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A married couple of bisexual women who immigrated to Israel from Russia and are in a polyamorous relationship (love triangle) with a man they met in Russia - submitted an unprecedented application to allow him to enter Israel and to receive graded status as a legal family unit (Israel recognizes polyamory) but were refused by the Population Authority and now a fight is underway legal to allow him to come to Israel.
Berta and Vilna are married Israeli couples of Russian origin, who immigrated to Israel in October 2022. They met each other in 2011 and married in Denmark in 2015. Due to the attitude of Russia, the country of origin of the invitees, towards LGBT people and from Zionism, the two decided to leave the country , and immigrated to Israel together in October 2022 as a married couple.
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about two months before immigrating to Israel , as part of a volunteer activity with children with special needs, Yelena met another volunteer in the activity, Alexey. Immediately after their meeting, Yelena told her partner Berta about him and the three began to get to know each other and a special and unusual bond developed between them. At the time, the two were planning their immigration to Israel and decided to invite him to live with them In the two weeks before you immigrate to Israel.
As you know, polyamory - multiple loves, in Hebrew is completely legal in Israel and the world, and is significantly different from bigamy or polygamy, which is prohibited in Israeli criminal law. Thus, polyamorous relationships are intimate relationships between three or more consenting adults, that is, polyamory is not polygamy And the polyamorous community distinguishes itself from polygamy.
"Want to live together in Israel" Berta Alexey Vilna/courtesy of those photographed
After immigrating to Israel, the two kept in touch with Alexey through digital means.
On October 20, 2022, Alexey asked to enter Israel to visit them, but his entry was refused, because he was afraid of forced conscription into the Russian army, he moved to live in Turkey, Armenia and the United States.
During the 14 months that have passed since then, Berta and Vilna flew a great number of times to visit Alexei every chance they had, and a continuous and loving relationship was forged between the three of them.
At this advanced stage, the three decided that they wanted to live together, as a family unit, in Israel.
They no longer saw the point in endless flights and meetings in different places for periods that by their nature cannot be prolonged and continuous.
Therefore, on December 25, 2023, a request was submitted to the Population Authority to invite Alexei to Israel.
In the request, it was stated, among other things, that Berta and Vilna wish to regulate Alexei's status in Israel, in light of the fact that the three maintain one family unit and wish to live together under one roof, start a family and raise children.
In support of the request, letters were attached on behalf of Berta Vilna's two psychologists who describe that the issue of the tripartite romantic relationship is important to them.
It is explicitly stated there that if they cannot settle Alexei's status in Israel, they will be forced, without a choice, to leave the country and find another country where they can realize their love.
In an application to the Population Authority of the Tomer Warsaw law firm, it was claimed that their case fully meets the purpose of the Authority's procedure, which allows for the regulation of the status of a foreigner due to a romantic relationship with an Israeli citizen.
It was also noted that a polyamorous relationship, as in the case of the applicants, is in practice an exclusive and unique three-way relationship, which they seek to maintain under one roof (and this is what Berta Yelena and Alexey strive for), and therefore there is room to regulate the status of the foreign spouse, Alexey, since the relationship definitely fulfills its purpose of The procedure - protection of the right to family life in Israel, as seen by Israeli citizens.
Despite the detailed and reasoned request that was submitted, on January 14, 2024 - only three weeks after the request was submitted - a decision was made by the head of the team at the Population Authority's Netanya office in which it was determined that "the cohabitation procedure states that "the purpose of the procedure is to allow spouses to have a family unit together, yes, Real, exclusive and unique.
In light of the above, since the requests are related to each other and since the request is to invite an additional partner for the purpose of having a polyamorous relationship, which is not an exclusive and unique relationship, then the request does not meet the conditions of the procedure and therefore, the request is rejected."
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In the appeal filed at the end of the week by the Tomer Warsaw law firm, it is stated that the choice to live in polyamory, under one roof, is a very rare choice, but at the same time it is also a legitimate choice, found at the heart of a person's autonomy and right to freedom.
In any case, in light of the rarity of this choice, the examination of the sincerity of the relationship and the granting of status do not have any broad consequences according to the procedure, and this is how the case of Berta Yelena and Alexey should be treated.
Attorney Tomer Varsha, owner of a leading office for immigration and status, which represents the family, said:
"As someone whose office has been representing international couples for over two decades, this is also a precedent for us, and precisely because of this we found special importance in helping the family, in order to create a protected and legitimate space for them and for families More will choose it.
The law needs to adapt to changes in reality and social development, and just as in the past it was not possible to regulate the status of same-sex couples, while today it is self-evident, so we are determined to pave the way for a polyamorous family as well, which can lead its life as it wishes.
There is no intention here to circumvent the immigration laws and to abuse the marriage track, but rather a familiar family structure that gains traction and legitimacy in society.
Even three people can maintain a unique and exclusive relationship between themselves and the state must allow this for its citizens.
Our office will do everything possible to allow our clients to live their lives as they chose."
Berta Kushnir: "Yelena volunteered at a camp for children with special needs in Russia and met Alexei there, she felt very good with him.
When she returned home, she enthusiastically told me about the acquaintance.
She continued to see him and spend time with him at every possible opportunity, and at the same time we continued to prepare for moving and immigrating to Israel.
I saw that Lena was very much in love, and this raised very difficult questions in me, including whether we are doing the right thing in that we continue to prepare for the aliya process.
From the beginning Alexei knew that Yelena had a wife, and from the way Yelena spoke about me, he saw that we were very close and began to perceive us as one whole;
He did not perceive one in isolation from the other.
A few weeks before our departure, I met with Alexei and the same feeling of love and a very strong mutual affection arose between us very quickly.
In the last two weeks before our departure to Israel, Alexey lived with us, and during that time we realized that we felt like a family of three.
We all felt good and very happy together, and realized that despite our imminent departure, we would look for ways to live together, the three of us.
I'm sure we can't imagine life apart, we'd like to be able to live together in one house, and for Alexey to become the father of our future children."
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