Spain - Regulations on Entry, Stay and Residence for PLHIV


Restriction category relative to Spain

  • Countries without restrictions

 
Entry regulations Residence regulations Additional information
No restrictions for people living with HIV. No HIV testing on entry. Treatment access difficulties affecting non-European students.

HIV-specific entry and residence regulations for Spain

There are no legal restrictions affecting entry or stay of people living with HIV in Spain. People suspected to be affected by an infectious disease may be obliged to undergo medical examination within the first three months after arrival (free of charge).

(Source: 1)

 

HIV treatment information for Spain

Treatment is provided exclusively through the pharmaceutical services in hospitals. Care is provided by large hospitals through the specific service called "Unidad de enfermedades infecciosas" (infectious diseases unit); in smaller hospitals by the internal medicine service. 

Access to Spanish healthcare system is universal and free of charge for all citizens. Foreigners are also entitled to healthcare under the same conditions as any other citizen. All residents must be registered with the City Council (municipality) irrespective of their migratory status in the country. This is a quick and easy process which can be done at no cost. However, there can be differences and exceptions to this rule, depending on residency status, work situation or the region. We strongly recommend people to contact a local NGO in the region where they are planning to live, before moving to Spain.

It may be challenging to register with the City Council for irregular immigrants, because registration requires a rental contract. Such immigrants should contact a local NGO.

Additional information

Students

Due to a legal change implemented since 2012, students from outside Europe are no longer entitled to local health cards. To receive their visa, they are obliged to purchase a private insurance for the duration of their studies. This insurance will however not cover pre-existing conditions such as treatment for HIV infection. 

Affected students should contact a local HIV organisation in the Autonomous Region where they intend to study, or contact the authors through the feedback form.

Students from EU countries, the European Economic Area and Switzerland are not affected. The same applies to students from the United Kingdom who lived and registered in Spain before Brexit. 

(Source: 2, 4)

People without a legal status in Spain are entitled to healthcare protection after the 2018 legal reform. There are some conditions in order to give this protection to whom really needs it, but most of the ’sans papiers’ have access. However, each region (Comunidad Autónoma) has its specific administrative route. In Madrid, for instance, it is a nightmare if the migrant person is not supported by an NGO. There is an ‘administrative vulnerability’ because they do not know the rules, the procedures or the language. 

The case of the international students (non-EU) is quite different, because they are not ‘illegal migrants’ since they have a visa. One of the requirements to get the visa it is to pay a healthcare insurance for the whole stay in Spain. Students with chronic conditions or disabilities are not excluded - the legal rule is neutral. However, they have to face this barrier because, as explained, medicines are not covered by the premium or healthcare insurance companies exclude people living with HIV or other pre-existing conditions.

(Source: 3)

 

 

HIV information / HIV NGOs in Spain

  • gTt-VIH
    Grupo de trabajo sobre tratamientos del VIH
    Carrer Avinyó 44, 3rd Floor
    08002 Barcelona 
    T +34 93 208 0845 
    gtt-vih.org
  • Adhara - Sevilla Checkpoint
    C/ Luis Montoto 48
    41018 Sevilla, Andalucia
    T +34 954 981 603 
    www.adharasevilla.org 

Updated information is available through https://cesida.org/quienes-somos/organizaciones

 

Global Criminalisation of HIV Transmission Scan

The Global Criminalisation Scan is an initiative of GNP+. It aims to collect and keep up to date information on national and state level laws criminalising the transmission of or exposure to HIV. It also aims to provide an easily accessible ‘clearing-house’ of resources, research, and initiatives on the subject and to provide a platform for advocacy initiatives.

Find out more about the scan and the criminalisation of HIV transmission legislation at http://criminalisation.gnpplus.net/.

 

Sources

  1. German Embassy, Madrid, February 5, 2008
  2. Diego García Morcillo, Adhara Sevilla and Michael Meulbroek, BCN Checkpoint Barcelona, June 10, 2021 (by e-mail)
  3. Prof Miguel A. Ramiro Avilés, Coordinador de la Clínica Legal, Universidad de Alcalá, August 25, 2020 (by e-mail)
  4. Ramón Espacio, President CESIDA, July 5, 2021, via e-mail
  5. gTt-VIH, Miguel Vázquez, February 17, 2022

 

updated: 2/25/2022
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