Same-sex couples: foreign partner status, married vs. common-law pathway, evidence, graduated procedure.
Same-sex couples where one partner is an Israeli citizen or resident and the other is a foreign national need to regularize the foreign partner's status with the Population and Immigration Authority, just as opposite-sex couples do. However, because Israel does not perform civil marriages, including same-sex marriages, within its borders, unique questions arise concerning how the spousal relationship will be examined for purposes of the status process. In this article we review, based on official procedures and established case law, the relevant pathways, the required evidence, and the practical challenges that may arise.
Israel does not permit civil same-sex marriages within the country; however, the Supreme Court has held that same-sex couples who married in a foreign country that recognizes such marriages, and who presented an official marriage certificate, are entitled to be registered in the Population Registry as "married" (HCJ 3045/05, Ben-Ari v. Director of the Population Registry, 21.11.2006). A registrar cannot refuse registration solely because the couple is of the same sex, since the function of the Population Registry is statistical registration only and does not constitute a legal determination as to the validity of the marriage.
This principle was reaffirmed in recent years: in Admin. Appeal 7368/22, Ministry of Interior v. Brill, 7.3.2023, it was held that the registrar's refusal to register as married a couple who presented an authenticated public marriage certificate from the State of Utah, for a ceremony conducted by video conference, was unlawful — since it is not the registrar's role to resolve complex legal questions regarding the place where the ceremony was performed or its validity.
It is important to note: registration in the Registry does not by itself confer immigration status on the foreign partner. In order to obtain status in Israel, a separate application must be filed within the appropriate procedures of the Population and Immigration Authority.
To register the marriage in the Population Registry, the original marriage certificate from the foreign authority must be presented, bearing an apostille authentication (or consular authentication in countries not party to the Hague Convention), and a notarized translation to Hebrew if the certificate is not in Hebrew or Arabic. If only one of the couple is an Israeli citizen, it suffices for the Israeli spouse to appear for purposes of filing the registration application.
The procedure governing this issue is Procedure 5.2.0009 (Procedure for Regularizing Status for Spouses of Israeli Citizens, Including Same-Sex Spouses). Contrary to common assumption, applications from same-sex partners are examined under this procedure whether or not they married abroad — not under Procedure 5.2.0008 (Procedure for Granting Status to a Foreign Spouse Married to an Israeli Citizen), which applies to marriages falling within section 7 of the Citizenship Law, 5712-1952. However, the Procedure distinguishes between two pathways in terms of the length of the graduated process:
• Same-sex couples who married abroad and presented an original, authenticated marriage certificate – the graduated process lasts four years on an A/5 temporary residence permit. During the examination of the application on its merits, a B/1 permit is generally granted for a period of up to six months, which is not counted within the graduated process. • Unmarried couples (common-law partners) – where the inviting partner is an Israeli citizen, the graduated process lasts three years on a B/1 permit followed by four years on an A/5 permit; where the inviting partner is a permanent resident, it is four years on a B/1 permit followed by five years on an A/5 permit (section ז.1 of the Procedure).
In both pathways, the process concludes, once all conditions are met, with a permanent residence permit rather than citizenship (section ח.9 of the Procedure). Alongside this, section 8.7 of Procedure 4.4.0001 (Naturalization under sections 5, 6 and 8) provides that common-law partners of an Israeli citizen, including same-sex married spouses, who received a permanent residence permit at the conclusion of the graduated process, may apply for naturalization immediately upon receiving permanent residency, so long as a genuine spousal relationship continues, and that their naturalization will not be conditioned on renouncing their other citizenship.
The term "common-law partners" refers to partners who maintain a family lifestyle resembling marriage, without being formally married. Case law has developed over the years flexible standards for examining the relationship: the existence of a binding romantic-emotional relationship, shared household management, and social recognition of the couple by those close to them as partners. An intention to marry in the future does not by itself constitute clear evidence of shared life in the present. Case law has explicitly held that same-sex partners are included in this definition for all purposes, and must meet the same standards.
In examining an application through the common-law partners pathway, the Population Authority typically examines a range of evidence, including: registration as common-law partners with the National Insurance Institute, a cohabitation agreement between the partners, documents evidencing shared residence and shared household management, and affidavits from third parties evidencing public recognition of the partnership. Registration with the National Insurance Institute as common-law partners generally eases the burden of presenting additional evidence.
In case law it has been held that separate residences do not by themselves preclude recognition as common-law partners, provided that genuine and continuous spousal relationship is proven. Thus, a regional labor tribunal in Tel Aviv recognized same-sex partners as common-law partners for purposes of a spousal pension, despite each holding a separate apartment, after evidence was presented of genuine shared life in practice—time spent together, shared purchases and events, and a will explicitly stating that the parties were common-law partners (Labor Appeal (Regional Tel Aviv) 3438-09-10). This determination is relevant also, with necessary modifications, to examining applications for status before the Population Authority, as it involves the same conceptual framework of "common-law partners."
Beyond the general requirements applying to all foreign partners, same-sex couples may encounter specific difficulties: when the foreign partner comes from a country that does not recognize spousal relationships between same-sex couples at all, difficulty may arise in obtaining official documents confirming the relationship (such as a marriage certificate or civil partnership certificate) that can be authenticated with an apostille and translated by an authorized translator. Additionally, in cases where the foreign partner previously held a different marital status in their country of origin, an additional investigation procedure may be required.
The Procedure requires that civil-status certificates be original, authenticated and translated, and that they were issued within the preceding six months, and that both partners' marital status be unattached — single, widowed or divorced (section ג.1 of the Procedure). For partners who are married to each other, it has been established that updating the inviting partner's marital status in their country of origin is not a condition for opening the process, but as a condition for its conclusion the partner will be required to produce an updated certificate of marital status from the country of origin. Once a request to complete documents is sent, the Procedure allows 45 days for their submission, and failure to meet the deadline may lead to cancellation of the application and outright refusal. The individual examination of circumstances depends greatly on the country of origin and the documents actually available, and it is therefore recommended to examine each case individually with a legal advisor.
HCJ 5075/15, Gay Fathers Association v. Minister of Interior, 8.12.2016, concerned a demand to apply the married-couples procedure to same-sex partners. During the proceedings, and following a discussion attended by the relevant bodies headed by the Attorney General, the State announced that the graduated process for same-sex couples presenting original, authenticated marriage documents from abroad would be set at six months on a B/1 permit and four years on an A/5 permit — a period equivalent to that of a married couple to whom section 7 of the Citizenship Law applies. The Court noted that the remaining difference is that the naturalization application is filed only upon receiving permanent residency, but it may be filed immediately, even on that very day.
In Appeal (Tel Aviv) 1608-22 (17 May 2023), an appeal was accepted by a same-sex female couple whose application to enter the graduated process had been refused. The Appeals Tribunal for immigration matters held that the Authority's decisions were void, among other reasons because it had disregarded the full body of evidence submitted — lease agreements and residence confirmations, joint accounts, medical records, and affidavits from family members and friends — and because it gave excessive weight to the appellant's previous relationships with men and to the age gap between the partners. The Tribunal ordered that the graduated process begin retroactively, from the date on which the Authority should have issued an approving decision.
In Appeal (Beersheba) 3685-23 (15 Jul 2024), the Appeals Tribunal reviewed a decision to discontinue the process of a same-sex female couple due to contradictions that arose during an interview. The Tribunal held that the contradictions — including sleeping in separate rooms for medical reasons, the description of the residence, and the extent of the partners' familiarity with financial matters and the LGBT community — were not material enough to justify discontinuing the process, and ordered that examination of the relationship continue, subject to the deposit of a guarantee. An earlier decision in the same matter had already criticized embarrassing questions put to the appellants at the interview that were not at all necessary to establish the genuineness of the relationship.
The process of regularizing a foreign partner's status, whether through the married pathway or the common-law partners pathway, involves submission of numerous documents, compliance with deadlines, and sometimes navigating complex evidentiary requirements—particularly when documents from a foreign country are involved. Professional legal guidance can help identify the appropriate pathway for the specific circumstances of the couple, organize the necessary documentation, and respond to inquiries from the Population Authority during the examination. Our office represents couples in these proceedings before the bureaus and the Appeals Tribunal.
The application is examined in every case under Procedure 5.2.0009, but the Procedure distinguishes between those who are married and those who are not. A couple who married in a country recognizing such marriages and presented an original, authenticated marriage certificate benefits from a shorter pathway. In the absence of recognized marriage documentation, the relevant pathway is common-law partners, which is based on proving shared life.
For same-sex couples who married abroad, the graduated process under Procedure 5.2.0009 lasts four years on an A/5 permit, in addition to an examination period of up to six months on a B/1 permit that is not counted. For unmarried couples, where the inviting partner is an Israeli citizen, the process lasts three years on a B/1 permit followed by four years on an A/5 permit. In both pathways, the process concludes with a permanent residence permit, and an application for naturalization may be filed immediately upon receiving it.
No. Registration in the Population Registry is a statistical procedure only and does not confer immigration status. A separate and complete application must be filed with the Population and Immigration Authority to regularize the foreign partner's status in Israel.
Separate residence does not automatically preclude recognition as common-law partners. Case law has recognized situations where convincing evidence of genuine shared spousal life was presented despite separate apartments, provided that other components of the spousal relationship are present.
The Population Authority procedure governing status for spouses of Israelis explicitly addresses same-sex partners, and therefore the general examination framework is identical. However, applications from same-sex partners are examined under Procedure 5.2.0009 even when the partners are married, rather than under the married-couples Procedure 5.2.0008. In addition, specific circumstances relating to the foreign partner's country of origin may affect how required evidence is gathered.
There is no single answer, and the choice depends on the particular circumstances of the couple, including the duration of the relationship, availability of documentation and their long-term intentions. It is recommended to review the concrete facts with a legal advisor before filing an application.