Immigration and government officials

Government policy says that having HIV can never be used as a reason to refuse applications for visas, leave to remain or asylum.

Applying for asylum or leave to remain

If you apply for asylum, the application must be based on a fear of persecution for reasons of race, religion, nationality, membership of a social group or political opinion.

If you are applying for leave to remain solely on human rights or compassionate grounds, the Home Office will consider several factors together, including HIV status. The relevance of this will depend upon the extent and severity of your health problems and symptoms. A good immigration lawyer can advise you on the likelihood of you being granted leave to remain in the UK on this basis.

In either of these cases, disclosing your HIV status to officials may help you to get accommodation and financial support. This may be available from the local authority in the area where you are resident. To apply, speak to a social worker or the social services department of the local authority.

An alternative for asylum seekers is support from the National Asylum Support Service (NASS). The disadvantage is that NASS may try to ‘disperse’ you to another part of the country. However, current NASS policy says that if they know you are living with HIV, they must consult your doctor to make sure there will be appropriate health care in the place you will be sent to.

Find out how we can help asylum seekers here.

NHS treatment

If you are applying to stay in this country, appealing against a refusal or have leave to remain, you probably have the right to free NHS treatment. 

You can find out more about your rights to healthcare here.