Travelling and moving abroad can present significant challenges for people living with HIV (PLWH). Beyond the usual challenges with immigration, in some countries HIV-related regulations add an extra obstacle. Various nations have adopted progressive policies where PLWH can enter, stay or work in the country. However, others have restrictions that can complicate travel plans.
Some countries have entry bans for PLWH, while others have limits on longer stays. In certain countries, PLWH may be allowed to enter for short visits like vacations, but face restrictions on working or residing permanently. France, for example, has no HIV-related restrictions on entry, stay, or residence. Russia, however, can deny entry or residency to PLWH. This difference makes it important to do research before you travel or move to a new country.
Canada’s HIV-related travel and residency regulations
In Canada, HIV regulations for travel and residency vary depending on the length and purpose of your stay.
Short-term visitors to Canada, staying for six months or less, typically do not need an immigration medical check-up. However, there are exceptions to this. You may have to undergo a check-up if you work in occupations involving close contact with people or are an agricultural worker and have lived in Immigration, Refugees and Citizenship Canada (IRCC)-specified countries or territories more than six months. You may also have to undergo a medical check-up if you appear ill upon arrival at the Canadian border.
If you’re planning an extended visit, study, or work period in Canada, an immigration medical check-up is mandatory under certain conditions. These check-ups include HIV testing. This may be required if you have spent six or more consecutive months in a country or a territory designated by the IRCC.1 It may also apply if your intended work is deemed essential for public health or if you are applying for a Parent and Grandparent Super Visa. Finally, the immigration officer can determine if a medical exam is necessary based on factors like intended length of stay and your overall health status.
Permanent residency applicants aged 15 and over must have an immigration medical check-up, including HIV testing. This includes qualified workers, businesspeople, and specified family members. If someone is under 15 but has an HIV-positive parent or is in the process of being adopted in Canada, they must also have HIV testing. The immigration medical exam is conducted by a physician approved by the IRCC, then the results are sent back to them for review.
If the IRCC medical officer finds that someone may impose an “excessive demand” on health or social services, they will notify the relevant visa or immigration officer. This notification includes a report detailing the expected services and associated costs. Afterwards, the applicant receives a letter from the IRCC outlining the expected health and social services needed. The applicant has 60 days to challenge this. To do so, you can submit additional information or documents. Failure to submit within 60 days results in the visa or immigration officer rejecting the application due to medical inadmissibility. However, being refused due to medical inadmissibility does not automatically bar someone from visiting Canada as a tourist under a short-term visa.
HIV entry regulations and restrictions
Countries belonging to the Organization for Eco-nomic Co-operation and Development (OECD), including Canada, do not have entry restrictions for people living with HIV. These countries include: Australia, Belgium, Chile, Colombia, Costa Rica, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Turkey, United Kingdom and the United States.
Countries such as Brunei, Equatorial Guinea, Iran, Iraq, Jordan, the Solomon Islands, the United Arab Emirates and Yemen have restrictions in place. These bar PLWH from entry, regardless of how long they are staying.
Deportations due to HIV status
In Russia, short-term tourists are exempt from HIV testing requirements, but foreign residents found to be HIV-positive can be deported. Algeria, Bahrain, Brunei, Bhutan, China, Egypt, Equatorial Guinea, Iraq, Jordan, North Korea, Kuwait, Lebanon, Malaysia, Oman, Qatar, the Solomon Islands, Saudi Arabia, Syria, Tunisia, the United Arab Emirates and Yemen also deport non-citizens if their HIV status is discovered.
HIV disclosure obligations
Many countries have regulations for non-nationals intending to stay beyond 90 days. This can mean compulsory disclosure of your HIV status in residency, work, or study permit applications. This obligation applies to a variety of nations including Algeria, Aruba, Australia, Bahrain, Belize, Bhutan, Bosnia Herzegovina, Brunei, Cayman Islands, China, Cuba, Cyprus, Dominican Republic, Egypt, Equatorial Guinea, Honduras, Hungary, Iran, Iraq, Israel, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Malaysia, Maldives, Marshal Islands, Mauritius, Montserrat, Nicaragua, Oman, Papua New Guinea, Paraguay, Qatar, Russia, Samoa, Saudi Arabia, Seychelles, Singapore, Slovakia, Solomon Islands, St. Kitts and Nevis, St. Vincent and Grenadines, Sudan, Suriname, Syria, Tonga, Tunisia, Turks and Caicos Islands, United Arab Emirates, Uzbekistan, Virgin Islands and Yemen.
Countries like Aruba and Lebanon prohibit PLWH from working. Countries like Australia require HIV testing during the permanent visa application process. However, testing positive in these nations does not automatically lead to rejection. Eligibility is assessed based on factors such as healthcare requirements and potential expenses. In contrast, countries like Cyprus outright reject permanent residency applications from people with HIV-positive results.
Travelling with antiretroviral medications
PLWH should be aware of specific requirements regarding medical documentation when visiting certain nations. In France, Greece, Iceland, Luxembourg, the United Kingdom, the United States and Canada, PLWH can carry antiretroviral medication for personal use if you have a valid doctor’s prescription. Japan requires a “Yakkan Certificate,” particularly for quantities exceeding a two-month supply. In Lithuania, travellers planning to import between six and nine units need a prescription. For larger quantities, a medical certificate declaring the necessity of the medication to treat an existing condition is required.
In conclusion, if you’re travelling or living abroad it is a good idea to carefully consider any HIV-related regulations. By staying informed, being prepared, and using available resources, you can navigate these challenges effectively and ensure a smoother transition to life abroad.
To learn more about HIV travel restrictions and regulations: hivtravel.org and unaids.org/en/keywords/travel-restrictions
1 For a detailed list of countries and territories requiring medical examination, please visit: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/medical-police/medical-exams/requirements-temporary-residents/country-requirements.html