Australia - Regulations on Entry, Stay and Residence for PLHIV


Restriction category relative to Australia

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

 
Entry regulations Residence regulations Additional information
No restrictions for tourists. HIV testing for permanent visa applicants over the age of 15 is required. A residency permit will only be granted to HIV-positives meeting the criteria listed below.

Visa applications: if positive status declared, applicant is subject to health requirement assessment.

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)

Author’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 minimised
  • 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: www.immi.gov.au/allforms/health-requirements.

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 health care 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 health care 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: www.immi.gov.au/allforms/health-requirements/health-waivers.htm.

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)

 

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: j-gold@unsw.edu.au
    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: acon@acon.org.au
    Phone: 9206 2000

 

HIV information / HIV NGOs in Australia

Updated information is available through the aidsmap search engine at www.aidsmap.com/en/orgs/ux/default.asp.

 

Global Criminalisation of HIV Transmission Scan

The Global Criminalisation Scan is an initiative of GNP+. It aims to collect and keep up to date information on national and state level laws criminalising the transmission of or exposure to HIV. It also aims to provide an easily accessible ‘clearing-house’ of resources, research, and initiatives on the subject and to provide a platform for advocacy initiatives.

Find out more about the scan and the criminalisation of HIV transmission legislation at http://criminalisation.gnpplus.net/.

 

Sources

  1. 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
  2. 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
  3. UNAIDS Geneva, press release July 10, 2014

 

updated: 9/3/2014
Corrections and additions welcome. Please use the contact us form.

 

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