The Right to Family Unity
Inside Israel:
Ministry of Interior
Answers ARTICLE 74
On May 10, 1992, a letter
was sent to the Ministry of Interior in which we raised a number of questions
concerning the residency rights of spouses of Arab citizens in Israel and
asked for clarifications regarding several cases. For two months, this
letter remained unanswered. A second letter was sent on July 20, and finally,
on December 17, it was found worthy of an answer. It took the Ministry
of Interior more than half a year to respond to our questions.
In the first lines of his
letter, Mr. David Efrati, Director of the Population Administration in
the Ministry of Interior, informs us of the good news that three of the
four cases presented by us have been solved, and that the women received
(or are in the process of receiving) permanent residency status in the
State of Israel. The fourth case was not approved, in his words, because
of the husband’s criminal record. All this we knew already in June, when
the Ministry of Interior hurried to solve all those cases which the Alternative
Information Center had presented at a press conference held on the occasion
of the publication of its report about residency problems faced by foreign
spouses of Arab citizens.
More interesting are those
answers by the Director of the Population Department which refer to our
general questions. For example, we had asked in our letter:
“According to the Israeli
government, is the principle of Family Reunification applicable to Jews
only?”
The answer given by this
high-ranking official states:
“The principle of Family
Reunification is applicable also to non-Jews ... if they are members
of the family of the Jewish person (who was born to a Jewish mother,
or who converted to Judaism and does not belong to any other religion)
...”
Another example:
“What is the fate of an
Israeli citizen who is not covered by the Law of Return, who falls in love
with a non-Israeli woman, and wishes to establish a family together with
her? Does he have to chose between his love and his homeland?
Mr. Efrati’s answer:
“Love as such does not grant
rights to the foreign spouse of a citizen, these follow only after his
marriage”, something which is certainly incorrect, given the growing number
of citizens who married their foreign spouses and are still unable to obtain
residency permits for their wives.
Regardless we feel that our
letter has moved matters a little in the Ministry of Interior, because,
although Mr. Efrati writes that, “there is no need for new legislation
regarding the issue”, he concludes:
“Finally, I instructed all
those handling the matter, to do as much as possible to speed up the treatment,
and to act to shorten the procedures of other, similar cases.”
Inshallah! |