Portugal
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- No restrictions on entry or staying.
Restrictions on entry to Portugal
We found no evidence of any official restrictions on entry to Portugal based on HIV status.
According to UNAIDS and the US Department of State, Portugal does not have any HIV-related restrictions on entry.
Nothing on the website of the Ministry of Foreign Affairs suggests an HIV-related restriction on entry. Only visas for medical treatment purposes and for accompanying a family member for medical treatment, require medical reports.
Article 32(D) of the Immigration law 23/2007 stipulates that entry can be denied only in situations defined by the WHO, or in cases of infectious diseases or parasites that would require protective measures in Portugal itself.
Restrictions on short-term stay in Portugal
We found no evidence of any official restrictions on short-term stay in Portugal based on HIV status.
According to UNAIDS and the US Department of State, Portugal does not have any HIV-related restrictions on short-term stay.
Article 52 of the Immigration law 23/2007, states the general conditions for granting residence, temporary stay and short-stay visas, which do not include any requirement relating to the health status of the applicant, except for a mandatory health insurance.
Article 77 stipulates that an application for a temporary residence permit can be denied on public health grounds based ‘only on the diseases defined in the relevant instruments of the World Health Organisation or on other contagious infectious or parasitic diseases subject to protective measures within national territory.’
However, Article 91A on higher education students states that SEF (Portuguese Immigration and Borders Service) may refuse entry or stay where the interested party constitutes a threat to public health.
Restrictions on long-term stay in Portugal
We found no evidence of any official restrictions on long-term stay in Portugal based on HIV status.
According to UNAIDS and the US Department of State, Portugal does not have any HIV-related restrictions on long-term stay.
Article 106 (Rejection of the application) of the Immigration law 23/2007 states that an application for family reunification may be rejected in circumstances including when the family member’s presence on national territory constitutes a threat to public health.
Similarly, Article 91C on researchers states that an application for the granting or renewal of a long-term permit may be rejected if the application is considered a threat to public health.
When applying for a work or residency permit, a health certificate assuring that the applicant bears no infectious or contagious disease under WHO’s International Health Regulations is required. It is common understanding in Portugal that HIV, viral hepatitis, HPV or HSV are not in this category and no HIV specific test result is required. However, the interpretation of the requirement may depend on health authorities at the country of origin.
Treatment access in Portugal
The following summarises available information on access to healthcare for people living with HIV in Portugal. There is some evidence that non-nationals are restricted from accessing treatment in the same way as nationals.
In Portugal, everybody has access to the public healthcare system independently of nationality or legal status, according to Order No. 25 360/2001 and Decree-Law No.113/2011.
Urgent or chronic health care cannot be denied to anybody, but non-nationals including EU, EEA and Schengen residents without proper health insurance documentation, will need to pay for the care provided. Access to care in the public service is universal and foreigners may access non urgent care but will be charged more; some programmed care, however, may not be available to non-residents.
To access health care for free or at a lower cost, review the GAT website.
Regarding HIV care, all people living with HIV are exempted from payment for virology and/or hepatologist consultations, blood test, and antiretroviral treatments. Antiretrovirals are dispensed at the hospital’s pharmacy and refilled every three months.
Article 83 of the Immigration law 23/2007 states that those with residency permits are entitled to healthcare without prejudice.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
Visit the Portugal 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.
