Student/Work visa > Residence permit for HIV patient

[Sandra Torres]

Hello everyone,

 

I'm Sandra from Mexico.

 

Ok, so I have many questions about this quite sensitive topic, so any information is truly, greatly appreciated.

 

My boyfiend of 5 years, who happens to be HIV positive, just earned a scholarship for China. I don't know the full details of this, all I know is he'd be going to China next June, with a scholarship sponsored by the Mexican university he studies in, to study and *possibly* work in a chinese hospital (not sure if he'd be "working" per se, or just being an unpaid college intern). He'd be in China for either 1, 3 or 6 months, we don't know yet.

 

I've been reading a lot and I know he'd have to apply for either a work or a student visa here in Mexico, which I think he can get without any problems, BUT (and please correct me if I'm wrong), as soon as he arrived to China, he'd have to apply for a residence permit, which requires visiting a hospital to take a medical test including HIV status.

 

So, what I'd like to know is this: is it possible for him to travel to China and take part in this academic course/professional practice internship being HIV positive? Can he obtain a residence permit for the duration of his stay?

 

Best regards and thanks in advance,

 

 

Sandra

[gato]

He would mostly likely be refused a resident permit if the mandatory medical test comes back showing HIV positive.

See

http://hivtravel.org/Default.aspx?PageId=143&CountryId=48

[Shelley]

Not sure "working" in a hospital would be possible. In the UK they have only just relaxed the things doctor and nurses can do with HIV +.

 

http://www.theguardian.com/lifeandstyle/2013/aug/18/nhs-guidelines-doctors-nurses-hiv

[Tianjin42]

Hi Sandra,

I work in foreign national recruitment in China. Though we haven't any experience of assisting a HIV Positive candidate directly, I will state that they almost certainly won't allow this to go through.

There is still a lot of fear, not only in terms of HIV but also other medical conditions.

Even if there were no official legislation, I feel the authorities would, in our experience simply not allow this to happen.

Sorry for that - do let us know the outcome and good luck.

[Angelina]

Hi Sandra,

 

are you sure he will need a residence permit for a one month stay? Anyone who knows more? 

[zhouhaochen]

For a residence permit or anything he needs a health check for, this is not going to work. However, for plenty of other kinds of visas no health checks are necessary, like touirst (L), some kind of student (X2 is ok, however be careful X1 or anything with a JW201 or 202 form has to be converted into a residence permit, so that does not work) and business (M or F). The main question is how he can get these. For one month, getting a tourist visa should be possible, for longer durations maybe not. First check what kind of visa invitation the people from the scholarship will give him. If it is a JW201 or 202 form, he has to get some other kind of visa as these will require a health check. Most others should be fine.

[studychinese]

He won't even make it to China to get the residence permit.

First on your visa form before you go to China you have to disclose any health issues, and HIV is specifically mentioned. If your boyfriend discloses that he has HIV on the visa form, his visa will be declined.

[Shelley]

I also think that not declaring it could be trouble if something did happen and it came to light later, and even if nothing happened but it was found out later it might not too good either.

 

Be very careful and think things through thoroughly before you make any decisions.

[Sandra Torres]

Thank you, thank you everyone for all your kind responses.

 

So I told my boyfriend about the whole residence permit restriction and he kind of flipped. He wasn't really mad, more like... in denial? He was like "oh well, maybe the whole medical exam won't be necessary (when we both know it will be)", or "ok, so if I don't get the residence permit, at least I'll have known China only if for a month"... and I kind of undertand where he's coming from, as he's always wanted to visit China and he's worked so hard for this scholarship. He's adamant on going, even if for a month.

 

The thought of him going is driving me crazy. I just don't want anything bad happening to him, period. What if after failing the medical exam the police treat him like a criminal? What if he's to be deported and they make a big fuss about it, letting his classmates and teachers both in China and Mexico know the reasons why he couldn't get a residence permit? I really wish he'd think this through but I don't think I will change his mind, so all I can do is cross my fingers and hope for the best.

[roddy]

Sandra, would it be a good idea to have your boyfriend sign up here himself? 
 
If he's only applying for a short-term visa, then no medical test will be necessary. The visa form he fills in in Mexico may ask health questions, but as the link from Gato above says:

In many cases, people seem to be confronted with outdated visa forms still asking for HIV status. If confronted with such a visa form, it is important that applicants do not admit their status.  

Which I think means 'we can't tell you to lie, but you could lie.' That's his choice. Theoretically China has removed the ban on visas for people with HIV, and as a short term visitor, on a scholarship - you'd hope that in this case they'd grant the visa if he was honest. But there's still plenty of ignorance about, and it's easy to imagine a refusal, or the embassy in Mexico phones the institution in China to check they're aware, and....

 

I guess another issue is, what if something goes wrong in China - he needs medical treatment, for example. Is medication going to be a problem?

[Angelina]

His student visa will give him 30 days in China. He can arrange a short, one month stay with the university and leave after spending 30 says in China, without even applying for a residence permit. No one has to know why he wants to spend one month in China instead of six. 

 

Also, don't use your real name here if you are afraid people he knows will find out. 

[roddy]

I checked the visa forms - there's a question if you have "Otras enfermedades contagiosas que pueda perjudicar la salud pública"

 

Send me a message if you want a name change.