Marshall Islands
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- Restrictions on entry limiting the entry of people living with HIV.
- Restrictions on short-term stays which in most cases is defined as under 90 days.
- Restrictions on long-term stays which in most cases is defined as over 90 days.
The types of restriction are:
- HIV testing/disclosure required for entry.
- HIV testing/disclosure required for work visa.
- HIV testing/disclosure required for study visa.
- HIV testing/disclosure required for residence.
- Ban on entry.
- Ban on work.
- Ban on study.
- Ban on residence.
- Deportation based on HIV status.
Restrictions on entry to Marshall Islands
We are aware of some official restrictions on entry of people living with HIV to the Marshall Islands.
According to UNAIDS, the Marshall Islands requires HIV testing or disclosure for certain types of entry, and prohibits entry on the basis of HIV status. The Marshall Islands deports non-nationals on the basis of HIV status.
The website of the Division of Immigration provides an entry visa form which contains fields for self disclosure of any ‘dangerous contagious disease’. This specifically includes tuberculosis, but does not list any other disease such as HIV.
Restrictions on short-term stay in Marshall Islands
We are aware of some official restrictions on short-term stay of people living with HIV in the Marshall Islands.
The Government of Canada website, travel and tourism information highlights that a test for HIV is required to stay longer than 30 days and obtain a work visa.
According to UNAIDS, the Marshall Islands requires HIV testing for work and study permits, and these are denied on the basis of HIV.
The website of the Division of Immigration provides a number of detailed lists of supporting documents that should be included with a visa application. The visitor visa checklist for a maximum stay of 90 days, as well as the general, student and work checklists all include a ‘Medical Clearance issued within 3 months from date of application’ which must include HIV and tuberculosis test results.
Restrictions on long-term stay in Marshall Islands
We are aware of some official restrictions on long-term stay of people living with HIV in the Marshall Islands.
According to UNAIDS, the Marshall Islands requires HIV testing for residency permits (longer than 90 days), and these are denied on the basis of HIV status.
The US Department of State reports that applicants for longer-term tourist and work visas or residence permits are required to undergo an HIV test.
The Government of Canada website, travel and tourism information highlights that a test for HIV is required to stay longer than 30 days and obtain a residency visa.
Treatment access in Marshall Islands
The following summarises available information on access to healthcare for people living with HIV in the Marshall Islands. There is no evidence that non-nationals are restricted from accessing treatment in the same way as nationals.
IOM reports that migrants have access to government-funded health services under the same conditions as nationals. The Constitution of the Republic of the Marshall Islands (1979) establishes ‘the right of the people to health care’ without making any distinction based on nationality or residency status.
The Marshall Islands Health Fund Act (2002) established the Marshall Islands Health Fund, which includes the basic health benefits plan. The plan provides, pays for or reimburses all basic health-care services, including primary care as well as specialist and consultant care. Migrants who have been resident in the Marshall Islands for at least one year and pay taxes are covered by the plan. Those who are not covered by the plan and are regular residents can voluntarily pay a premium into the Health Fund to obtain cover upon authorization by the Health Services Board. Insurance cover is not needed to access health-care services, but coverage by the plan determines prices, with those covered by the plan paying lower fees.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
People living with HIV are criminalised in the Marshall Islands. There are HIV-specific criminal laws in force which target alleged HIV ‘exposure’, non-disclosure, and/or transmission. We are not aware of any reported prosecutions under these or other laws.
Visit the Marshall Islands page on the Global HIV Criminalisation Database to see more information about known HIV criminalisation laws in this country, an overview of how the laws are used, and any significant advocacy developments.
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This site focuses on information about HIV travel. Please also consult your own Foreign Office/Ministry of Foreign Affairs website, or the local consulate of the country you are visiting, to see what restrictions there are specifically for you as a citizen of your country, regardless of your HIV status.