medical examinations for entry to canada and hiv

[jupiter]

Hi,
read an article saying that you need tio undergo a medical examination to migrate to canada and hiv pos people are refused is that correct??
do citizens of every country need a medical examination?

[ACinKC]

THis may help....

http://www.aidsnews.org/2005/04/travel-restrictions.html

[The Canuck]

Jupiter,

Hi,
read an article saying that you need to undergo a medical examination to migrate to Canada and hiv pos people are refused is that correct??
do citizens of every country need a medical examination?

The fact someone would test poz doesn't mean he wouldn't be able to migrate to Canada. Actually there was an article in a local newspaper about a month (or two ) ago stating that only 28 HIV+ were denied to migrate to Canada and 720 could migrate to Canada. The 28 aformentioned were denied access to Canada for different reasons in regards to Canadian immigration laws in general ( police records and the like ). I go from memory for these numbers but it was around these figures.

For Canada, HIV+ status isn't a problem for travelling though.

I can't answer the last question though and don't know if all countries require medical examination. I would think '' yes '' in general.

Regards,

The Canuck

[manchesteruk]

Hi Jupiter,

I looked into immigration to canada not so long ago as it's always been somewhere i'd like to live for a while.  If you are staying for less than 3 months there won't be a problem.  From what I understand you would undergo a medical if you wanted to stay in canada for longer than 3 months.  Refusal on the grounds of being HIV+ I think depends on how much you are going to rely on services while you are there.  If for example you are HIV+ and not on meds or if you are on meds and have no problem holding down a job I don't think you would be refused entry don't quote me on that though!  But if you were going there and would end up on disability straight away I think thats where there could be a problem.  Don't forget as well there is a points system for entry into canada im not sure if thats the same situation for people in the US but it is for people in europe.   My best suggestion is to just google the subject and see what you can find.

Chris

[jupiter]

i see. there is then the issue of disclosure and privacy! thats a tough thing. who does your positive status get disclosed to e.g. what government agencies?

I know the states for example and yes i know it is a different country but they wont allow positive people in (if they find meds in your luggage)

[DanielMark]

As a Canadian, I am sorry to tell you:

Canadian HIV/AIDS Policy & Law Newsletter
Volume 2 Number 2 - January 1996

Travel and Immigration

Release of Report on Canada's Travel and Immigration Policies for Persons Living with HIV/AIDS
The Report, written by the Canadian AIDS Society (CAS), in preparation for the XIth International Conference on AIDS, which will be held in Vancouver from 7 to 12 July 1996, was released on 25 September 1995. It provides information on Canada's policy on the admission of persons living with HIV/AIDS who wish to visit Canada or immigrate to Canada.

Canada's Immigration Policy

Persons who wish to immigrate to Canada must meet the same criteria as visitors: they must not represent a danger to public health and safety, and their admission must not place excessive demand on Canada's health and social service systems.

Currently, it is the policy of the Canadian government that persons living with HIV/AIDS would place excessive demand on Canada's health and social service systems and that they are therefore not allowed to immigrate to Canada. However, the government does not routinely test potential immigrants for HIV.

In contrast to immigrants, persons who are found to be refugees do not have to meet any medical criteria. There has been at least one case where a self-declared person living with HIV/AIDS has been allowed into Canada as a refugee.[1]

Recently, government officials have been preparing guidelines to clarify the meaning of "excessive demand" because the term is not defined in the Immigration Act.[2] According to CAS, it is possible that some persons living with HIV/AIDS would be able to officially immigrate to Canada under a new definition of excessive demand, "but there is no certainty of this."

CAS's Position

CAS is "opposed to routine or mandatory HIV testing of immigrants" and believes that "a blanket exclusion of immigrants living with HIV is inappropriate and that each application for immigration should be assessed on its merits."

[jupiter]

As a Canadian, I am sorry to tell you:

Currently, it is the policy of the Canadian government that persons living with HIV/AIDS would place excessive demand on Canada's health and social service systems and that they are therefore not allowed to immigrate to Canada. However, the government does not routinely test potential immigrants for HIV.

this says the government doesnt routinely test for hiv. thats a good thing. Isnt it?
plus this was dated 19965 that was before the introduction of antiretrovirals.

[The Canuck]

Currently, it is the policy of the Canadian government that persons living with HIV/AIDS would place excessive demand on Canada's health and social service systems and that they are therefore not allowed to immigrate to Canada. However, the government does not routinely test potential immigrants for HIV.

This is strange as it doesn't go into the sense of what has been published in a newspaper ( Quebec City newspaper ) recently in regards with people living with HIV. However this text above wouldn't apply for people not being a burden on the system, meaning are able to work and see to their own needs.

Regards,

The Canuck
 

[jupiter]

so just being on medication wouldnt be grounds for refusal??

and what about the results what government agencies see them??

[manchesteruk]

That document is out of date.  The whole system was reviewed in 2002 I think it's since been reviewed again although I could be wrong.  But take a look at the following article it explains everything pretty well:

http://www.aidslaw.ca/Maincontent/issues/Immigration/ImmigrationQ&A2005.pdf

This pretty much sums up the situation though:

"If you are not taking antiretroviral medications…

Immigration medical officials have indicated that HIV-positive applicants for permanent residence who are not currently taking antiretroviral medication, but who are in good health (as measured by CD4 and viral load tests), would normally not be expected to place excessive demands on Canada’s health and social services. If you are in this situation, your HIV status should not be a barrier to entering Canada.17
In all other cases, however, a person applying for permanent residence in Canada who is living with HIV is likely to be deemed medically inadmissible. If you are an applicant for permanent residence who is living with HIV but not currently taking antiretroviral medications, and you are in poor health, immigration medical officials will likely decide that you are medically inadmissible. The medical officer would likely conclude that because you are not in good health, you would be expected to place excessive demands on health and social services in the five (or ten) years following your entry to Canada.

If you are taking antiretroviral medications…

Immigration medical officials have indicated that an applicant for permanent residence who is living with HIV and who is currently taking antiretroviral medication (whether or not s/he is in good health) is medically inadmissible.18 This is because antiretroviral medications are expensive and are publicly funded to some degree for residents according to the rules of the province or territory where they live. (The extent to which medication costs are covered by public insurance varies from jurisdiction to jurisdiction within Canada.) It makes no difference if the applicant has private medical coverage that covers the costs of the antiretroviral medication. The CIC takes the view that because publicly funded health benefits are fully available to permanent residents, having private insurance does not guarantee that the applicant will continue to use private insurance."

[DanielMark]

Ooops! My bad quoting old news. Seems the bottom line is the same tho, I'm sorry to say. 

Briain-farting Daniel

[jupiter]

I dont know.
ok.
so what i have got so far is .
Medical examinations are part of the prosess but not done routinely. so they may or may not give me a medical.

if your not on arv(anti retrovirals) and wont need them for 5-10 years you should be fine. again if they even do the medical.

if you are on arv its not possible to immigrate under the current laws, (these may or may not change in the future.)

about me. Recently diagnosed (under 12 mths) and wont need arv for around about 10 years, no one can say for sure of course but as an estimate) 
I can work and support myself..

Its hard as i feel that one of my dreams have been shattered..

[thirtysomething]

I just immigrated to Canada like 3 weeks ago, though I've got permanent residency like in 2004. If you are in good health are not on HIV medications, there shouldn't be any problem. I would suggest talk to a Canadian immigration lawyer just to be safe.

[ryeguy]

Not sure about Canada, but in Germany it seems to be a bit stricter. For the first 3 months it is no problem at all. After 3 months it is possible to stay as a tourist for another 3 months. After the sixth month time period for non-EU citizens one must take an hiv test in order to get a visa. I went through this process in 1999 before I became positive. Lucky for me. Here I enjoy a very good level of health care where I only pay a 10 Euro fee quarterly along with my monthly social contribution to the German Social System for Medicine of 230 Euro. This Contribution is taken from all German citizens and permanent residents based on how much one net ts. About 13 Percent monthly.

A down side to this in Germany. If I would ever leave the country for more than 6 months I would loose my permanent residency status and only be able to come back as a tourist. That means after six months I would be forced to leave the country. This means as far as good medical care I am stuck in Germany(I do love it here).

The only alternative to come into Germany and apply for a permanent residency is to marry.....a man or women. Here It is possible for gays to marry and here we have many rights, one being residency for foreigners.

I think in just about all European countries the laws are similar, so in Canada it is probably much the same.

Greetings from Berlin,

[brandy]

Jupiter,
 maybe I can help you with this as I have experienced it.  Coutries such as Canada, the USA, Europe, and many other countries do have a law that will disallow you entry , not only if you test positive for hiv, but also tubercolosis and hepitits.
If you apply for a regualr visiting visa this will not apply, the only time this come in to play is if you are going to that country to live, you will receive papers from INS that will tell you that you will be tested for HIV, TUBERCOLOSIS, HEPITITIS, and there was another one which I forgot, it also tells you that if you test positive for any of these you will automatically be denied entry.
While you can file a petition it is realy hard, the reason for this is that countries like the usa, canada and london want to make sure that you will not be aburden on thier resources.
IF you however have family or friends living in any of these countries, they can obtain a lawyer and file a petition, where they will have to prove that in case you become ill, they are financially able to take care of you, sso that you will not be a burden on the state.
I know this becasue I have been there.
It is not so much discrimination, like I said they do not only test for hiv, they also test for other stuff.
Brandy

[Eldon]

Hi Jupiter, it is Eldon. I did a little research on this toipic and this is what I found which may be helpful to you: http://www.cic.gc.ca/english/irpa/fs-medical.html.

The Immigration and Refugee Protection Act requires that all applicants for permanent residence and some visitors who apply to enter Canada have a medical examination.