China - Regulations on Entry, Stay and Residence for PLHIV


Restriction category relative to China

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

 
Entry regulations Residence regulations Additional information
No restrictions for people with HIV/AIDS for stays of up to 6 months.* HIV test required for work and study visa applications of more than six months.

HIV-specific entry and residence regulations for China

* Update regulations 

China no longer restricts tourists living with HIV from visiting the country, but will not issue them residence permits. Please verify the restrictions with the Embassy of the People’s Republic of China before you travel.

(Source: 6)

According to the website of the Chinese Embassy in Switzerland, an HIV test is required when applying for a work or study visa for more than 6 months. We are receiving reports from people being rejected work visa due to their HIV status.

The website of the Chinese Embassy in the United States still list HIV infection as a ground for non admission. This information is outdated.

We are receiving many inquiries from China visa applicants. In many cases, people seem to be confronted with outdated visa forms still asking for HIV status. If confronted with such a visa form, it is important that applicants do not admit their status.

(Source: 5)

April 28 2010, the Government of China has announced to lift the entry bar against people with HIV/AIDS with immediate effect. The entry ban against people with leprosy and with sexually transmitted diseases was also lifted. 

As of this writing, we have not seen translations of the new entry and residency regulations nor the new visa application forms. It is therefore not clear how the new laws will be implemented in practice and how fast this is happening. It is unclear at this time if prospective visitors will be asked their HIV status on visa entry forms.

Until we can publish up to date information on China’s new policy, we recommend the following:

  • If travelling to China on a tourist visa or short term business trip: do not declare your status on the visa application form. Historically, people declaring their status truthfully have been denied entry.
  • Be careful with voluntary status declaration (refrain from wearing red ribbon stickers etc.).
  • In case of a long term professional stay in China (longer than six months): Check the situation carefully. Until now, a negative HIV-status was mandatory for foreigners staying in China on long term permits. Tests have also been performed in China and without consent of those concerned. A positive test result led to immediate deportation, job loss and unemployment.
  • Check this page for status updates.
  • Hong Kong, Macao: Both cities have separate entry and visa regulations without restrictions for people with HIV/AIDS 
(Sources: 3, 4)

Work permit applicants have to undergo HIV testing (diplomats excepted). The test has to be performed at designated clinics. The only place licensed to do so is in Beijing:

  • Beijing International Travel Center
    Phone: +86 10 586 48751
    Facsimile: +86 10 586 48751

The charge is 700 Yuan (350 for students), and credit cards are not accepted. Tests performed abroad are accepted if:

  • The examination has been performed according to specified norms.
  • A current HIV and syphilis test result is provided.
  • The form has been authenticated by the Chinese embassy or consulate

A work permit is not granted in the case of a positive test result.

(Source: 1)

Information from 2008:

An increasing number of people report being denied a tourist visa as a consequence of a declaring their HIV positive status on the visa application form. We have no information about changes in deportation practices.

(Source: 2)

 

HIV treatment information for China

HIV treatment facilities in China are not adequate

(Source: 1)

 

HIV information / HIV NGOs in China

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/.

 

Key HIV resources for China

  1. Regional Physician at the Embassy of Germany, Beijing, March 5, 2008
  2. The authors; Visa Application Form for the People’s Republic of China, Embassy of the People's Republic of China in Switzerland consulted July 24, 2009
  3. Government of China web site, www.gov.cn/zwgk/2010-04/27/content_1593743.htm, http://english.gov.cn/2010-04/28/content_1594536.htm, accessed April 29, 2010
  4. The authors; : Visa Application Form for the People’s Republic of China, Embassy of the People's Republic of China in Switzerland, consulted April 7, 2012
  5. U.S. Department of State, http://travel.state.gov/travel/cis_pa_tw/cis/cis_1089.html consulted April 7, 2012

 

updated: 4/7/2012
Corrections and additions welcome. Please use the contact us form.

 

Comments on HIV-restrictions in China

 
 
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Posted: 17 January 2010
By:  xxx, United States of America
Comment:
I was supposed to teach English in a summer program in 2009 in China. I declared on the visa application form that I am HIV+ After the consulate received the application I was asked for a letter from my doctor. My doctor wrote that my HIV status would not be a concern for me or for others, but my visa application was rejected. I was subsequently told, off the record, that the only way to get in to China would be to lie, or to get an invitation from a government official of adequately high status.
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Posted: 18 January 2010
By:  xxx, United Kingdom and Gibraltar
Comment:
Please do you have updated info about China and foreigners with HIV? I want to visit as a tourist but see on the visa form I have to declare my status. If it is positive, will I get a visa? Do they check at bordes these days??
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Posted: 03 February 2010
By:  Stephen Wong, Australia
Comment:
All visa applicants have to declare their HIV/AIDS and any Infectious Diseases (including Hepatitis B and C)status, for short or long stay. If you declare Yes, your application will be refused despite statement on the visa application that "you will not lose eligibility". This is because their Rules for the Implementation of the Law of the People’s Republic of China on Control of the Entry & Exit of Aliens (2004-08-03) explicitly deny entry by aliens with HIV/AIDS and infectious diseases, Period.
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