Migration & travel
Living with HIV can restrict travel or migration to some countries, including to Australia. Some laws are HIV-specific, but a range of laws can also impose varying restrictions on consensual sex. Appliaction of these laws can depend on age and gender, and on whether a person is engaged in sex work.
Travel
In relation to travel, in some countries:
- entry restrictions apply for people living with HIV. These can differ for tourists, students, migrant workers and migrants. See the Positive Travel Info Website for more information
- criminal sanctions apply for non-disclosure of HIV status prior to sex, including in some Australian states
- heavy penalties apply for engaging in male-to-male sex. The report, “Enabling legal environments for effective HIV responses: A leadership challenge for the Commonwealth”, provides more detail about these laws
- the age of consent for consensual sex differs for males and females. Where male-to-male sex is not illegal, age of consent laws can differ for heterosexual and homosexual sex – including across Australian states and territories
- heavy penalties can apply for engaging in sex work
Internet sites and gay guides available in bookshops can provide useful information on laws in a particular place. Most cities with large commercial gay scenes will have weekly newspapers that list gay venues such as bars and nightclubs as well as sex venues such as saunas (bath houses) and cruising clubs.
Useful links include:
- The International Gay and Lesbian Human Rights Commission site, which has news and updates on individual countries
- The Positive Travel Info website for entry and visa requirements for individual countries
Migration
An HIV positive diagnosis may affect an individual’s application for permanent residence in Australia, and also applications for some types of temporary visa. The policies are quite complicated and the process of applying for a visa for someone with HIV can be complex. The best approach is to get professional advice, either from a migration agent or lawyer.
Can a person living with HIV migrate to Australia?
Yes, but only in certain circumstances. Generally, people living with HIV applying for permanent visas do not pass Australia’s health requirement, though they may be granted a permanent visa under the 'waiver' provisions.
The Factsheet Applying for permanent residence in Australia Information for people with HIV and their advisors provides general information about how an HIV-positive diagnosis may affect an individual’s application for permanent residence in Australia. The information in the Factsheet does not constitute legal advice and the Australian Federation of AIDS Organisations cannot assume responsibility for the consequences of any errors in this factsheet.
Navigating issues relating to HIV and immigration can very complex as immigration legislation, regulations and procedures change from time to time. For the most up-to-date and accurate information, it is best to contact a migration agent or community legal centre. The Factsheet Applying for permanent residence in Australia Information for people with HIV and their advisors provides a comprehensive list of legal referrals. The following two organisations may be useful starting points for information about HIV and Migration:
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