Residency test for East Jerusalem

Is deemed Israeli resident a person whose center of life and majority of ties are located in Israel.

Since the National Insurance Law does not give a definition of an Israeli resident, when reviewing the determination of Israeli resident status, we hence rely on the jurisprudence of the courts.

To be considered Israeli resident, one must pass two tests, verifying the center of life:

  • Objective test - are his place of residence, family, work and assets located in Israel.
  • Subjective test - where is, in the individual's personal view, the center of his life.

It is important to know that an individual won't be recognized Israeli resident unless he stays legally in Israel and hold one of the visa types bestowing residency: Israeli citizenship, permanent residence permit , visa of category A/1, A/2, A/4 and A/5.

Residency test for residents of East Jerusalem

In Israel, the Population Authority is the competent body in order to establish the nature of residence permit for any individual in Israel, and in that context, it is the competent body to determine to determine who is entitled to hold a permanent permit. A permanent resident permit holder may be deemed an Israeli resident under national insurance law and other laws, whose enforcement is under the responsibility of the National Insurance Institute, on condition that his center of life is in Israel.

Without information about his entrances and exits between the territories of Israel and those of the Palestinian Council, residence is examined by the National Insurance Institute based on factual basis and legal tests set forth by jurisprudence and which involve, among other requirements, existence of a permanent residence within the borders of the State of Israel.

In some cases, a resident of East Jerusalem will be asked to prove the existence of a permanent residence within the jurisdiction of Jerusalem municipality or within the territories of Israel. In the framework of the "center of life" test, the resident will have to complete a questionnaire and attach supporting documents.

Below are a sample of situations that may lead, in principle, to the existence of a center of life in Israel or, on the contrary, of a center of life outside of Israel:

  • Ownership certificate on an apartment in Israel / lease contract on an apartment in Israel.
  • Electricity/water consumption bills, that are reasonable and supporting the existence of a permanent residence in Israel (family size is also involved in the assessment).
  • Job in Israel.
  • Children are integrated in education institutions in Israel.
  • Living residency registered in the municipality of Jerusalem with respect to Arnona payment (municipal tax).
  • Ownership of an apartment located within the territories of the Palestinian Council/outside of the perimeter of jurisdiction of the municipality of Jerusalem (real estate serving as residence and not investment).

It must be stressed that each file is examined on a case by case basis, depending on circumstances, as well as on the probative value granted to each situation.

When a resident of East Jerusalem is asked to complete a questionnaire, it is important to fill it out carefully and see to it to provide all evidences likely to prove the existence of a center of life in Israel.

Once documents have been submitted, one of the following decisions will be ruled:

  • Claim approval.
  • Request to complete documents.
  • Claim denial - you will be sent a letter mention your right to be heard.

Whether we dismiss the appeal you have filed or you decide not to file an appeal before the National Insurance Institute - you are the right to file an appeal before a Regional Labor Court, within 12 months.

A resident of East Jerusalem who live in the separation barrier area in Jerusalem - may be deemed Israeli resident under certain conditions. For further information, see Institute's Circular 1464 (in Hebrew).