Resolving the Military Status of Children of Immigrants in the IDF

Advocate Emanuel Trach offers expert legal services to help children of immigrants (בני מהגרים) resolve their military status with the Israel Defense Forces (IDF). His services focus on deferrals, exemptions, and legal representation, ensuring that clients understand and fulfill their obligations while protecting their rights.

This comprehensive guide explores the legal framework governing military enlistment in Israel, the specific provisions for children of immigrants, and the critical role Advocate Trach plays in assisting clients with their military status resolution.

Who Are “Children of Immigrants” (בני מהגרים)?

According to IDF guidelines, children of immigrants are individuals whose parents have left Israel, obtained residency or citizenship in another country, and raised their children abroad. These individuals may hold Israeli citizenship or permanent residency, making them subject to Israel’s military service laws.

Definition (as per the IDF):

"Children of immigrants are defined as those born in Israel or abroad to Israeli citizens who have resided outside Israel for an extended period and acquired legal residency or citizenship in a foreign country."

Legal Framework Governing Military Service in Israel

The Security Service Law (1986)

The Security Service Law forms the legal foundation for conscription in Israel, mandating military service for all Israeli citizens and permanent residents, regardless of where they reside.

Key Provisions of the Law:

1. Universal Application: Obligations apply to all Israeli citizens, including dual nationals and those living abroad.
2. Age of Conscription: Mandatory enlistment begins at age 18, though preliminary steps start as early as age 16.5.
3. Criminal Penalties: Failure to fulfill military obligations can result in fines, imprisonment, and restrictions on entry to Israel.
4. Special Statuses: Provisions exist for unique cases, such as children of immigrants, to address their distinct circumstances.

Military Obligations for Children of Immigrants

While the IDF expects Israeli citizens to fulfill their military duties, children of immigrants have distinct considerations that may lead to deferrals or exemptions based on their residency and family circumstances.

Draft Requirements Based on Residency and Age

The obligations of children of immigrants vary depending on their age when they return to Israel or their pattern of visits to the country.

Residency and Age	Obligation	Details
Born abroad, no long-term residency in Israel	Possible exemption	Based on foreign residency
Lives abroad, visits Israel occasionally	Temporary deferral possible	Coordination with the IDF required
Returned to Israel before age 16	Full enlistment required	Regular draft obligations apply
Returned to Israel after age 16 but before 18	Service modified or deferred	Based on time spent in Israel
Returned after age 18	Modified service or exemption	Depends on absence duration

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Military Service Durations for Children of Immigrants

The duration of military service for children of immigrants is influenced by their connection to Israel and their age upon return ( returned after 1.6.2000)

Age at Return	Status	Service Duration (Men)	Service Duration (Women)
Between 18-19	single or married withought children	32 months	24 months
20-21	single or married withought children	24 months	24 months
18-21	married with children	24 months voluntary	24 months voluntary
22-27	–	18 months voluntary	18 months voluntary

* Married women are not obligated to serve in the army.
*Women and men aged 28 and over who ask to volunteer, ther request will be examined individually.

*Except for doctors

The table shown is not valid for returning from May 2015 to 31.5.2020.

Visiting Israel Without Losing Status

Children of immigrants can maintain their status while visiting Israel, provided they adhere to strict guidelines. Advocate Emanuel Trach ensures clients are aware of these rules to avoid losing their special status.

Permitted Visits

• Short Visits: Children of immigrants may visit Israel for short durations without jeopardizing their status.
• Annual Limits: Visits must typically not exceed 120 days per year to maintain eligibility for special considerations.

What Status Allows

The status of children of immigrants provides several benefits:

1. Deferral of Military Service: They may postpone enlistment until they permanently reside in Israel.
2. Freedom to Travel: Properly maintaining their status allows free entry and exit from Israel without legal repercussions.
3. Path to Exemption: In specific cases, continued foreign residency can lead to a complete exemption.

Risks of Losing Immigrant Status

Children of immigrants may lose their special status if they fail to adhere to the guidelines or spend extended periods in Israel. Advocate Emanuel Trach helps clients understand these risks and navigate their options.

Scenarios That Lead to Status Loss:

1. Extended Stays in Israel: Spending more than the allowed time in Israel without coordination.
2. Permanent Residency in Israel: Returning to Israel with no intent to leave triggers normal draft obligations.
3. Failure to Notify the IDF: Not informing military authorities of visits or changes in residency.

How Advocate Emanuel Trach Helps

Advocate Emanuel Trach specializes in helping children of immigrants resolve their military status efficiently and effectively.

Services Provided:

1. Status Clarification: Determining eligibility for immigrant status or exemption.
2. Deferral Requests: Preparing and submitting formal applications for draft deferrals.
3. Legal Representation: Representing clients in disputes or enforcement actions related to military obligations.
4. Exemption Applications: Advocating for complete exemptions based on foreign residency or other grounds.
5. Appeals and Challenges: Handling appeals of unfavorable IDF decisions.

Case Studies: Success Stories

Case 1: Exemption for a 22-Year-Old

A client residing in Canada approached Advocate Trach to resolve his military status. After proving continuous residency abroad and minimal visits to Israel, the client received a full exemption.

Case 2: Maintaining Immigrant Status During Frequent Visits

A family with children frequently visiting Israel sought legal guidance to ensure their children maintained their immigrant status. Advocate Trach successfully coordinated their visits with the IDF, preserving their deferral eligibility.

Contact Advocate Emanuel Trach

For professional assistance with resolving military status, contact Advocate Emanuel Trach:

• Phone: +972-55-2550011
• Email: Emanuel@Trach-law.co.il
• Address: 7 Jabotinsky Street, Ramat Gan

Advocate Trach is committed to providing tailored, effective solutions for children of immigrants navigating their military obligations.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Advocate Emanuel Trach for personalized guidance.