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Immigration to Canada and Military Service in the IDF – What is the Law?
Every person holding Israeli citizenship, whether living in Israel or abroad, is considered a prospective security service member (מלש”ב – MalsHab).
This institutional definition is enshrined in Israeli law, which essentially means that it does not matter if the Israeli citizen is physically in the country or has moved abroad – they must enlist in the IDF when the time comes and serve like any other Israeli citizen. So, what do you do when you are of draft age or in the reserves and are interested in immigrating to Canada?
The MalsHab Arrangement
Before you move to Canada, you must arrange your MalsHab status with the IDF. Keep in mind that if you fail to do so, you may incur a criminal offense, the penalty for which may include imprisonment and the delay/denial of privileges to leave/stay in Israel or Canada. To avoid such inconvenience, without jeopardizing your desire to move to Canada, you need to obtain a legal status called “child of emigrants” (בן מהגרים – Ben Mahagrim). This status allows a citizen immigrating with their parents to Canada to receive a deferment of service, as long as they meet the conditions set by the IDF.
Army in Israel, Immigration to Canada
It is important to know that the IDF views harshly those who do not arrange their “child of emigrants” status, which can deteriorate into a situation defined as “evasion of military service” (השתמטות משירות צבאי – Hishtamnut MiSherut Tzva’i), with the penalties stipulated by law. Prior approval from the IDF regarding exemption from military service allows you to be classified as eligible to stay in Israel for a period of up to 120 days per year. In addition, you must submit the “child of emigrants” application no later than the age of 16 and with evidence that your stay abroad will be under the guardianship of your parents.
Planning to immigrate to Canada for a limited period or permanently? It is important to arrange this approval with the help of experts who are familiar with the intricacies of Canadian immigration laws, to allow for a smooth and problem-free transition.
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