Chile

We found no evidence of any official restrictions on entry to Chile based on HIV status.

According to UNAIDS and the US Department of State, Chile does not have any HIV-related restrictions on entry.

Article 32 of the Law No. 21.325 on Migration and Foreign Nationals determines that ‘foreigners are prohibited from entering the country if (…) 2. They suffer from diseases that the health authority determines to be grounds for preventing entry into Chile, in accordance with the regulations established in the Health Code. The list of diseases shall be established by a previously published exempt resolution.’

However, the Parliamentary technical assistance fact sheet on sanitary requirements for the entry of foreigners to Chile (2018) identifies as a guiding standard the international health code to which Chile is a party, in particular the powers it assigns to States Parties to carry out medical screening of international travellers. However, the international health code does not include HIV among the conditions to be assessed when entering a State.

From this information we can conclude that neither a medical certificate nor an HIV test result is required when entering the country.

Antiretroviral medication can be carried for personal use.

It is unclear whether Chile imposes restrictions on short-term stay of people living with HIV.

According to UNAIDS and the US Department of State, Chile does not have any HIV-related restrictions on short-term stay.

However, the information published on the website of the Chilean Ministry of Foreign Affairs states that work, study and temporary visas require a medical certificate stating that the applicant is in good health and does not have any infectious or contagious diseases. It is not clear if such a health certificate includes HIV disclosure or testing.

It is unclear whether Chile imposes restrictions on long-term stay of people living with HIV.

According to UNAIDS and the US Department of State, Chile does not have any HIV-related restrictions on long-term stay.

However, the information published on the website of the Chilean Ministry of Foreign Affairs states that work, study and temporary visas require a medical certificate stating that the applicant is in good health and does not have any infectious or contagious diseases. It is not clear if such a health certificate includes HIV disclosure or testing.

Anecdotal information shared by a user suggests that HIV testing may be required for some long-term stays in Chile. See the case studies section below.

The following summarises available information on access to healthcare for people living with HIV in Chile. There is no evidence that non-nationals are restricted from accessing treatment in the same way as nationals.

The Law No. 21.325 on Migration and Foreign Nationals, in its Article 15, establishes the following: ‘Resident foreigners or in irregular migratory condition, either as holders or dependents, shall have access to health care in accordance with the requirements established by the health authority, under equal conditions as nationals. All foreigners shall be subject to the health actions established in accordance with the Sanitary Code, in safeguard of public health, as well as nationals.’

IOM reports that all migrants in Chile are able to access government-funded healthcare services in the same way as the other citizens in the country. Law No. 20.584, regulating the rights and duties of persons relating to their health care (2012), states that ‘irrespective of the provider, all persons are entitled to the delivery of the actions for the promotion, protection and restoration of their health and for their rehabilitation in a manner that is timely, free of arbitrary discrimination, and in keeping with the forms and conditions stipulated in the Constitution and the laws.’

Foreign persons not in possession of a Chilean National Identity Card (Rol Único National), and who sign a document declaring their lack of resources, may access the services of the public health network free of cost and on the same basis as Chileans, pursuant to Law No. 18.469 regulating the exercise of the constitutional right to the protection of health and creating a health-care system (1985).

• UNAIDS
• US Department of State
• Library of Congress Chile
• Chilean Ministry of Foreign Affairs
• Law No. 21.325 on Migration and Foreign Nationals
• International Organization for Migration

Migrant populations

Refugees and asylum seekers