China Ban on HIV Poz, Advice needed

[themask]

I need to travel to China and need to apply for a bussiness Visa, multiple entries.  I understand, that China has ban on HIV people.

How do they ban POZ people, does all foreigners need to test for HIV? I read in some news and learned that they do it randomly, is it true?

In the application, I read that they ask for the status of a person. Do I need to disclose it? What if I answer in affirmative?

I am really not at ease in travelling to china and since I have become+, I afraid in travelling to other countries, since I was deported from  the country where I previously based.

Please advise, I don't want to be put in the bad position

[Matty the Damned]

Are you on medications? If not I think you can just lie.

Say you're HIV negative and I doubt you'll be tested.

MtD

[Inchlingblue]

I was under the impression that China lifted its HIV ban earlier this year. Maybe it has not yet taken effect?

LINKS:

http://forums.poz.com/index.php?topic=32326.0

http://www.state.gov/secretary/rm/2010/04/141042.htm

This website has a lot of information about HIV and travel:

http://hivtravel.org/

[PeteNYNJ]

If I can remember correctly, when I went to Russia last Summer, they didn't even ask the question.  If they did, I just lied and no one checked or anything.  Russia was on (and maybe still is on) the list of countries that would bar entry to HIV poz individuals.

[aliveinla]

I got my China visa about 1.5 years ago. I think I just lied on the application form--back then i wasn't on meds. Some of the questions are silly--in the same are about HIV, they also asked for VD and mental illness.

Now I go to China about 4-5 times per year, with my meds, never had a problem at all. They don't test anybody randomly without their consent, as far as I know.

[Inchlingblue]

Now I go to China about 4-5 times per year, with my meds, never had a problem at all. They don't test anybody randomly without their consent, as far as I know.

Do you have to fill out a questionnaire where they ask directly? If so, what do you say?

[TC]

It is worth mentioning that it was only recently that the USA lifted its ban on HIV+ people visiting the country.

Although that having been said on my way to Costa Rica from the UK I passed through Miami and we all had to go through Immigration and Customs to get on the plane at the next gate (bloody pain that was) and even though I had all my meds in my hand luggage there were no problems regarding my status.  

That having been said China is rather a different kettle of fish - may not be the nicities of due process with officials.

However if you are not on meds - there is no way they can find out.

On the HIV Travel site http://hivtravel.org/Default.aspx?PageId=143&Mode=list&StateId=1, it states:
HIV-specific entry and residence regulations for China

* Update regulations

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 would 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 lead 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: 8, 9)

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)

Tourists and short term visitors have to declare their HIV status on the revised visa application form. No HIV test result is required. According to the form, a positive HIV status has no impact on the granting of a visa. Until recently, China deported HIV-positive foreigners. We do not have enough information on the consequences of a positive self declaration or about changes in deportation practices.

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

The health declaration form is no longer required at border control.

[komnaes]

China has (in theory) left the travel ban, but it's not clear as to whether it applies to work visa. We have friends in here that were previously banned when they were found out (through application of work visas, etc, when they were not aware of their status and went to get tested) but since cannot successfully apply for a travel visa because they are on a "black list". Of course no one can and cares to explain how can one be de-listed.

So if the application does not require you to declare, I don't think you have to as they have officially declared that HIV is not a factor. The risk of declaring without being asked is that your application may be rejected for "other" reasons which of course they won't tell you.

As far as I know there's no need to get tested for a travel visa.

I am based in Hong Kong and have been helping some friends to sort out the aforementioned mess. Do keep us posted and perhaps I can help to dig up more information.

Best of luck! Shaun

[funone]

I just got back from a trip to Shanghai on a visitor visa (L).  I had my meds in my carry-on.  They didn't check my baggage or even ask me any questions.  Picked up my bag on the carousel, handed an official my landing card, and walked through the open doors.  That was it.  I did not declare my status on the visa application form. 
Hope this helps.

[komnaes]

I did not declare my status on the visa application form. 

Hi Funone,

Since I live in Hongkong and don't need a travel visa to go to China, I don't know if HIV status is still on the travel visa application form. Is it still requiring folks to declare during the application process?

Thanks, Shaun

[littleprince]

This is a bit of an old thread but thought I'd let you know that the China viasa application form was updated last month and now doesn't ask if you have HIV. I guess it takes a while for the immigration department to catch up with law changes in the country.

[komnaes]

This is a bit of an old thread but thought I'd let you know that the China viasa application form was updated last month and now doesn't ask if you have HIV. I guess it takes a while for the immigration department to catch up with law changes in the country.

Thanks for the update. When you said the "form" does not ask about HIV status, is it for travel visa only, or also for short term business visa? I assume that it does not apply to work permit, right?

Did you or anyone you know just apply? I would very much appreciate if you could scan the form and post it if you have it. I am interested because it's something the group I do volunteer work here in Hong Kong keeps being asked (HIV and travel/work visa in China).

Thanks, Shaun

[littleprince]

Below is the link to the forms provided by the consulate in Australia. I'm not sure about work permits.

http://au.china-embassy.org/eng/ls/t806591.htm#

[aliveinla]

Below is the link to the forms provided by the consulate in Australia. I'm not sure about work permits.

http://au.china-embassy.org/eng/ls/t806591.htm#

great news. HIV status indeed is not asked on the form from your link on Australian Chinese embassy's website, instead, it asks for "Other infectious disease of public health hazards"

But the form on US China embassy's site still asks for HIV status. http://www.china-embassy.org/chn/hzqz/zgqz/P020070611087242661716.pdf

Do you suffer from any of the following diseases?
否 / No 是/Yes
①精神病/ Mental Diseases
③性病/ Venereal Diseases
⑤麻风病/ Leprosy
②开放性肺结核/ Open Tuberculosis
④感染HIV 或艾滋HIV Positive or AIDS

Weird...

My business visa just expired in February 2011, and I had to apply for a new one. This question was on my form, but i simply lied, again... Have been to China twice after my new visa was granted, with my meds, no problem...

[aliveinla]

Thanks for the update. When you said the "form" does not ask about HIV status, is it for travel visa only, or also for short term business visa? I assume that it does not apply to work permit, right?

Did you or anyone you know just apply? I would very much appreciate if you could scan the form and post it if you have it. I am interested because it's something the group I do volunteer work here in Hong Kong keeps being asked (HIV and travel/work visa in China).

Thanks, Shaun

Shaun,


My curiosity went up so I did more digging. Based on what's on US China Embassy's website, someone who wants: "X"(Study) and "Z"(Work) visa applicant  who stays in China for more than six months" need to get a physical exam, and this is the form: http://www.china-embassy.org/chn/hzqz/zgqz/Q2.pdf

HIV test is on there.

But again, we know US China embassy's webiste isn't up to date so maybe this is already not needed any more.

[littleprince]

The old form is still in use. A China visa application agency here has the old form on its site still and that's why I went looking on the consulates site.

[Nestor]

This is a bit of an old thread but thought I'd let you know that the China viasa application form was updated last month and now doesn't ask if you have HIV. I guess it takes a while for the immigration department to catch up with law changes in the country.

Hi, Just yesterday I was at the Chinese embassy at Hanoi applying for a tourist visa, and the form I was given does indeed whether one suffers from a list of diseases, including "HIV positive or AIDS".  It then says that an affirmative answer does not necessarily result in a denial of a visa. 

I can also say that people applying for a work visa in China (for example to teach English for a year) are asked to have a medical test both before applying for a visa in their own country, and then again upon arrival in China.  This is stricter than it was in 2003 when I first went to China.  By all accounts screening for HIV and TB is virtually the sole purpose of the test. 

[komnaes]

Hi Alive, long time no speak man. Hope things are fine..

Well you know China as much as I do.. but still I can never really understand why it takes so long to implement a policy - whether it's just a bureaucratic mess up or they're indeed saying one thing (they would relax on HIV visa restriction) but doing the opposite. Maybe it will take a while for all the embassies to update the forms.

As for work visa, I think it's still the same - total ban. And why you think it's stricter now Nestor, I guess it's only that even back in 2003 and before there were simply not that many foreigners wanting to live and work in China, and the officialdom at the time simply didn't think about HIV at all.

I have tried for months now to help a foreigner friend living in Hong Kong to get a travel visa. He unfortunately found out his status while working in China and doing the annual renewal test.. and since 2 years ago he was still being rejected as his name is a "list", which no one is willing to tell us how to get one out of it.

Shaun

[Inchlingblue]

Hi, Just yesterday I was at the Chinese embassy at Hanoi applying for a tourist visa, and the form I was given does indeed whether one suffers from a list of diseases, including "HIV positive or AIDS".  It then says that an affirmative answer does not necessarily result in a denial of a visa. 

I can also say that people applying for a work visa in China (for example to teach English for a year) are asked to have a medical test both before applying for a visa in their own country, and then again upon arrival in China.  This is stricter than it was in 2003 when I first went to China.  By all accounts screening for HIV and TB is virtually the sole purpose of the test. 

In your personal experience, have you been able to get the tourist or work visa? Did you answer "yes" to the question asking if you have HIV?