HIV Status and Remaining in the UK ·
If you are diagnosed HIV positive whilst in the UK and have started treatment, there are currently no grounds for you being able to extend your leave to remain.
You may not wish to return home due to poor health care and inadequate facilities or medication, but again this is not a legitimate reason to remain.
However, the Human Rights Act 2000 Article 3 states ‘no-one shall be subjected to torture or to inhuman or degrading treatment or punishment’. Consequently, this Act has been successfully used to enable at least one person to remain in the UK, as they would not receive adequate care in their home country, and if the UK were to deport this person then they would breach Article 3.
This is a very complicated area of law and, due to ongoing case law, it is a changing one too. If you have any immigration or asylum issues you must seek specialist legal advice.
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