Spain
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- No restrictions on entry or staying.
The types of restriction are:
- No restrictions.
Restrictions on entry to Spain
We found no evidence of any official restrictions on entry to Spain based on HIV status.
According to UNAIDS and the US Department of State there is no evidence of entry restrictions based on HIV status.
In some visa categories, a certificate of health might be requested. It should indicate that the person asking for the visa does ‘not suffer from any disease that could cause serious repercussions for public health pursuant to the 2005 International Health Regulations‘, but this does not include HIV or any STI.
Restrictions on short-term stay in Spain
We found no evidence of any official restrictions on short-term stay in Spain based on HIV status.
According to UNAIDS and the US Department of State there is no evidence of restrictions on short-term stay based on HIV status.
According to the information available on the website of the Ministry of Foreign Affairs, European Union and Cooperation, some visa categories for temporary stay, including employee visa, non-working (non-lucrative) residence visa and student visa, include among its requirements the submission of a medical certificate ‘accrediting that they do not suffer from any disease that could cause serious repercussions for public health pursuant to the 2005 International Health Regulations.’ It should be noted that the IHR does not include HIV.
Restrictions on long-term stay in Spain
We found no evidence of any official restrictions on long-term stay in Spain based on HIV status.
According to UNAIDS and the US Department of State there is no evidence of restrictions on long-term stay based on HIV status.
As above, according to the information available on the website of the Ministry of Foreign Affairs, European Union and Cooperation, some visa categories for temporary stay, including the non-working (non-lucrative) residence visa, include among its requirements the submission of a medical certificate ‘accrediting that they do not suffer from any disease that could cause serious repercussions for public health pursuant to the 2005 International Health Regulations.’ It should be noted that the IHR does not include HIV.
The application form for long term visa does not contain questions or fields in relation to any health condition or status.
Treatment access in Spain
The following summarises available information on access to healthcare for people living with HIV in Spain. There is some evidence that non-nationals are restricted from accessing treatment in the same way as nationals.
Non-nationals living with HIV in Spain can receive HIV care and treatment under the same conditions as Spanish citizens. However, the way of access differs, depending
on the recognition of their right to healthcare, the length of time they have been registered in Spain and the Autonomous Community in which they live.
Health coverage for foreign students in Spain varies depending on the country of origin, the agreements signed between the country of origin and Spain on Social Security and the requirements for applying for a student visa.
gTt (Grupo de Trabajo sobre Tratamientos de VIH) publishes a series of regularly updated guides for non-nationals in several languages on how to access HIV care and treatment, available here.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
People living with HIV may be criminalised in Spain. While there are no HIV-specific laws in force, we are aware of reported prosecutions of alleged HIV ‘exposure’, non-disclosure, and/or transmission under general criminal laws.
Visit the Spain 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.
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