Question

Can I invite my HIV-positive partner to live with me in the UK?

9 June 2008. Related: Access to treatment, All topics.

Can I call over from abroad my HIV-positive partner to join me in the UK for permanent residence?

Answer

Answer: Simon Collins

The UK does not put a ban on positive people, as long as they reside here legally. Also, although HIV testing is rare, I think that the UK reserves the right to include a health test, including HIV, if they think someone is travelling here who is not well.

There may also be differences depending on where your partner lives and whether you have a legally binding partnership. If you are married or are civil partners, then health issues like HIV-status may be fine, but if this is not a formally recognised relationship, then your partner’s HIV status could limit how easily they can enter the country, if this is something you disclose on the application form.

If your partner is a citizen of an EU country, he/she can come to the UK without a visa and this is much more straight-forward as EU citizens can travel freely between other EU countries.

If he/she is a citizen of a non-EU country, the process is more complicated. You will have to send him/her an invitation letter and go through the partnership visa procedure. It varies slightly by country, that is why you will have to check the exact documents necessary in the local British embassy.

If you are successful in your partners application to stay, according to the legislation, your partner will not legally be able to access HIV treatment for one year after arriving in the UK. Sometimes it is possible to be treated anyway, but this varies by hospital, region and other factors. If they are on treatment, then making sure that he/she has enough medications for that period may be important.

This is a specialist area and it might be useful to contact the National AIDS Trust (www.nat.org.uk) for their advice.

Best of luck!