Protocol Update: Permanent Residents Face One-Year Delay for Citizenship

On December 1, 2024, the Population and Immigration Authority introduced an amendment to Protocol 4.4.0001 – “Procedure for processing a naturalization application according to sections 5,6,8 of the law”, which applies to naturalization applications of permanent residents, including international couples who completed the gradual process with a permanent resident status.

The amendment revised section ג.3.11 to state the following condition: “the applicant must lawfully hold permanent residency status for at least one year…”. adding a requirement for individuals to hold permanent residency for at least one year before applying for naturalization. This change primarily affects non-married couples and same-sex couples, as these segments MUST pass through the permanent residency status on their way to the Israeli citizenship.

AIC has been following the developments around this amendment, hoping it would not be applied to partners of Israelis that completed the gradual process. Unfortunately, in the last month AIC received a few inquiries from international couples who have tried to apply for citizenship after receiving permanent residency, and were refused by PIBA clerks, citing the new requirement to spend at least one year with the permanent resident status. Shockingly, the same treatment was applied to married couples who completed the process as permanent residents, despite the fact protocol 4.4.0001 does not even apply to them.

After learning about the practical implications of this unjust policy on international couples, AIC has sent today an official inquiry to PIBA’s CEO office and headquarters in Jerusalem. In our letter, we have emphasized that the refusal of PIBA clerks to process naturalization applications of permanent residents who are partners of Israelis is unlawful, and stands in contradiction to PIBA’s own protocols.

Click here to read AIC’s official inquiry to PIBA.

Firstly, we argued that protocol 4.4.0001 does not at all apply to permanent residents who are married to Israeli citizens (including married same-sex couples), as this segment has its own specific naturalization protocol (which does not include the new discriminatory wait condition).

Secondly, specifically regarding married same-sex couples, we have highlighted that any wait requirement stands in stark contrast to the agreed verdict in Supreme Court Petition 5075/15, that equalized the conditions of the gradual process for same-sex married couples to those of heterosexual married couples.

Lastly, regarding non-married couples, we argued that the protocol includes specific conditions and exemptions that make eligibility for citizenship contingent solely on the continuation of the relationship, without imposing a specific time requirement. Therefore, we asserted that citizenship applications for partners of Israeli citizens should be accepted and processed as long as the relationship between the permanent resident and the citizen remains ongoing.

Recognizing these legal contradictions and arguments, we have required PIBA to release a clear statement regarding the recent denials of international couples who tried to submit citizenship applications, and to amend the protocol to explicitly state the one-year rule does not apply to partners of Israelis who completed the gradual process.

In case PIBA will fail to release a clear statement that partners of Israelis who completed the gradual process are exempt for this harmful policy, AIC will have no choice but to challenge this policy at the court.

AIC is actively collecting testimonies from affected couples and engaging with other organizations about the impact of this amendment. We are determined to fight for the rights of international couples and to ensure that the right of permanent residents to naturalize isn’t further delayed. If you have been affected, please urgently contact AIC.

This case highlights the need for a dedicated organization representing the interests of international couples. These efforts require extensive legal work—to support, please join us as a donor TODAY.

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Adv. Lior Beres
Articles: 116

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