Migrating to Australia
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 the health requirement test, 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 your own or a family member'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 guide. See below for information about obtaining legal advice.
Navigating issues relating to HIV and immigration can very complex as immigration legislation, regulations and procedures change from time to time. You should check for the latest information. You should contact a migration agent or legal centre for legal advice or assistance regarding your own or another person's situation. The Factsheet Applying for permanent residence in Australia Information for people with HIV provides a comprehensive list of legal referrals.
The following two organisations may be useful starting points for legal advice about HIV and Migration:
- the HIV/AIDS Legal Centre, www.halc.org.au, which can be reached on 02 9206 2060.
- the Immigration Advice & Rights Centre, www.iarc.asn.au, which can be reached on 02 9279 4300.
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