HIV as an obstacle to deportation

An HIV infection can even constitute an obstacle to deportation (further information National ban on deportation) because HIV is a severe, life-threatening illness.

An obstacle to deportation is established if:

• the disease can be treated in Germany and
• there is no treatment in the person’s country of origin or it is not possible to pay for treatment there
• without treatment, the illness will get considerably worse in the foreseeable future and would then become life-threatening or fatal

To this end, a medical certificate will have to be submitted to the immigration authority or the Federal Office for Migration and Refugees (BAMF). This medical certificate must state the diagnosis, the exact scope of treatment and the necessary medication. Furthermore, the doctor must explain what exactly might happen if there are no possibilities for treatment and give an assessment of how long it might take until the illness becomes worse or fatal.

If an obstacle to deportation has been established, you will receive a residence permit (further information After recognition).