Recent Developments

2024

Australia

The Australian government announced that the ‘significant cost threshold’ increased from AU$51,000 to AU$86,000. This means that HIV will not be a barrier to obtain any temporary visas. People living with HIV will still only be able to obtain permanent visas where there is a health waiver available.

2021

Canada

In the past, it was difficult for people living with HIV to immigrate to Canada due to limitations set by federal immigration legislation. In a federal government’s revision in April 2021, the cost representing an “excessive demand” for the health care system was increased to $21,798 CAD. This should remove most, but not all, barriers to immigration for people living with HIV.

China

China formally announced that all restrictions affecting the entry, stay and residence of foreign people living with HIV in China were lifted as of December 2021.

New Zealand

In October 2021, Immigration New Zealand removed HIV from the list of medical conditions deemed likely to impose significant costs or demands on the New Zealand health system. This means that HIV is no longer automatically considered not to meet Immigration NZ’s ‘acceptable standard of health’.

2010

USA

On 30 October 2009, during a ceremony at the White House, US President Barack Obama announced that all restrictions affecting people with HIV from entering or migrating to the United States will be lifted. The legislation banning entry for people living with HIV had been in effect since 1987. The new legislation tookeffect on 4 January 2010. This great success was due to the tireless efforts of many NGOs globally includingDAH, IAS, EATG, ILGA, GNP+, UNAIDS and the Global Fund who put real pressure on the US.

China

The refusal of entry to the HIV-positive Australian novelist Robert Dessaix to participate in a literature festival in Chengdu and Beijing in March 2010 created a broad media echo. More than 90 Australian writers joined to sign a protest letter condemning China’s discriminatory entry policies.

In April the Chinese government announced the lifting of the 20- year-old entry ban affecting people living with HIV.

Bulgaria

Bulgaria revised its legislation on entry and residence for people with HIV. New rules on HIV testing were effective from March 2010 onwards. Under the old rule, mandatory HIV tests were possible on entry for foreigners suspected of being a danger to public health. Mandatory HIV tests are now only possible for certain groups, like people who need blood dialysis.

Namibia

July 7 2010, Namibian Minister of Home Affairs and Immigration Rosalia Nghidinwa, formally announced the removal of all HIV related immigration barriers for people living with HIV from its Immigration Control Regulation.

Ukraine

The Ukrainian Parliament revised its Law on Prevention of AIDS and Social Protection of Population in October 2010. Restrictions on entry of people living with HIV were removed from the law.

India

The Indian Ministry of External Affairs lifted all travel curbs against HIV-positive people.

2009

Czech Republic

The Czech Republic announced in May 2009 that visa applicants from ten countries must present an HIV test in order to enter the country. The new legislation applied to citizens from Congo, Kenya, Moldova, Mongolia, Nigeria, Pakistan, Tajikistan, Turkmenistan, Ukraine and Vietnam. The discriminatory proposition was withdrawn after mass protest by the HIV community throughout Europe, including an open letter by the EATG (http://www.eatg.org/eatg/Position-statements/Open-letters/Letter- on-Czech-Republic-Visa-Restrictions-for-People-Living-with-HIV).

South Korea

For many years the country had been among the most restrictive in the world. The government could prohibit entry of foreigners who are suspected of having HIV at any time, at its discretion. This applied mainly for long-term stays. In addition, the legislation allowed for the deportation of HIV-positive foreigners. After protests from human rights experts and a lawsuit in December 2009 which resulted in the deportation of an HIV-positive migrant worker being interrupted, the legislation in South Korea was quietly revised. In 2010, UNAIDS released a statement of former UN Secretary General Ban Ki-moon announcing that the Republic of Korea had lifted entry restrictions based on HIV status. However, the Government of South Korea did not release official communication to confirm this and it was only in July 2017, that the South Korea Ministry of Justice finally announced that English teachers would no longer be screened for HIV during the visa application process.

European Commission

The new communication from the European Commission’s Action Plan to combat HIV in Europe 2009–2013 explicitly condemned HIV-related entry restrictions: “HIV/AIDS as an issue of concern for migrants is addressed differently across Europe. Several European countries maintain restrictions on entry, stay and residence based on HIV status. These provisions are discriminatory and do not protect public health”.

2008

Global

In February, UNAIDS set up an International Task Team on HIV-related entry regulations. The community, NGOs, governments and international bodies such as IOM, ILO, WHO, UNAIDS, UNHCR, etc., were represented. The goal was to place the issue on the political agenda and come up with suggestions for solutions. Their report can be found here: https://data.unaids.org/pub/report/2009/jc1715_report_inter_task_team_hiv_en.pdf

Europe

The European Parliament asked the European commission to remove HIV-positive Europeans from the Visa Waiver Programme in the visa negotiations between Europe and the USA. Instead, all Europeans are to be treated equally. 309 Parliament representatives voted for this motion, 218 voted against it, and 4 abstained.

Global

In the context of the UNGASS meeting in New York, the subject of entry regulations played an important role. In open letters, representatives of the community pointed out the hypocrisy that the top-level HIV meeting is taking place in a country which at the time grossly discriminated against people living with HIV. It was emphasised that there cannot be “Universal Access” as long as people living with HIV are excluded by restrictions. A letter signed by 345 organisations referring to the results of our work was passed on to the ambassadors of the countries with restrictive entry regulations.

United Nations – New York

On 11 June, the General Secretary of the United Nations, Ban Ki- Moon, asked the countries of the world to waive HIV-related entry conditions. He described these regulations as an affront against humanity. Discrimination like this, he said, will drive the virus underground, where it will spread in the darkness.

Europe

The EU Civil Society Forum on HIV adopted a policy paper to request a change of legislation by those countries in Europe that still have discriminatory restrictions in place. This should happen by the time of the International AIDS Conference in Vienna in 2010. The paper requested NGOs and intergovernmental bodies like UNAIDS, WHO Europe and IOM to concentrate their efforts to change the situation in Europe.

2007

Australia

In advance of the 4th International Conference on HIV Pathogenesis, Treatment and Prevention (IAS 2007) in Sydney, Australia’s prime minister John Howard suggested that people living with HIV should be better monitored, since they are a public health risk. In the context of the conference, this led to massive protests by the global HIV community.

Norway

Norway’s foreign ministry, together with activists from the HIV community, announced a two-day conference in Oslo in October at which the various facets of discriminatory entry regulations – particularly with reference to migrants – was be discussed.

China

The Global Fund negotiated with the Chinese government on a change in regulations so that international meetings could continue to take place in China in the future.

Global

The International AIDS Society produced a statement which again confirmed that major HIV conferences will, in future, only be held in countries that do not require disclosure of HIV at entry.

Norway, Sweden, Denmark

The foreign ministers of Norway, Sweden and Denmark addressed their American colleague Condoleezza Rice with an open letter requesting reconsideration of the regulations directed against people living with HIV. This was the first time that the dispute was taken to the state level.

2006

Canada

In advance of the International AIDS Conference in Toronto, effective lobbying work of Canadian activists was able to change restrictions for short-term stays. In the future, Canada will no longer require HIV disclosure for short-term stays.

France

Activists around the openly HIV-positive representative Jean-Luc Romero launch a media offensive to draw attention to the discriminatory entry regulations of the USA.

USA

On 1 December, the American president George W. Bush announced plans to change the entry regulations for short-term tourism visas and business trips.

2004

El Salvador

The country removed its existing entry and residence regulations.

Switzerland

According to press reports, the authorities responsible for public healthcare planned to introduce mandatory HIV tests in people seeking asylum. After protests by the press and experts, the test remained voluntary.

Global

IOM/UNAIDS published a joint position statement about entry regulations. The document vehemently opposes mandatory HIV testing and HIV-related discrimination.

United Kingdom

The government decides against mandatory HIV testing of people seeking asylum.

USA

On 10 July 2004, Senator Kerry promised that HIV-related entry restrictions will be lifted if he is elected as president. The re-election of George W. Bush temporarily removed the subject from the agenda.

2003

United Kingdom

The government suggests that people seeking asylum should receive mandatory HIV testing. The Terrence Higgins Trust successfully pursued a comprehensive campaign against the planned measures.

2002

Canada

Introduction of mandatory HIV tests for all foreigners who want to stay in Canada for more than 6 months. Stays not approved for the majority of HIV-positive foreigners.

Australia

Drastically restrictive entry regulations are introduced. Introduction of individual cost assessment based on life expectancy, treatment costs and total expenses for medical treatment. PLHIV are increasingly being denied immigration.

2001

Global

Finalisation of the UNGASS Declaration: “By the year 2003, we obligate ourselves to introduce, affirm and enforce suitable laws and other measures which are suited to eliminating any form of discrimination to which people living with HIV and members of other vulnerable groups are exposed and to provide them with full access to all fundamental human rights and freedoms.”