Criminal Record and Aliyah to Israel: Myths, Questions, and Legalities

If you have a criminal record, can you make aliyah to Israel? The simple answer is that it depends.

If the person applying for aliyah has a criminal record, they can probably still make aliyah but expect some difficulties in the process.

In this post, Israeli immigration lawyer, Joshua Pex Esq will discuss the questions and legalities if you want to make Aliyah with a criminal record.

The High Court of Justice ruled on numerous cases where Aliyah candidates had a criminal record. Those cases led to the creation of the “consideration procedure.”

Here are the principal High Court conclusions:

• Not all criminal records are equal. A person with a criminal record doesn’t necessarily threaten public safety. The danger is determined by the crimes and the circumstances surrounding the crime.
• The High Court orders to examine the individual’s level of danger to the public on a case by case basis. The High Court entrusts the clerks at the Ministry of the Interior to take into consideration multiple factors.

  These factors include:

  • How severe was the criminal offense
  • The frequency of the criminal behavior
  • How long ago was the crime committed
  • Likelihood of repeating the same crimes
  • Rehabilitation

So having a criminal record is not the only factor in deciding whether to grant or deny the Aliyah application. There are several other factors that should be given weight during the considering process.

The consideration process for Aliyah applicants with a criminal record became official on May 1, 2014.

This process requires the Ministry of Interior clerks to investigate the severity and the date of the crime. Obviously, the danger index rises based on the time and seriousness of the crime.

If the crime was committed long ago, but the Aliyah applicant was recently released from prison, their application will likely be rejected.

On the other hand, positive outcomes are significantly higher when the Aliyah applicant shows signs of rehabilitation.

You can appeal the decision with the Ministry of Interior local office. The Population and Immigration Authority will review your case and decide whether to grant your appeal.

Most times, the Aliyah applicant with a criminal record will be granted temporary residency on a trial period at first. The trial period serves to determine if the applicant is continuing their illegal activity in Israel.

If the applicant for Israeli citizenship passes the trial period without trouble, they will be eligible for permanent Israeli status or citizenship.

It’s worth noting that this process is lengthy and may take up to a year or more before it’s resolved.

If you want to make Aliyah and you have a criminal record, don’t hesitate to reach out to assess your case. Our office is experienced in immigration to Israel cases, and we’ll be happy to help you reach your goal.

This is a complicated question. The person with the criminal record could very well qualify for the Law of return, but there’s no guarantee it’s enough.

Israel’s existence is all about being a safe space for all the Jewish people. However, as history has shown, sometimes those who fled to Israel were involved in criminal activities in their homeland. Israel doesn’t want to become a shelter state for criminals. It should also be noted that Aliyah is not an absolute right but rather an opportunity.

Even if you don’t report it, criminal background checks are standard for all immigration applications to Israel.

This article will discuss the options of those with a criminal record wishing to make Aliyah to Israel.

The Law of Return is the very core of the existence of the State of Israel. The purpose of the Law of Return was to realize the Zionist dream. The dream where all the diaspora Jews can return to live in their ancestral homeland. But what about jews that are eligible for aliyah but have a criminal record?

The Law of Return states, “Every Jew is entitled to immigrate to the land [of Israel].” So, where is the line between realizing the Zionist dream and allowing all Jews to make Aliyah and endanger public safety? This is why over time, some clauses were added to the Aliyah procedure.

The purpose of the immigration policies is to keep order and maintain public safety. Like many other countries, Israel makes immigration policy changes to ensure public safety.

Consequently, Israel reserves the right to deny entry or citizenship applications in some cases despite eligibility for the Law of Return.

Article 2(b) of the Law of Return asserts that an entry visa will not be granted to a person with a criminal record that may pose a risk to public safety. The State of Israel is a small country with limited resources and doesn’t have time, money, or desire to shelter criminals. So Israel must be cautious with those who want to immigrate but have a criminal record.

This is why the Israeli government carefully examines whether Aliyah candidates who want to benefit from the law pose a threat to the public.

The High Court of Justice ruled on numerous cases where Aliyah candidates had a criminal record. Those cases led to the creation of the “consideration procedure.”

Here are the principal High Court conclusions:

• Not all criminal records are equal. A person with a criminal record doesn’t necessarily threaten public safety. The danger is determined by the crimes and the circumstances surrounding the crime.
• The High Court orders to examine the individual’s level of danger to the public on a case by case basis. The High Court entrusts the clerks at the Ministry of the Interior to take into consideration multiple factors. These factors include:
• How severe was the criminal offense
• The frequency of the criminal behavior
• How long ago was the crime committed
• Likelihood of repeating the same crimes
• Rehabilitation

So having a criminal record is not the only factor in deciding whether to grant or deny the Aliyah application. There are several other factors that should be given weight during the considering process.

The consideration process for Aliyah applicants with a criminal record became official on May 1, 2014.

This process requires the Ministry of Interior clerks to investigate the severity and the date of the crime. Obviously, the danger index rises based on the time and seriousness of the crime.

If the crime was committed long ago, but the Aliyah applicant was recently released from prison, their application will likely be rejected.

On the other hand, positive outcomes are significantly higher when the Aliyah applicant shows signs of rehabilitation.

You can appeal the decision with the Ministry of Interior’s local office. The Population and Immigration Authority will review your case and decide whether to grant your appeal.

Most times, the Aliyah applicant with a criminal record will be granted temporary residency on a trial period at first. The trial period serves to determine if the applicant is continuing their illegal activity in Israel.

If the applicant for Israeli citizenship passes the trial period without trouble, they will be eligible for permanent Israeli status or citizenship.

It’s worth noting that this process is lengthy and may take up to a year or more before it’s resolved.

If you want to make Aliyah but you have a criminal record, don’t hesitate to reach out so we can assess your case. Our office is experienced in immigration to Israel cases, and we’ll be happy to help you reach your goal.