A personal reflection on “How the Interior Ministry Mistreats Israelis’ non-Jewish Spouses
By Ferdie L. Bravo
Every country and government has its own sets of laws which the entire citizenry must follow and abide. There are laws that might not be favorable to certain people, and there are those that are advantageous to others, but the bottom line why laws are created and implemented is to have peace and order for the benefit of the populace, so as to avoid discord amongst the people that may lead to strife and conflict.
Undoubtedly, no one is above the law. If someone killed or committed a crime against someone, he/she should receive corresponding punishment for the misdeed. Even if he is the highest official of the nation, he should be given due punishment for a wayward act according to the law of the land.
But what if the law forbids you to marry someone you truly love? Will you pass up the chance to spend the rest of your life with that special person? Will it constitute violation of your simple human right to love and be loved in return? I’ve heard and seen how love transcended creed, race and belief… even the law of the land. For two people in-loved, there is no law that can prevent them in showing their affection towards each another…
As a former foreign worker in Israel, I know my previous experience when applying for a working permit/visa at the Interior Ministry is shared by most migrant workers. Sitting opposite a clerk in any Interior office is somewhat nerve-wracking, especially if the guy or gal behind the desk flashes his/her famous antagonistic face which gives you the feeling of getting ready to be grilled, fearing any slight mistake in the submitted papers will serve as basis for the cancellation of your chance to work in Israel.
However, that feeling is incomparable compared to a foreigner living with or married to an Israeli, and who is applying for permanent residency or citizenship. Judging from the observations of acquaintances and friends who tried to undergo naturalization process, Focal’s cover story last issue, “How the Interior Ministry Mistreats Israelis’ Non-Jewish Spouses,” simply confirmed the truthfulness of their experiences.
“The Interior Ministry is not interested in marriage between Israeli citizens and non-Jewish citizens of foreign countries, judging from the bureaucracy experienced by those trying to become citizens or to become Israeli residents,” the article begins…
Well, we cannot blame the people who themselves passed through the most painstaking of examinations into their personal lives… just so they could continue the consummation of their unity with their Israeli spouses… all in the name of love.
I’m sure no one wants to be ‘tied’ to someone they do not like or love forever, and that those couples lining up in the corridors of the Ministry have feelings for each other, otherwise it is pure foolishness and blunt stupidity to wait for long hours just to have an appointment with a clerk, collect the necessary documents as required by the office, wait many years for the result, and spend thousands just to acquire those seemingly impossible-to-produce legal documents.
The arduous lengthy process of naturalization of the non-Jewish spouse starts instantly as soon as they work to collect the requirements asked by the office. For some it may seem excessive, but they have no choice except to abide by the regulations imposed by the Interior.
Some of the requirements they oblige applicants to produce include: Birth Certificate, Marriage Certificate, Certificate of Good Moral Character, and Personal Status (like proof of singleness). These are not just documents required to be presented in the ministry but they must also be authorized and certified by an official in the country of origin of the immigrant-spouse or partner.
However, there are countries that do not issue certain documents as required by the government of Israel. Thus, “…obtaining the list in an orderly manner is an almost impossible task”, said one subject interviewed in the article.
Sometimes, just obtaining the documents themselves jeopardizes the entire process because it is possible that the Interior Ministry requires a document that does not exist. In some cases, obtaining one ‘simple’ document takes months and costs a lot of money, and if the couple couldn’t bear with the burden they could just simply scrap their plan altogether.
I asked a close friend about the status of her husband, now that they already have a one-year-old child. She said that the wait is very frustrating and sometimes it takes toll on their financial resources because of the lawyer’s fees and other miscellaneous expenses. Not only that, she disclosed that the couple’s interview part is terrifying as they have to memorize each other’s likes and dislikes, their ways and ordinary routine every day, lest any insignificant mistake or errant answer may represent ground for denial of their application.
Answer to questions such as: “What is your spouse’s favorite coffee? What did your spouse eat last night? What is his/her annoying mannerism? What do you like most in your spouse?” and other seemingly petty things (sometimes more intimate) that might be asked by the clerk should be memorized by both, which is tantamount to calling the interview portion an “invasion of privacy”.
Even if they have been living together for many years and have children already, still, the couple needs to present relevant proofs of their dwelling together such as electric and phone bills, bank statements, apartment/lease contract, shared pictures in various events, a detailed explanation on how they met, and letters from friends and family attesting to the authenticity of their relationship.
However, applicants cannot be complacent knowing they hold everything the Interior requires, since the final decision still rests solely on the interviewer’s impression. They have the power and the applicant’s fate rests on the clerk’s hand.
As applicants observed, the atmosphere emanating from the room in the visa/naturalization section of the Interior Ministry simply implies, “We don’t want you here. We will make it as difficult as possibly can for you.” Adhering to the vows of the previous heads of the Interior Ministry in maintaining the Jewish character and identity first and foremost, one can understand the strict and complicated process by which non-Jew spouses/partners undergo through. Israelis who fall in love with people without Israeli citizenship and seek to obtain permanent residency for them, will quickly discover that the State of Israel does not take kindly to non-Jews. He/she will have to endure years of hassles before attaining permanent residency, let alone citizenship.
Immigration is not simple in any country, but in Israel’s case, a unique combination of a lack of an immigration policy, overload and inefficiency, excessive suspicion and a lack of uniformity among the offices across the country, and what looks like an attempt to buy time by the Interior Ministry – will lead the couples involved down the long and complicated process of convoluted bureaucracy. Evidently, time is of importance as couples might split up or despair simply because they’re sick of the feet-dragging.
Some observed that those who are well-educated and well-off, who are assisted by a lawyer, and who fall in love with either a U.S. or Western European citizen, will usually receive better treatment than an African, Asian or Latin American. Racism, they claimed, is evident with the way clerks treat applicants according to their looks.
The problem related by Israeli attorneys point to the lack of proper law, and that immigration is regulated. But the downside of regulation is that it is constantly changing. They said there is no uniformity between offices, and even if an applicant obtained all the required documents, some may request another document which makes it unpredictable. It’s like you are caught inside a labyrinth and you are at a lost as to where the exit is.
While some applicants understand the way clerks treat each application, saying they didn’t experience impoliteness and hostility and that these examiners are just doing their jobs required of them, there are those who poke blame to the clerks for making it harshly difficult for them and who make them feel they are at their mercy and their fate lies in their hands.
The suspicion by which every couple-applicant is scrutinized by the clerks betrays the fact that they have all the power to approve or disapprove any application for residency or citizenship. As Noga observed, “There isn’t a country that’s easy to emigrate to, and I don’t think we should let everyone in, but until I went through it myself, I did not think that our country was so closed and suspicious. In every office the requirements are a bit different and you are completely at the mercy of the clerk’s mood.”
An applicant inputted, “You do not just come and present documents, and answer some questions. You come and put on performances to win over the clerks; present a relationship that is not necessarily the real one, but what they want to see.”
“It is always accompanied by suspicion and unpleasant investigations which are very personal as if we are trying to cheat. Another document after another document… details of phone calls, letters from family members, photos. It’s too personal.” another applicant divulged.
To which the Ministry answered: “Documents proving cohabitation are one of the tools required to examine the relationship and are not a substitute for a meeting with the couple, and conducting the interview. When evaluating a candidate for citizenship or residence within its territory, it’s the State’s duty to determine the required tools for the process of receiving the status. Interviews are conducted for people, by people, and naturally every interview is different, where the basis for all interviews is the same. It is a bit puzzling to demand that all interviews be identical in all aspects, and this demand ignores that human beings are involved in the process.”
Another exasperated Israeli concluded, “The very fact that I am going through this whole nuisance, isn’t because my partner is not Israeli, but rather it’s because of his religion – which is unacceptable to me. Many countries have quotas, but the emphasis on religion is what makes this process so racist. This racism is directed towards all non-Jews and also towards me, because I’m the one that brought the non-Jew to the State of Israel.”
The Interior Ministry dismissed the claim saying, “The ultimate authority that determines immigration policy is the government of Israel and with it the court rulings. However, the individual issues are handled by the Population and Immigration Authority. The gradual process has existed for many years, even before MK Yishai entered his position, and therefore the references to his stance are improper and stem from personal opinions. The process is intended for ‘Non-Israelis’ and has no connection to Judaism.”
In hindsight, whoever enters into a relationship with an Israeli must be prepared at the consequences of their action and expect a long and winding road in going through the procedures. Based on the current manner by which the Interior Ministry treats each application, someone intimately involved with an Israeli must be prepared to prove the authenticity of their relationship over and over again, to obtain any document required by the office even if it is unattainable, to give up work days in order to wait for long hours at the office and pray not to be stuck with a clerk who is strict or particularly suspicious.
Israel’s lack of explicit policy regarding immigration of non-Jews married or living with an Israeli citizen must be tackled by the local government so as to prevent the mistreatment of applicants and destroy the bubble created by the ‘racist’ impression. They should set proper regulation and consider the humanitarian aspect in setting the rules. Human dignity and the preservation of the sanctity of marriage or unity and the right to family life must be emphasized and given prime importance.
The Ministry must also oblige its office branches across the country to follow a specific SOP in dealing with each case, and lessen the time by which they make these couples suffer the agony of waiting especially when children are already involved.
If the office can prove that there is no romantic loving relationship in sociological terms between the couple, there is no reason why they cannot deny such application. Love is a trait and a character of every human being; a gift bestowed upon us by the loving Creator. It should not be suppressed by some sets of rules but it should be shared with someone. It is such a wonderful thing that needed to be expressed by couples, because without love, life is meaningless. Should one be punished for loving someone of different ethnic background or faith? Should different beliefs cause the reason for the collapse and separation of families? More importantly, should LOVE collide with the LAW in determining the destiny of couples’ relationships?
Therefore, if the Interior Ministry has proven beyond reasonable doubt about the authenticity of every relationship applying for recognition in the State of Israel, why do couples need to pass through the agony and misery of endless waiting? They, too, like the clerks manning the table for naturalization are human beings with feelings and emotions, and who needed to be respected for their basic human rights. Why the double standard with regards to which race and country the Israeli’s partner came from?
Certainly, there are many ways to disprove a relationship if they stick with their suspecting approach, and it’s understandable why each application is treated with suspicion. But if there are already children involved in their union, common sense dictates that the couple have been living together intimately and passionately for years. Just a DNA examination as to determine the parental upbringing of the child is enough evidence that the child is a product of both parents. In that case, the couple must be spared of irrelevant papers thus saving them time, money and effort in the process. Aren’t children enough proof on the veracity of their marriage to warrant approval on their request for permanent residency or citizenship for the non-Jew partner?
I just hope that countries and nations around the world will uphold and respect every human being’s right to live happily… to build and start a family… and that includes the privilege to choose your partner or spouse for life!