Cuba
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- Restrictions on long-term stays which in most cases is defined as over 90 days.
- Unclear restrictions - it is not clear to what extent restrictions apply.
The types of restriction are:
- HIV testing/disclosure required for residence.
Restrictions on entry to Cuba
Sources are mixed on whether Cuba imposes entry restrictions on people living with HIV.
According to the US Department of State, some entry restrictions exist for visitors to and foreign residents of Cuba.
However, information provided by the Embassy of Germany in La Habana in 2008 indicates that there are no restrictions for people living with HIV for short term stays of up to three months (tourist visa), there are no controls at the border and antiretroviral medication for personal use can be carried.
The Ministry of Foreign Affairs of Cuba offers a list of supporting documents that should be included with a visa application and none of those documents makes reference to HIV or the general health of the applicant.
Article 24.1A of Law No. 1312, Migration law of 20 September 1976 establishes the criteria for inadmissibility of entry into the national territory, none of which is related to health conditions or serological status.
Restrictions on short-term stay in Cuba
Some sources suggest that Cuba imposes restrictions on short-term stay on people living with HIV, however other sources report no such restrictions.
According to UNAIDS, Cuba requires HIV testing or disclosure for certain types of study and work permits.
The US Department of State reports that foreign students on scholarships are required to test for HIV.
However, as above, information provided by the German Embassy indicates no restrictions on short-term stay for people living with HIV.
Law No. 1312, Migration Law of 20 September 1976 does not specify requisites for temporary residency.
Restrictions on long-term stay in Cuba
We are aware of some official restrictions on long-term stay of people living with HIV in Cuba.
According to UNAIDS, Cuba requires HIV testing for residency permit (longer than 90 days).
According to the Ministry of Foreign Affairs of Cuba, the application for permanent residency in Cuba should include ‘results of the chest X-ray, serology and AIDS test, duly legalised. The tests cannot be more than six months old before being presented at the Consulate. The serology test is unique and is the same as the one we take in our country. These exams can be presented directly in Cuba, as long as they are carried out in hospitals or clinics destined for the attention of foreigners in Cuba.’
Furthermore, Article 115 of Law No. 1312, Migration Law of 20 September 1976 establishes that ‘foreigners and non-citizens of legal age, in order to apply for admission as Permanent Residents in the national territory, must go to the diplomatic or consular representation or Cuban office abroad expressly authorized for this purpose, which is closest to the place of their habitual residence, and fill out an application form stating their general information, accompanied by a birth certificate, a certificate of habitual residence, radiographic and serological examinations, and proof of their technical or practical capacity, economic solvency, family or work relations or ties in Cuba, and an explanation of the reasons for the application.’
Treatment access in Cuba
The following summarises available information on access to healthcare for people living with HIV in Cuba. However, it is not clear whether non-nationals are able to access this treatment in the same way as nationals.
The Instituto Pedro Kuri is the national centre for HIV diagnosis and treatment.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
Visit the Cuba page on the Global HIV Criminalisation Database to see more information about known HIV criminalisation laws in this country, an overview of how the laws are used, and any significant advocacy developments.
UNAIDS Global AIDS monitoring data
This information about access to HIV services comes from UNAIDS https://lawsandpolicies.unaids.org/, a platform to view data on HIV-related laws and policies. This is information provided by national authorities and civil society and may contradict other sources.
Migrant populations
| Laws/policies enable documented migrants to access HIV services under the same conditions as citizens | No |
| Laws/policies enable documented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | N/A |
| Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens | No |
| Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | N/A |
| Migrants are able to access HIV services | Yes |
Refugees and asylum seekers
| Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens | No |
| Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | N/A |
| Laws/policies enable refugees to access HIV services under the same conditions as citizens | No |
| Laws/policies enable refugees to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | N/A |
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This site focuses on information about HIV travel. Please also consult your own Foreign Office/Ministry of Foreign Affairs website, or the local consulate of the country you are visiting, to see what restrictions there are specifically for you as a citizen of your country, regardless of your HIV status.
