention to cease residing in Israel may renounce citizenship in writing.

(c) Parents may renounce in writing the citizenship by birth of a minor born abroad, provided they and the minor are not Israeli residents on the declaration date. A parent with sole custody may declare alone; only that parent and the minor need be nonresidents.

(d) The same rule applies to a minor born in Israel before the 1980 amendment date who acquired citizenship by return, whose parents at birth were neither Israeli citizens nor registered in the Population Registry. Parents and child must be nonresidents when declaring; a sole-custody parent's declaration and nonresidence with the minor suffice.

(e) Renunciation requires the Minister's consent. Citizenship ends on the date the Minister determines.

(f) An adult's renunciation also cancels their minor child's citizenship if both conditions hold:

(1) The other parent also renounces, is neither an Israeli citizen nor resident, consents in writing to inclusion of the child, or the renouncing parent has sole custody.

(2) The minor is not an Israeli resident, or a declaration under subsection (b) also states the intention that the minor cease residing in Israel.

(g) For a special reason, the Minister may retain a minor's citizenship despite subsection (f).

(h) A minor aged 16 or older loses citizenship under this section only after giving the Minister written consent.

10A

In special circumstances, the Minister may accept an adult Israeli resident's renunciation of citizenship acquired under section 2(b)(2) or (4) to preserve another citizenship. Cancellation takes effect on the Minister's chosen date, which may be retrospective.

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(a) The Minister may cancel citizenship acquired through false particulars if satisfied of that fact and fewer than three years have elapsed since acquisition.

(b) At the Minister's request, the Administrative Affairs Court may cancel citizenship if:

(1) It was acquired through false particulars at least three years previously.

(2) The person breached allegiance to the State, provided cancellation does not leave them without any citizenship or permanent status in Palestinian Authority territory. If it does, an Israeli residence permit shall be issued as directed by the Minister. A person permanently abroad, or who personally or through someone acting on their behalf and with their knowledge received direct or indirect Palestinian Authority pay or reward for the breach, termed terrorism-related funds, is presumed not to be left without such citizenship or status. Breach of allegiance means:

(a) A terrorist act under the Counter-Terrorism Law, 5776-2016, assistance or incitement to it, or active participation in a terrorist or designated terrorist organisation as defined there.

(b) Treason under sections 97 to 99 of the Penal Law, 5737-1977, or aggravated espionage under section 113(b).

(c) Acquiring citizenship or permanent residence in a state or territory in the Schedule. Permanent residence there creates a presumption of acquiring such citizenship or residence rights.

(b1)(1) The Minister shall notify a person within seven working days of an intention to seek cancellation if both apply:

(a) The person was convicted of an offence found by the convicting court to be a terrorist act, or, for an offence predating the Counter-Terrorism Law, constituting such an act on the judgment's factual findings, or of an offence under Penal Law sections 97 to 99, and received an actual prison sentence.

(b) After allowing seven working days for representations, the Minister is satisfied that the person, or someone acting on their behalf and with their knowledge, received terrorism-related funds.

(2) On that application, the court shall cancel citizenship unless recorded special reasons make cancellation unjustified in the circumstances. It shall decide within 30 days of filing.

(3) If citizenship is cancelled and the subsection (b)(2) presumption is not rebutted, the person shall be removed after serving the sentence to Palestinian Authority territory under section 13 of the Entry into Israel Law and shall not be allowed to re-enter Israel.

(4) Subsection (b)(2) applies where cancellation would leave a person stateless.

(5) Palestinian Authority has the meaning in the Law Freezing Funds Paid by the Palestinian Authority in Connection with Terrorism from Funds Transferred to It by the Government of Israel, 5778-2018. Its territories mean Palestinian Council territory under section 13J of the Entry into Israel Law and the Gaza Strip.

(c)(1) An application under subsection (b)(2) requires the Attorney General's written consent.

(2) An application under subsection (b1) requires the Minister of Justice's written consent. Consent is deemed given if not communicated within seven working days.

(d)(1) Hearings shall take place in the citizen's presence unless a summons was served under rules made by the Minister of Justice with approval of the Knesset Interior and Environmental Protection Committee, the citizen failed to attend, and the court considers absence will not cause injustice.

(2) At the Minister of Interior's request, the court may proceed without the citizen if they cannot be located or served, provided substituted service was carried out under rules approved by that Committee.

(3) If such a citizen is abroad, the court may, on their request, permit participation by video conference at an Israeli mission equipped for it. Video conference means real-time transmission of sound and images between two locations.

(4) When proceeding under paragraph (2), the court shall appoint a lawyer under the Legal Aid Law, 5732-1972, to represent the citizen's rights and interests unless nonappointment would not cause injustice. The citizen retains the right to appoint a lawyer.

(5) Participation by video conference under paragraph (3) counts as presence.

(d1)(1) On a subsection (b)(2) application concerning a citizen permanently abroad, the court may, at the Minister's request, prohibit entry if it poses a real danger to state security or public welfare and no other means can prevent it. No prohibition shall issue where justice considerations outweigh the danger. The hearing then proceeds in the citizen's absence, without affecting their right to appoint a lawyer.

(2) The order lasts no more than three months or until decision on cancellation, whichever is earlier. At the Minister's request and under the same conditions, extensions may total no more than three additional months.

(d2) If the Minister informs the court that a subsection (b)(2) application concerning a citizen permanently abroad is being considered and entry poses such a real danger, the court may prohibit entry pending filing if no alternative prevents the danger. The application must be filed within 15 days of the notice; the court may extend that period at the Minister's request.

(d3)(1) A citizen whose citizenship was cancelled in their absence and without a lawyer they appointed under subsection (d)(1), (d)(2) or (d1) may seek to set aside the decision within 45 days of learning of it.

(2) The court may summarily reject that application, on the application alone or after the Minister's response, if it finds delay in the circumstances.

(3) An application not summarily rejected shall be heard with the parties present, subject to subsection (d1).

(e) For recorded reasons, the court may depart from evidence rules and receive evidence without the citizen or representative present or without disclosing it, if inspection or argument satisfies it that disclosure could harm state security, foreign relations or an important public interest and nondisclosure better serves justice. The court may inspect the evidence or hear explanations privately before deciding. If confidential evidence is admitted, a summary shall be given to the citizen or representative insofar as possible without that harm. Such hearings are closed unless the court orders otherwise.

(f) Cancellation takes effect when the judgment can no longer be appealed, or on a later date set by the court.

(f1) Notwithstanding other law, the court hearing cancellation may also hear the Minister's direction for that person under subsection (b)(2) or section 11A(a).

(g) The Minister of Justice may prescribe procedural rules.

(h) The Minister of Interior shall appoint an advisory committee headed by a retired judge or a person qualified to be a Magistrates' Court judge, to advise on decisions and applications under this section.

(h1) The Minister shall report annually to the Knesset Interior and Environmental Protection Committee on: (1) cases satisfying subsection (b1)(1)(a) and (b) in which no cancellation application was filed, and the reasons; and (2) court decisions on subsection (b1) applications.

(i) The Minister may amend the Schedule with that Committee's approval.

11A

(a) Where a person is convicted of an offence the court finds to be a terrorist act under the Counter-Terrorism Law, or an offence under Penal Law sections 97 to 99, 101, 112 or 113(b), the court may, at the Minister's request, cancel citizenship in addition to other punishment, provided this does not leave the person stateless. If it does, an Israeli residence permit shall be issued as directed by the Minister. A person permanently abroad is presumed not to become stateless.

(b) Section 11(c) and (f) applies to the application and cancellation with necessary modifications.

(c) This does not limit the Minister's power under section 11(a).

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Loss of citizenship does not remove liability arising from citizenship before it was lost.

Chapter III: Additional provisions

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Adult means a person aged at least 18, or a married person under 18. Minor means an unmarried person under 18. Except in section 4, child includes an adopted child and parents include adoptive parents. Foreign citizenship includes foreign nationality, and foreign citizen includes a foreign national but not a Palestinian citizen.

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(a) Except for naturalisation, acquiring Israeli citizenship does not depend on renouncing prior citizenship.

(b) An Israeli citizen with foreign citizenship is treated as an Israeli citizen for Israeli law.

(c) An Israeli resident living abroad remains an Israeli resident for this Law until settling abroad.

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(a) A citizen may obtain a citizenship certificate from the Minister.

(b) Israeli citizenship shall be recorded in the identity card unless the person requests otherwise.

15A

A decision under this Law by an authority listed in the Schedule to the Entry into Israel Law, 5712-1952, on a matter listed there, may be appealed under Chapter IV1 of that Law.

16

Knowingly supplying false particulars concerning acquisition or loss of one's own or another's Israeli citizenship is punishable by up to six months' imprisonment, a fine of up to 500 pounds, or both.

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(a) The Minister of Interior implements this Law and may make implementing regulations, including fees and exemptions.

(b) The Minister of Justice may regulate District Court proceedings under this Law, including appeals.

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(a) The Palestine Citizenship Orders, 1925-1942, are repealed from establishment of the State.

(b) Enactments referring to Palestinian citizenship or citizens shall be read as referring to Israeli citizenship or citizens.

(c) Acts done between establishment of the State and commencement of this Law remain valid if they would have been valid had this Law been in force when done.

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(a) This Law takes effect on 21 Tammuz 5712 (14 July 1952).

(b) The Minister may make regulations beforehand concerning declarations under section 2(c)(2).

Schedule

Section 11: Iran, Afghanistan, Lebanon, Libya, Sudan, Syria, Iraq, Pakistan, Yemen and the Gaza Strip.

Immigration legislation

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