Kuwait
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- Restrictions on entry limiting the entry of people living with HIV.
- Restrictions on short-term stays which in most cases is defined as under 90 days.
- Restrictions on long-term stays which in most cases is defined as over 90 days.
The types of restriction are:
- HIV testing/disclosure required for work visa.
- HIV testing/disclosure required for study visa.
- HIV testing/disclosure required for residence.
- Ban on entry.
- Ban on work.
- Ban on study.
- Ban on residence.
- Deportation based on HIV status.
Restrictions on entry to Kuwait
Sources are mixed on whether Kuwait imposes entry restrictions on people living with HIV.
According to UNAIDS, Kuwait prohibits entry and deports non-nationals on the basis of HIV status.
According to the US Department of State, some HIV entry restrictions exist for visitors to and foreign residents of Kuwait.
The Embassy of Kuwait in Washington 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.
The official website of the Kuwait Government for online services mentions ‘required documents’ as part of the process to apply for a visa, but does not provide details on the nature of those documents.
Some users have suggested that ‘no HIV testing is required for short-term visitors or business travellers staying for up to 3 months.’ However, we were not able to verify this information
Restrictions on short-term stay in Kuwait
We are aware of some official restrictions on short-term stay of people living with HIV in Kuwait.
The website of the General Department of Residency in Kuwait contains visa application forms. While these are in Arabic, at least the education, private work and domestic work visas have this note in English requiring a declaration by the employer that ‘the employee has a clean criminal record with no violations against him and is in good health, I shall return him to his home country at my own expense if the above is discovered not to be true.’
UNAIDS also confirms that Kuwait requires HIV testing for work and study visas.
Restrictions on long-term stay in Kuwait
We are aware of some official restrictions on long-term stay of people living with HIV in Kuwait.
UNAIDS states that Kuwait requires HIV testing for residence permits, and that these are denied on the basis of HIV status.
According to the US Department of State, ‘residency permits require an HIV/AIDS test and permits may be denied if applicants test positive. If HIV-related illness becomes known, the resident must leave the country or be deported.’
Additionally, Law No. 1 of 1999 on Alien Health Insurance and the Imposition of Fees Against Medical Services requires the employer to obtain and pay for the foreign worker’s health insurance policy. This condition must be met before the worker can be granted a residence permit. Further details on the report on Kuwait’s Legal Framework of Migration by the Gulf Research Center.
Some users have reported that if it becomes known after a residence permit has been granted that a person is living with HIV, the permit will be withdrawn. The affected person has to leave Kuwait or else will be deported.
Treatment access in Kuwait
Importing antiretroviral medication for personal use is generally possible. Customs authorities could ask questions about the condition the drugs are required for. We have no information if this would have any consequences.
IOM reports that with regard to general healthcare, Law No. 1 of 1999 on Alien Health Insurance and the Imposition of Fees against Medical Services discontinued free healthcare for Temporary contractual workers and stateless migrants. Since then, the employer is obligated to pay for the employee’s health insurance fees and the TCW has to bear the fees for accessing medical facilities and the health insurance fees for the dependants of his family.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
Visit the Kuwait 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 | N/A |
| 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 | N/A |
| 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 | N/A |
Refugees and asylum seekers
| Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens | N/A |
| 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 | N/A |
| 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.
