Current government policy is that a diagnosis of infection with HIV or related symptoms is not a ground, in itself, for refusing entry into the UK. HIV infection has not been classified as an infectious disease justifying exclusion.

An individual can, however, be refused entry on medical grounds if in the opinion of the Medical Inspector that person, at the point of entry, is too sick to enter regardless of the fact that in theory he or she could satisfy the conditions of his or her leave to enter. Immigration Officers have power to require a person to submit to a medical examination and a person can be refused entry if he or she refuses to undergo a medical examination when asked to do so (Rule 320(17)).

Paragraphs 36 - 38 specify certain categories of passengers who should normally be referred to the medical inspector and the action that should be taken;

“36. A person who intends to remain in the United Kingdom for more than 6 months should normally be referred to the Medical Inspector for examination. If he produces a medical certificate he should be advised to hand it to the Medical Inspector. Any person seeking entry who mentions health or medical treatment as a reason for his visit, or who appears not to be in good mental or physical health, should also be referred to the Medical Inspector; and the Immigration Officer has discretion, which should be exercised sparingly, to refer for examination in any other case.”

“37. Where the Medical Inspector advises that a person seeking entry is suffering from a specified disease or condition which may interfere with his ability to support himself or his dependants, the Immigration Officer should take account of this, in conjunction with other factors, in deciding whether to admit that person. The Immigration Officer should also take account of the Medical Inspector's assessment of the likely course of treatment in deciding whether a person seeking entry for private medical treatment has sufficient means at his disposal.”

“38. A returning resident should not be refused leave to enter…on medical grounds. But where a person would be refused leave to enter on medical grounds if he were not a returning resident, or in any case where it is decided on compassionate grounds not to exercise the power to refuse leave to enter, or in any other case where the Medical Inspector so recommends, the Immigration Officer should give the person concerned a notice requiring him to report to the Medical Officer of Environmental Health designated by the Medical Inspector with a view to further examination and any necessary treatment.”

These rules are likely to be adhered to in the usual way in cases of HIV. If there is evidence that an applicant is currently in need of regular medication or treatment, evidence of his or her ability to meet the costs involved is likely to be required. Paragraph 2.5 of Chapter 1, Section 8 of the Immigration Directorates Instructions (IDIs) on medical cases states;

“If a passenger is diagnosed as suffering from AIDS, HIV or any other serious illness this will not, in itself, be sufficient to justify refusal on public health grounds alone. However, port medical inspectors will continue to provide estimates of the cost of any treatment which may be required and thereafter it will be for the immigration officer to consider applications under the appropriate paragraphs of the rules.“ 

When applying from abroad for entry clearance, there is no duty on a person to disclose their HIV status. If it is voluntarily disclosed it may lead to the application being referred to the UK for a decision and cause delay. Paragraph 3.2 of Chapter 1 Section 8 of the IDIs states;

“Applications made at a post abroad for entry clearance for persons who are suffering from a serious illness should normally be referred by the entry clearance officer to the Home Office … if the applicant meets the requirements of the Immigration Rules for the category specified. Evidence should also be forthcoming of the applicant’s ability to meet the costs of any medical treatment that may be required during their stay… This is in addition to the usual requirements as regards maintenance, accommodation and intention to return….the fact that a person suffers from a serious illness is not in itself grounds for refusing entry clearance. However, where in any case it appears that public health may be risk because of the infectious nature of the disease (e.g. TB or hepatitis B or C), advice should be sought from the Department of Health.”

An entry clearance or leave to enter is usually for a limited period and subject to various conditions, but in some circumstances may be for an indefinite period. The most common conditions are a prohibition on claiming welfare benefits and restrictions on employment. It is essential never to overstay a period of limited leave, even by a day, and to take advice in good time if for illness or any other reason an extension or variation of leave is sought.

European Economic Area law does accept that certain restrictions can be placed on the freedom of movement of persons within its jurisdiction on the grounds of public policy and public health (Directive 64/221, ANNEX). Infection with HIV has not been included in the list of diseases which might endanger public health and therefore justify exclusion. Although the directive does allow a discretion, it is extremely improbable that any country or region within the EEA could successfully deny freedom of movement of an EEA national on the grounds of HIV from exercising his/her rights within that country's borders.