can i visit australia with hiv

Australia - Regulations on Entry, Stay and Residence for PLHIV

Restriction category relative to australia.

• Countries with restrictions for long term stays (>90 days)

HIV-specific entry and residence regulations for Australia

REGULATIONS UPDATE UNAIDS reports that Australia has made reforms to its migration health assessment requirements and procedures, including an annual increase to the “significant cost threshold”, the elimination of the cost assessment related to health services for humanitarian visa applicants and improvement to increase the transparency of the health assessment process. Also, it has been confirmed that a HIV pilot programme for African student visa applicants was officially discontinued in 2011. HIV testing for permanent visa applicants remains in force. People living with HIV are treated similarly to other people with chronic health conditions and disabilities during the country’s immigration health assessment process. Applications for visas from people living with HIV will be assessed against criteria applying to anyone with a chronic health condition. (Source: 3) Editor’s note: Due to the HIV test requirement for permanent visa applicants, we continue to list Australia as a country applying residency restrictions. We will update this page as soon as further information becomes available.

Entry and residence regulations Applicants for visas to visit or migrate to Australia are required to meet certain health requirements. These help ensure that:

• Risks to public health in the Australian community are minimized
• Public expenditure on health and community services is contained
• Australian residents have access to health and other community services in short supply.

Temporary visas Applicants for a temporary visa do not generally need to complete an HIV test. The exceptions apply to temporary visa applicants intending to work or study to become a doctor, dentist, nurse or paramedic. Students (and their dependents) from sub-Saharan Africa who intend to study in Australia for 12 months or more are also tested for HIV. Permanent visas All applicants for a permanent visa must complete an HIV test if they are 15 years or older. Individuals under 15 who may be required to undergo testing are listed here: https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/who-needs-health-examinations If a person is found to be HIV positive, a decision on whether they meet the health requirement for a visa is considered on the same grounds as any other pre-existing medical condition. That is, the disease or condition is not likely to:

• Require healthcare or community services while in Australia
• Result in significant costs to the Australian community
• Prejudice the access of an Australian citizen or permanent resident to healthcare or community services.

A person who initially fails the health requirement, may have it subsequently waived if they are applying for a certain limited number of visa types. The circumstances under which they may have it waived are listed here:  https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/who-needs-health-examinations

Up-to-date information, including information on Australia’s temporary and permanent visas, and the health requirements for each, is available at www.immi.gov.au . (Source 1,2) Some HIV/AIDS entry restrictions exist for visitors and foreigners seeking permanent residence in Australia. Depending on the type of visa you apply for, the length of your stay and your intended activities in Australia, you may be required to undergo a medical examination before the Australian Department of Immigration and Border Protection will issue you a visa. If during the course of the application process, you are found to be HIV positive, a decision on the application will be considered on the same grounds as any other pre-existing medical condition (such as tuberculosis or cancer), with the main focus being placed on the cost of the condition to Australia’s healthcare and community services. (Source: 4)

HIV treatment information for Australia

• Albion Street Centre   150 Albion St. Surry Hills 2010 NSW 2010 Australia Phone: 9332 1090 Fax: 9332 4219 E-mail: [email protected] Web: www.sesahs.nsw.gov.au/albionstcentre/   
• Sydney Sexual Health Service Nightingale Wing 3rd. Floor Sydney Hospital Maquarie St. Sydney 2000 Phone: 9382 7440 Fax: 9382 7475  
• AIDS Council of NSW (Acon Sydney) 9 Commonwealth St. Surry Hills P0 Box 350, Darlinghurst 1300 E-mail: [email protected] Phone: 9206 2000

HIV information / HIV NGOs in Australia

Global criminalisation of hiv transmission scan.

• Matthew McMahon, Assistant Director, Health Policy Section, Migration and Visa Policy, Department of Immigration and Citizenship, Belconnen ACT 2617 www.immi.gov.au , January 8, 2010; sent via Asia and Oceania Department, Ministry of Foreign Affairs, The Netherlands
• Michael Frommer, Australian Federation of AIDS Organisations, PO Box 51 Newtown NSW 2042 / level 1, 222 King Street, Newtown 2042, Australia, www.afao.org.au , by e-mail, August 28, 2014
• UNAIDS; Geneva, press release, July 10, 2014
• US State Department Of State; Bureau of Consular Affairs; https://travel.state.gov / December 17, 2019; consulted June 3, 2021

updated: 6/3/2021 Corrections and additions welcome. Please use the contact us form.

Comments on HIV-restrictions in Australia

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Which Countries Restrict Travel to People With HIV?

It was only in 2010 that the United States finally lifted its 22-year ban on travelers with HIV , a law that prohibited all infected persons from obtaining tourist visas or permanent residence status in the U.S.. The order, initiated by George H.W. Bush in 2008, was made official by Barack Obama on January 4, 2010.

While efforts are being made to end similar laws throughout the world, the Global Database on HIV-Specific Travel & Residence Restrictions (a joint European initiative published by the International AIDS Society) reports that as of 2023, 56 out of 200 countries are known to have entry regulations for people living with HIV, and seven of these countries will categorically refuse entry without exception. In some of these countries, entry may be allowed, but there are restrictions depending on the length of stay. For example, 54 countries have restrictions on stays over 90 days (student and work visas); whereas less than 10 countries have laws that can affect travelers visiting for less than 90 days (tourists). Furthermore, 18 of these countries will deport visitors discovered to have HIV.

HIV Travel Restrictions in Practice

It is important to note, however, that there is often a lack of clarity about these laws, with some either not addressing HIV directly (describing only "infectious disease" concerns) or not enforcing the laws all that stringently, if at all. As such, the assessments provided below are couched in terms that best reflect whether an action "will," "can" or "may" take place.

Similarly, there is a lack of clarity about the import of antiretroviral drugs —whether the drugs are allowed for personal use; how much can be brought in if they are permitted; or if possession of such constitutes the right to deny entry.

For these reasons, it is advised that you always speak with the consulate or embassy of any of the listed destinations if you plan to visit.

Countries With Restrictions for People Living with HIV

Algeria (>90 days)

Aruba (>90 days)

Australia (>90 days)

Azerbaidjan (>90 days)

Bahrain (>90 days)

Belize (>90 days)

Bhutan (>2 weeks)

Bosnia Herzegovina (>90 days)

Brunei (no entry, will deport)

Cayman Islands (>90 days)

China (>90 days, will deport)

Cuba (>90 days)

Cyprus (>90 days)

Dominican Republic (>90 days)

Egypt (>90 days, will deport)

Equatorial Guinea (no entry, will deport)

Honduras (>90 days)

Iran (>90 days)

Iraq (>10 days, possible deportation)

Israel (>90 days)

Jordan (no entry, will deport)

Kazakhstan (>90 days)

Kuwait (>90 days, will deport)

Kyrgyzstan (>60 days)

Lebanon (>90 days, will deport)

Malaysia (>90 days, will deport)

Marshall Islands (>30 days)

Mauritius (>90 days)

Montserrat (>90 days)

Nicaragua (>90 days)

North Korea (will deport)

Oman (>90 days, will deport)

Papua New Guinea (>6 months)

Paraguay (>90 days)

Qatar (>1 month, will deport)

Russia (>90 days, will deport)

Samoa (>90 days)

Saudi Arabia (>90 days, will deport)

Seychelles (>90 days)

Singapore (>90 days)

Slovakia (>90 days)

Solomon Islands (no entry, will deport)

St. Kitts and Nevis (>90 days)

St. Vincent and Grenadines (>90 days)

Sudan (>90 days)

Suriname (entry restrictions)

Syria (>90 days, will deport)

Tonga (>90 days)

Tunisia (>30 days)

Turks and Caicos Islands (>90 days)

United Arab Emirates (UAE) (no entry, will deport)

Uzbekistan (>90 days)

Virgin Islands (>90 days)

Yemen (no entry, will deport)

Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (HHS). Medical examination of aliens—Removal of human immunodeficiency virus (HIV) infection from definition of communicable disease of public health significance. Final rule . Fed Regist.  2009;74:56547–56562.

The Global Database on HIV-Specific Travel & Residence Restrictions. Regulations on entry, stay and residence for PLHIV .

By James Myhre & Dennis Sifris, MD Dr. Sifris is an HIV specialist and Medical Director of LifeSense Disease Management. Myhre is a journalist and HIV educator.

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Many countries, including Australia, impose travel or migration restrictions on people with HIV. These include:

• Restrictions on entry, which may differ according to visa type.
• Criminal sanctions related to non-disclosure of HIV prior to sex.

The Global Database on HIV-specific travel and residence restrictions provides information on a country-by-country basis of how governments impose these travel and migration restrictions. It is important to note that laws in some countries carry heavy penalties for engaging in male-to-male sex or sex work.

All people applying for permanent residence in Australia must have an HIV test (among other tests) in order to meet the ‘Health Requirement’ to be granted a visa.

While some exceptions apply, generally people with HIV do not meet the health requirement; however they can request a ‘waiver’ of this requirement and, if successful, will be granted a permanent visa.

Immigration legislation, regulations and procedures change from time to time. If you wish to migrate to Australia you should check for the latest information about visas with the Australian Department of Home Affairs .

Figuring out how to obtain permanent residence can be complex and confusing, so it’s a good idea to get legal advice or assistance if you or someone you know wants to migrate to Australia.

Legal advice services

HIV/AIDS Legal Centre (HALC)  +61 2 9206 2060

Immigration Advice & Rights Centre  +61 2 8234 0700

Visa information for refugees

Refugee Legal  +61 3 9413 0101

Refugee Advice and Casework Service  +61 2 8355 7227

Asylum Seeker Resource Centre  +61 3 9326 6066

Refugee and Immigration Legal Service  +61 7 3846 9300

Travelling and HIV medications

Understanding how to get access to HIV medications, whether for treatment or as PrEP, is important for people who travel. Australian residents are entitled to ‘immediately necessary medical and public hospital treatment’ under reciprocal health care agreements with a number of countries, as are people visiting Australia from select countries. For information regarding these agreements visit the Medicare website . Medicare also recommends taking out travel insurance in case your situation is not covered by these agreements. Insurance is strongly recommended for the United States of America where the cost of health care is extremely high.

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• Can Hiv Positive Travel To Australia

Traveling is an enriching experience that allows individuals to explore different cultures and create lasting memories. However, for individuals living with HIV, there may be concerns and questions regarding travel restrictions and medical considerations. In this article, we will provide you with essential information to help you navigate through the process of traveling to Australia as an HIV-positive individual.

Understanding HIV and Travel Restrictions

Preparing for your trip to australia, medical considerations for traveling with hiv, support and resources for hiv-positive travelers, 1. are there any restrictions for hiv-positive individuals traveling to australia, 2. what documents do i need to provide as an hiv-positive traveler to australia, 3. can i bring my hiv medications into australia, 4. are there any specific healthcare facilities or services for hiv-positive travelers in australia.

It is important to understand that Australia does not impose any specific travel restrictions for individuals living with HIV. The Australian government does not require HIV testing or disclose HIV status when applying for a visa or entering the country. This means that HIV-positive individuals can freely travel to Australia without any legal barriers.

Before embarking on your journey to Australia, it is crucial to ensure that you have all the necessary travel documents in order. As an HIV-positive traveler, you will need to provide the same documents as any other visitor to Australia. These include a valid passport, a visa if required, and any other relevant travel documents specific to your situation.

Prior to your trip, it is advisable to consult with your healthcare provider to discuss your travel plans and obtain any necessary medical advice. They may recommend updating your immunizations, prescribing additional medications, or providing you with a detailed medical plan for your trip. It is essential to have an ample supply of your HIV medications to last throughout your stay in Australia.

Traveling with HIV can be accompanied by unique challenges and concerns. However, there are numerous support networks and resources available to assist you during your travel. Various organizations provide guidance and information on HIV-friendly healthcare facilities, support groups, and counseling services in Australia. It is advisable to reach out to these resources to ensure a smooth travel experience.

Traveling to Australia as an HIV-positive individual is entirely possible, as there are no specific travel restrictions imposed by the Australian government. By adequately preparing for your trip, consulting with your healthcare provider, and utilizing the available support networks, you can enjoy a safe and fulfilling journey to this remarkable country.

Frequently Asked Questions

No, Australia does not impose any travel restrictions specifically for individuals living with HIV. You can freely travel to Australia without disclosing your HIV status or undergoing HIV testing.

As an HIV-positive traveler, you will need to provide the same documents as any other visitor to Australia. These include a valid passport, a visa if required, and any other relevant travel documents specific to your situation.

Absolutely. It is essential to bring an ample supply of your HIV medications to last throughout your stay in Australia. Ensure that you have the necessary prescriptions and relevant documents to avoid any complications during customs and immigration.

Australia has a well-established healthcare system that offers comprehensive services for individuals living with HIV. There are various HIV-friendly healthcare facilities, support groups, and counseling services available throughout the country. It is advisable to reach out to these resources for any medical assistance or guidance during your stay.

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HIV And Immigration

This information has been developed to support clinicians treating patients with Human Immunodeficiency Virus (HIV) who are applying for an Australian permanent residence (PR) visa. The provision of a ‘positive’ medical report in support of a patient’s PR visa application can help to support a favourable outcome for the applicant. It is recommended that the applicant seeks advice from an appropriate migration agent/lawyer. Clinicians are recommended to make use of this provided information in conjunction with the advice of the applicant’s migration agents/lawyers, who will be able to advise in regards to the application or health waiver.

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Does HIV/AIDs Stop You From Entering Australia?

Most visa applicants must meet minimum health standards before the Australian Government will grant a visa.

Australia has a duty to protect its citizens from the introduction of dangerous or infectious diseases from visitors or migrants to our country.

Visa applicants are required to complete a HIV blood test, along with other medical examinations, if they are:

• over 15 years of age;
• applying for a permanent residency visa; and/or
• intending to work (or study to become) a doctor, nurse, dentist, or paramedic in Australia.

Applicants may also be required to undergo a HIV test if:

• under the age of 15 years old;
• they have a history of blood transfusions; and
• there is a clinical indication that the applicant may be HIV-positive (or the biological mother was HIV positive).

The Australian Government generally do not consider HIV or hepatitis to be a threat to public health unless the applicant:

• plans to work as a doctor, dentist, nurse, or paramedic in Australia;
• has a certain level of viral load; and
• intend to undertake procedures where there is a risk of contact between the visa applicant’s blood and the patient’s open tissue.

Transparency

It is extremely important to be transparent with the Department of Home Affairs (‘Department’).

If a visa applicant is HIV-positive, has hepatitis or a family member is HIV-positive/has hepatitis, the Medical Officer of the Commonwealth (MOC) will determine whether the applicant is likely to be a significant cost to the Government in health care services.

Being HIV positive does not automatically mean that the applicant will be denied.

Most people fail the health requirement due to the expensive costs associated with antiretroviral therapy.

The Australian Government has the discretion to ‘waive’ the health requirement on certain visas.

It can be waived based on compassion grounds determined on a case-by-case basis.

For professional consultation on how HIV/AIDS affects your ability to enter Australia, contact Bambrick Legal today:

• Schedule a professional consultation with our specialists here
• Call us on  08 8362 5269
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Please note: Our migration and citizenship consultations are provided on a fee basis.

Related Blog – Health Requirements & Your Visa

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Australian Visa and Entry Requirements FAQs

Learn about visa requirements for entry to Australia for tourism purposes with this list of frequently asked questions. 

Please note this page is intended to provide general information only and does not constitute legal advice. Tourism Australia is not the Australian government visa granting authority. For information on visas to enter Australia, visitors should seek the most up-to-date information from Australian Government Department of Home Affairs .*

Ready to plan your trip? We're ready to welcome you! Here are some helpful tips for getting your visa sorted: 

• Be sure to secure the appropriate visa before travelling to Australia. Use the Visa Finder to explore your options.
• Ensure all details are correct and provide all required documents when you apply. An incomplete or incorrect application can delay your visa.
• Submitting multiple applications at the same time can slow the process. For visitor visas, submit one application per person, including children. 
• Questions? The Australian Government's Global Service Centre can help.

Australian Visa Information

Unless you are an Australian citizen, you will need a valid Australian visa to enter the country. New Zealand passport holders can apply for a visa upon arrival in the country. All other passport holders, regardless of age, must apply for a visa before leaving home. You can apply for a range of Australian visa types, including tourist visas and working holiday visas, via the ETA app or on the  Department of Home Affairs website.

There are different Australian visa types available for travellers to Australia. Knowing which Australian visa to apply for depends on the length of your stay, your passport and the purpose of your visit. You’ll also need to meet certain financial and medical requirements, be outside of Australia when applying and maintain health insurance for the duration of your stay. 

Electronic Travel Authority visa  (subclass 601) This visa allows you to visit Australia as many times as you want, for up to a year, and stay for three months each visit. This visa is available to passport holders from a number of countries and regions, who live outside Australia. A step-by-step guide on how to apply is  here .

All ETA-eligible passport holders must apply for an ETA using the Australian ETA app. Agents can assist you in the application process, but you must be physically present as a live facial image is required.

eVisitor  (subclass 651) This is a free visa for multiple visits to Australia for tourism or business purposes for up to three months at a time within a 12-month period. This visa is available to passport holders from a number of European countries and it cannot be extended.

Visitor visa  (subclass 600) The Visitor visa allows you to visit Australia, either for tourism or business purposes. It is open to all nationalities. Generally, a period of stay of up to three months is granted, but up to 12 months may be granted in certain circumstances. Applicants will have to pay a fee to submit their application.

The application process may differ depending on which visa you need.

You can only apply for the  Electronic Travel Authority visa  (subclass 601) through the Australian ETA app. A step-by-step guide on how to apply is located  here .

For other visas, you can apply online by creating an ImmiAccount and completing the application process. Be sure to submit your application well in advance of your travel date to allow enough time for processing. You may be asked to provide further supporting information. You will be notified in writing if your tourist visa is approved and it will be digitally linked to your passport. For more information on different visa types, and Australian visa requirements including how to apply for an Australian visa, visit the  Department of Home Affairs  website.

If you are already in Australia and hold a valid Electronic Travel Authority visa (subclass 601) you can extend your stay by applying for another visa, such as a Visitor visa (subclass 600). An eVisitor (subclass 651) cannot be extended.

See the Department of Home Affairs website for details.

Working Holiday Visas

Australia's Working Holiday Maker program allows visitors aged under 30 (or 35 in certain cases) who hold a passport from a participating country to travel and work in Australia. Working holiday visas are valid for one year, or up to three years if you meet certain conditions.

Find out more about working holiday visas here .

*Australian visa regulations (including visa application charges) change from time to time. The information provided here is valid at the time of publication, but visitors should check this information is still current by visiting the Australian Department of Home Affairs .

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Time for Australia to drop visa restrictions for migrants living with HIV, advocates say

Debbie* will never forget the moment she was diagnosed with HIV.

Key points:

• HIV advocates are urging the government to unwind rules imposing visa restrictions on people living with the condition
• The government concedes Australia's migration health requirements do "not meet community expectations"
• Australia is one of the last 40 or so countries with visa restrictions for people living with HIV

It was 2011, two years after she and her husband had moved to Australia as skilled migrants from Papua New Guinea. 

The mother of four was lying in a Queensland hospital bed and doctors were trying to figure out why she was feeling so unwell. That's when they ran blood tests. 

The one for human immunodeficiency virus, or HIV, came back positive.

"It was overwhelming," Debbie said.

"It was very hard for me to understand and accept that I had this."

Debbie's husband was then screened and he also tested positive.

Looking back, she is thankful for the support from doctors, nurses and counsellors, who helped her realise HIV was no longer a death sentence, so long as it's managed through medications.

After their diagnoses, Debbie and her husband went on to build a successful business that allowed them to put all four of their children through private school and university.

When they applied for permanent residency (PR) in January 2016 they were shocked to discover their application wouldn't be easy due to their HIV status.

"It was very stressful," Debbie said.

"I had mental health issues like depression, stress and anxiety. I wasn't in a good place."

What are the visa rules for HIV?

Australia is one of only around 40 countries with visa restrictions for people living with HIV.

The United States scrapped its restrictions about a decade ago. The United Kingdom and New Zealand have also dropped theirs.

Australia was  criticised in 2021 by the United Nations-affiliated group UNAIDS for having laws that "discriminate against people on the basis of their HIV status".

"The Australian government should wipe away all of the barriers that stop people (with) HIV moving freely to and from Australia," Health Equity Matters CEO Darryl O'Donnell said. 

Advocates will use the International AIDS Society's annual conference, being hosted in Brisbane this week, to call on the government to unwind those laws.

They will argue the policy instils stigma and that Australia will struggle to eradicate transmission of the virus without change.

HIV diagnosis in Australia has halved in the past decade and the country could be transmission-free in three-to-five years, according to data from UNSW's Kirby Institute, released last week.

But for that to happen, more work is needed in migrant communities where testing rates are typically low and transmission rates aren't falling as hoped.

Mr O'Donnell said, despite the fact people wanting to remain in Australia permanently will need to be tested eventually, the visa restrictions ingrain stigma and scare people out of testing early. 

"If there's fear that a HIV positive test result will become a flag for an application for residency, people will hold back."

For those who are positive, a cost analysis is done to determine if the person will exceed the government's "significant cost threshold". 

"The cost of antiretrovirals (the medicines used to fight HIV) are around $11,000 per year," said Alexandra Stratigos, the principal solicitor of the HIV/AIDS Legal Centre.

That's about double the government's cost threshold, she said  — meaning everyone with HIV exceeds it.

Those on eligible visas who then apply for PR may be able to get around the policy if they're granted a health waiver.

However, approval of that waiver is discretionary, and people can go to the Administrative Appeals Tribunal (AAT) — a body that reviews government decisions — to appeal.

Ms Stratigos represents clients at the AAT and said her results proved the policies were outdated. 

"We have a relatively high success rate of getting people a permanent visa in the end. But it takes many years of processing," she said.

Ms Stratigos said the existing rules force some applicants to reveal their HIV status to their employer, raising privacy issues, and they can lead to people staying in abusive or exploitative situations because they want to avoid testing.

Rules 'don't meet community expectations'

In most other areas, Australia's response to HIV and AIDS has been world-leading, advocates say.

Collaboration between health officials and at-risk communities has been key to success, underpinned by high testing rates and a focus on prevention and treatment.  

It's got Australia on track to potentially be the first country in the world to virtually eliminate community transmission of HIV.

But, Mr O'Donnell said, our immigration policy "hasn't kept up with the advances in science".

"This is an anachronism. It's a throwback to two decades past when we didn't have good treatment for HIV," he said.

"We now have medicines that are very affordable and very cheap. There really isn't an economic impost for someone coming to Australia because of HIV... but people are still locked into a process of seeking residency that can drag on for years and years."

In a statement, Immigration Minister Andrew Giles agreed the health-related visa rules were problematic.

"Australia's approach to migration health requirements does not meet community expectations," he said.

"I see this almost every week in the personal decisions I make to intervene in the visa system via ministerial intervention."

Mr Giles said he has "engaged on the issue" with Health Minister Mark Butler, as well as HIV experts and those with lived experience since taking the immigration portfolio.

Debbie's fight for her PR visa stretched on for seven years. She got it earlier this year after an AAT ruling.

"We were not a burden to society. We were trying to prove that and we did," she said.

*Name changed to protect privacy

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How to Migrate to Australia: A guide for People with HIV

Most Australian visas are subject to a requirement which would make sure applicants commit to meeting certain criteria, especially when it comes to health. Which comes as to no surprise why the health checks often performed by the Department of Immigration and Border Protection include an HIV test.

Visa applicants affected with HIV are assessed against a range of health requirements where applicable. These can be found on Schedule 4 of the Migration Regulations 1994.

Generally, what is required in each criterion would need applicants to be assessed to know the following:

• If the non-citizen is free from tuberculosis
• If the non-citizen is free from a disease or condition that may cause him or her to be a threat to the country’s public health, or become a danger to community
• If the non-citizen is free from a disease or a condition which would most probably require him or her to have health care, or be committed to community services, or meet the medical criteria a community service’s provision, and that the provision of such services would most likely result in a weighty cost to the community in either or both healthcare and community service areas, or compromise an Australian citizen or permanent resident’s access to health care or community services.

It does not matter if the healthcare or the community services will be used in connection with the non-citizen with the related condition, this test will apply to him or her.

While the 1 st and 2 nd requirements are not usually related to those who have HIV in our opinion, the 3 rd requirement usually is.

Because of this, the DIBP commissions a medical officer’s services for a valid assessment to be performed as to whether the condition of an applicant with HIV would generate significant costs to healthcare and community services, should a visa be granted. Currently, there is a $40,000 policy threshold for the level of costs considered to be significant.

The estimated cost for temporary visa applicants’ proposed stay in the country is considered over the period of the visa’s validity. The time period for permanent visa applicants for estimating costs is usually assessed over a period of 5 years, but that still depends as it could be longer.

A person affected by HIV is usually not able to meet the requirement for the relevant health criterion due to the threshold and the considerably high costs of the Highly Active Anti-Retroviral Therapy program. However, this would still depend on the viral load as well as the condition of the applicant.

In-spite of this, HIV positive applicants who are presently not receiving treatment as well as not anticipated for the any visa’s duration, can possibly meet the health criteria as well as get lower costings if applying for shorter term visas. This is why extra care needs to be taken in terms of finding out how long they are proposing to stay through their temporary visa application.

Can you still live in Australia permanent even if you’re HIV positive?

It all depends on the type of visa the person is applying for, and if the health criterion that can capture the affected applicant can be waived.

Though not made available universally, health waivers can still be procured for a number of skilled, family, and other types of visas to this day. It can be accessed by giving proof that there are certain circumstances present which would require a waiver in the first instance of the related health criterion.

What are the circumstances that you can get a health waiver?

The factors the DIBP will take into consideration when it comes to deciding if a health waiver is generally allowable include:

• The impact it would have on children who are Australian citizens, and the significance of any family ties
• The effect it would make to the health of the applicant if forced to relocate
• If there are benefits to the Australian community or the economy should the affected applicant and/or their family members be given the waiver
• If the affected applicant or his/her sponsor has the ability to offset the possible treatment costs
• Other factors that can be considered as relevant

Can an HIV positive non-citizen get a partner visa?

Yes, as partner visas are one of the Australian visas that do have an embedded health waiver within. This however, does not guarantee a successful application. Nevertheless, an HIV positive applicant would still need to prove that they deserve to be given such a waiver.

If an HIV positive person is applying for a visa, are there any reasonable considerations that should be looked into to support their application?

Careful strategic considerations will be usually taken towards an HIV positive person’s visa application, in terms of determining if there is a suitable option for a visa which has a provision for a health waiver. If there is one available, and if it is in conjunction with any treating providers, the first thing to do among other things is the establishment of the condition’s full extent such as the CD4+ cell count, if there are co-infection issues, if there is a treatment being made as of the present, etc.

Once these are all established, preparations need to be put into detail in a way that in-spite of the applicant’s condition, he or she will still have great odds in gaining entry, and staying in Australia.

Source: www.samesame.com.au

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Applying for a Partner Visa when HIV+

Freedom Migration specialises in processing visas that enables couples to be or remain together in Australia (e.g. Partner visas). If the immigrating partner is HIV+, this can make the visa application process more complicated; but, by no means is it the end of the road. 

Here are some of the common questions we get asked:

1. Can I migrate to Australia if I am HIV+?

It depends on what visa you are applying for because all visas to Australia have health criteria, and the health requirements differ from visa to visa.  When it comes to the Partner visa, the short answer is YES. You will have to jump through a few more hoops; but, it is possible to migrate to Australia and we have had numerous success stories ! Regardless of whether you are applying for the Partner visa or a different type of visa, we will look for visa options that you may meet the criteria for, or can argue to be exempt from meeting the visa criteria such as arguing for a  Health Waiver.  

2. What is a Health Waiver?

If you’ve applied for a visa that allows for a Health Waiver, the Department of Immigration and Border Protection is made aware of you not meeting the health criteria because of your HIV+ status, they will write to you, giving you the opportunity to present reasons why they should consider exempting you from satisfying the health criteria so you can be granted the visa. This is what we refer to as a request for a   “Health Waiver”.  

3. Is a Health Waiver complicated ?

A health waiver is a complex issue, and so we strongly recommend seeking professional advice from a Registered Migration Agent experienced in health waiver matters   .

4. Do health waivers get granted ?

When assessing the health waiver, the Department of Immigration and Border Protection will look at your circumstances individually because everyone's situation is different. There is no one size fits all, which also makes it not a straightforward process.  

5. Do I have to tell the Department about my HIV status ?

Yes, absolutely! if you know of your HIV status and lie on an application form , you risk ending up in a much worse situation. Providing incorrect information with your visa application can result in your visa being refused or cancelled. It can also result in exclusion periods from Australia of up to 10 years.  

6. I was diagnosed with HIV in Australia. Does that impact my health waiver?  

Unfortunately, when and where you were diagnose is not important, because the question the Department is asking is simply whether you are HIV+ or not.    

7.  Why does HIV prevent me from possibly passing the health criteria for a visa?  

Most commonly, visa applicants who are HIV+ will fail the heath criteria because the Medical Officer of the Commonwealth will likely form an opinion that the cost of treatment during the visa applicant’s lifetime will  result in a significant cost to the Australian community . Treatment includes pharmaceuticals and community services.  

8. Will the fact that I import my medication from overseas, or, I am not on medication reduce the chances of me failing the health criteria?  

No. The Medical Officer of the Commonwealth will base their opinion on the treatment a hypothetical person in your situation (i.e. taking the medication you are taking or may need to take) will need during one’s lifetime.  

9. What do I need to show the Department to get a health waiver?  

Apart from proving that you meet the requirements for the visa, for a Partner visa , you will need to satisfy the Department that granting the visa would be unlikely to result in: undue cost to the Australian community; or undue prejudice to accessing health care or  community services of an Australian citizen or permanent resident  

10. Do I need a Registered Migration Agent?  

Having some form of representation is strongly recommended because this is by no means a straightforward issue.  

11. What if my health waiver gets rejected?

If the visa you have applied for allows for a Health Waiver (i.e. a Partner visa ), and the Department is of the opinion the evidence you put forward did not warrant waiving the health criteria, your visa application will be refused. If your visa is refused you may be able to lodge a review of the decision to the Administrative Appeals Tribunal. It is important to note that you will have a limited timeframe in which to apply for the review so it’s important to get advice from a registered migration agent fast!   

1 2. Is there any particular visa that has a higher chance of getting approved?  

This is a tricky question to answer. The health criteria requirements vary from visa to visa so you may have a better chance at a waiver for one visa over another, and for other visas your HIV status will not matter for the visa to be granted. It is best to speak with a registered migration agent to understand whether the health criteria  is needed for the visa you are interested in applying for and what you may need to argue for a health waiver .  

If after reading the above questions you feel it’s time to get answers to your specific questions, call our office on 07 3063 1200 and get yourself booked for a Visa Planning session.

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HIV and travel

• Make sure you pack enough of your anti-HIV drugs to cover your trip.
• Some live vaccinations are not appropriate for people with HIV.
• Some countries refuse work or residency visas to people living with HIV.

Many people living with HIV travel regularly for work, business, study, and for pleasure. In most cases, HIV is not a barrier to travel and holidays. This page provides an introduction to some of the issues you may want to think about if you are planning to travel.

As for other long-term health conditions, it is sensible to consider your health and medication when you make your travel plans. At the most basic level, consider if you are well enough to undertake the trip you are planning.

People living with HIV are able to travel to most countries of the world. But some countries have restrictions on entry for people with HIV, most often for people applying for a work or resident’s visa. See  Travel restrictions  below.

Also, find out if you need any  vaccinations  or other preventive medicines, and if it is safe for you to have them. What vaccinations you might need depends on where you are travelling to. If you are accessing travel vaccinations through your GP, it is important that they know you have HIV so they can give you the most appropriate care. It’s also important your GP knows about all the drugs (including anti-HIV drugs) you are taking, in case there are any possible interactions with drugs you might be given for travelling, such as anti-malarials or antibiotics. People with HIV are recommended to avoid some live vaccinations. Find out more on our page on the recommended vaccinations for people living with HIV.

Travelling with HIV treatment

Temporarily switching to injectable hiv treatment, treatment breaks, timing your doses, accessing medical treatment away from home, travel restrictions.

It might be very difficult, or even impossible, to get supplies of your medication once you’ve left home – even if you are just taking a short trip in the UK or Europe. Therefore, make sure you take enough of all your medicines with you to last the full duration of your trip. It might be wise to count out your medicines before you travel and to take a few additional doses just in case you are delayed.

It’s safest to carry your medication in your hand luggage, as this is less likely to get lost. Or you may choose to put some in your hand luggage and some in your suitcase, in case either bag is lost. If you are travelling to another country it makes good sense to have a copy of your prescription or a letter from your doctor  explaining that your medicines are for a chronic medical condition. Find out more on our page on travelling with HIV medication .

If you feel uncomfortable about travelling with your HIV medication or are concerned about entry restrictions for people with HIV, one option might be take injectable HIV treatment. Depending on what is available where you are, your doctor may be able to provide an injection which will cover you for the duration of your trip. You may need to switch back to daily tablets when you return.

At the time of writing, the only complete HIV treatment provided by long-acting injections is a combination of cabotegravir and rilpivirine. In Europe, the brand name for injectable cabotegravir is  Vocabria,  while the brand name for injectable rilpivirine is  Rekambys.  In North America and Australia, the two drugs are packaged together, with the brand name of  Cabenuva.

The injections can be taken either once a month or every two months. They would not suitable for a trip of longer than two months. For more information, see our page on cabotegravir and rilpivirine injections .

Treatment breaks  are not recommended. If you are thinking of taking a break from your HIV treatment to travel, then you should discuss the possible risks of this with your doctor. These risks include developing  resistance  to your drugs, being more vulnerable to health problems in the future and – if you have a low  CD4 cell count – of becoming ill while you are not taking treatment.

If you are travelling across time zones, this will have implications for the time you take your medication. Generally, it’s best to adapt to the time zone of your destination as quickly as possible – if you usually take medication with breakfast at home, you should take it with breakfast during your trip. Keeping the same routines around pill taking will probably help your adherence.

undetectable viral load

A level of viral load that is too low to be picked up by the particular viral load test being used or below an agreed threshold (such as 50 copies/ml or 200 copies/ml). An undetectable viral load is the first goal of antiretroviral therapy.

Measurement of the amount of virus in a blood sample, reported as number of HIV RNA copies per milliliter of blood plasma. Viral load is an important indicator of HIV progression and of how well treatment is working. 

A drug-resistant HIV strain is one which is less susceptible to the effects of one or more anti-HIV drugs because of an accumulation of HIV mutations in its genotype. Resistance can be the result of a poor adherence to treatment or of transmission of an already resistant virus.

chronic infection

When somebody has had an infection for at least six months. See also ‘acute infection’.

The act of taking a treatment exactly as prescribed. This involves not missing doses, taking doses at the right time, taking the correct amount, and following any instructions about food.

If you are stable on treatment with an undetectable viral load, then taking one dose of your drugs a few hours early or late, because of a change in time zones, will not usually cause problems. You can get more detailed advice on our page on travelling with HIV medications . You can also ask for help from your doctor or pharmacist.

If you live in the UK and are travelling elsewhere in the country, you should contact the nearest accident and emergency department if you need emergency care. You can be seen by a  GP  away from home as a ‘temporary resident’ if your trip is for under two weeks. If you are entitled to free NHS care, you can get this anywhere in the UK.

The UK has agreements with some countries  allowing for free or reduced cost medical care that a person may need.  This includes members of the European Union, Australia and New Zealand, but there are restrictions on the types of medical treatment that are covered. UK residents should carry a Global Health Insurance Card (GHIC) when travelling.

It may also be wise to consider taking out travel insurance. Most policies specifically exclude treatment for a pre-existing medical condition (this would include HIV), but will still provide cover if you have an accident or become ill with something unrelated to HIV. Some companies provide travel insurance cover that includes HIV. You can get more detailed information on our page on travel insurance.

A number of countries restrict entry for people with HIV. This means that foreigners with HIV may be refused entry, denied permission to work or settle, or even be deported.

A few countries ban all foreign HIV-positive individuals from entering a country; others have no entry restrictions for tourists but require individuals to be HIV negative in order to apply for a work or residence permit. There's more detailed information on our page on travel restrictions.

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Can I Travel or Work Abroad if I Have HIV?

Some countries are tricky when it comes to traveling with HIV and dozens have legal restrictions on foreigners who have HIV. As the holiday season oftens sparks wanderlust, we've scoped out some popular destinations for you.

News last year that Signapore removed it's barrier on HIV-positive travelers reminded us that if you’re HIV-positive and looking to visit or work in another country anytime soon, you had better know whether your status will be a source of trouble. In some places, stories of travelers who ended up at the emergency room after an unexpected accident and then found themselves immediately deported for being HIV-positive aren’t uncommon. Forty-five countries, territories, and regions have some legal restrictions on foreigners known to have HIV, according to a 2012 study compiled by UNAIDS.

Caribbean Paradises Turks and Caicos (above) in the Caribbean are a sightseer’s paradise, but the islands bar HIV-positive people from working or residing there for even a short period. But if your hopes are set on escaping to the Caribbean, there are no laws on the books barring HIV-positive tourists from St. Lucia or Trinidad and Tobago, and, let’s face it, they probably have better beaches.

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