A guide to the UK’s Electronic Travel Authorisation (ETA) scheme: everything you need to know
The UK government is launching a new Electronic Travel Authorisation (ETA) scheme.
The scheme raises a number of questions for UK employers and for individuals around the world.We set out here some answers to the common questions.
Please note that the questions and answers on this page are for general information only and must not be used as a substitute for legal advice. You should always take legal advice which is tailored to your specific circ*mstances.Contact a member of theimmigration teamfor more information.
What is the UK’s ETA scheme?
The UK’s ETA scheme will require some people to apply in advance for a digital permission to travel to the UK. It has already launched fornationals of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the UAE.
It is similar to the US’s ESTA (Electronic System for Travel Authorization) and similar schemes in Australia, New Zealand and Canada.
Who will need an ETA?
Non-visa nationals who are travelling to the UK without a visa will need an ETA.
Non-visa nationals are those who do not require a visa before travelling to the UK as a visitor, in contrast to nationals of the countries on the visa national list.Non-visa nationals include EU/EEA/Swiss, US, Australian and Canadian nationals.
Most non-visa nationals who require an ETA will be entering the UK for 6 months or less as a visitor.Those transiting the UK or entering under the Creative Worker concession without a visa will also need an ETA.
Non-visa national children of any age must have their own ETA before travelling to the UK.
The following people will not need an ETA:
- British and Irish passport holders
- Anyone who has a visa, such as a Skilled Worker visa, or other permission to live in the UK, such as indefinite leave to remain or pre-settled status
- Non-visa nationals who are legally resident in Ireland and enter the UK from the Common Travel Area (Ireland,Guernsey, Jersey or the Isle of Man).
When will the ETA scheme start?
The ETA scheme is being phased in gradually. Since15 November 2023 it has beenmandatory for Qatari nationals to have an ETA.
Since 22 February 2024 it has beenmandatory for nationals of Bahrain, Jordan (although Jordanian nationals now need to apply for a visa to visit the UK), Kuwait, Oman, Saudi Arabia and UAE to have an ETA.
The ETA is being rolled out to all remaining countries. Nationals of non-EU/EEA countries (including the US, Canada, Australian and New Zealand) who want to visit the UK without a visa will need an ETA from8 January 2025(and can start to apply from 27 November 2024). Nationals of EU and EEA countries plus Switzerland – but not Ireland – will need an ETA from2 April 2025(and can start to apply from 5 March 2025).
How will people apply for an ETA?
A UK ETA app will be available for applicants to use on their smartphone. The app will be used to scan the applicant’s biometric passport and take a scan/selfie of their face.The original passport will need to be scanned, not a copy.
Simple questions will need to be answered such as name, date of birth, nationality and details of any criminal convictions. You do not need to enter your travel details.
A fee will need to be paid.
The Home Office will then carry out checks related to identity, crime, immigration history and security.
On approval the applicant will receive an email confirming the ETA.
Airlines and the UK’s Border Force officials should be automatically notified that someone has an ETA.
How much will it cost?
£10 per person.
How long will it take to obtain ETA approval?
It will normally take up to 3 working days.In many cases it will be quicker.If further checks are needed it could take longer.
For how long is an ETA valid?
Two years or to the expiry date of the applicant’s passport, whichever is sooner.The ETA is valid for multiple visits to the UK.
When can an ETA request be refused?
The ETA could be refused for a number of reasons including criminality grounds; previously breaching immigration law (such as overstaying a visa, breaching conditions of a previous visa or using deception in a previous visa application); making false representations; having a previous visitor visa application refused (and not subsequently approved); or having an ETA cancelled (without a subsequent visa application being approved).
On criminality grounds, the rules say an ETA must be refused where the applicant:
- has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more; or
- has been convicted of a criminal offence in the UK or overseas unless more than 12 months have passed since the date of conviction.
What happens if an ETA request is refused?
If the ETA is refused, for example because the applicant has a criminal conviction, they will need to apply for a visa.For most people this will mean applying for a visitor visa.
For some people applying for the visa may solve the issue and mean they can travel to the UK with the visa.As they will have a visa they will then not need an ETA.
But for some people they may still have problems with the visitor visa application and it could be refused.For example, the rules say that a visitor visa application must be refused where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months, unless more than 12 months have passed since the end of the custodial sentence; or
(b) has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record, unless more than 12 months have passed since the date of conviction.
What happens if someone changes their passport?
The ETA will be linked to the passport used in the application.If the applicant changes their passport, they will need to apply for a new ETA.
Are there any potential issues with the ETA scheme?
- Travel delays.Last minute travel will be more difficult for non-visa nationals who do not already have an ETA and need to travel urgently. It is best to apply for the ETA as soon as possible to help avoid this issue.
- British citizens who do not yet have a British passport.Where someone naturalises as a British citizen, once they have attended their citizenship ceremony and received their certificate they are a British citizen.First-time adult British passport applications can take up to 10 weeks (albeit are often completed much quicker) and so some people could have an issue when travelling between their citizenship ceremony and receipt of their new British passport.Airlines are very unlikely to accept a certificate of naturalisation as evidence someone is British so a person in this situation will have to apply for an ETA using their non-British passport.This will only apply if their non-British passport is a non-visa national passport. If their non-British passport is a visa national passport they will need a British passport to be able to travel to the UK (or else get a certificate of entitlement to the right of abode).
- Visitor visa delays.There is a potentially huge number of people who could be affected by refusal of an ETA (such as on criminality grounds) and the need to then apply for a UK visitor visa.The UK has already been experiencing long backlogs of visa applications and suspensions of priority services because of service standards not being met.World events such as Brexit, the COVID-19 pandemic and the invasion of Ukraine have not helped ease the backlogs but it is unclear how the Home Office will cope with the sheer number of visitor visa applications which could be submitted.
Is the EU planning a similar scheme?
Yes.It is called theEuropean Travel Information and Authorisation System (ETIAS)and is expected to start in mid-2025.The exact start date is currently unknown.
It will apply to nationals of non-EU/EEA/Swiss countries who are able to enter the EU visa-free.It will apply to British citizens.
Anyone with a criminal conviction could be refused an ETIAS travel authorisation.Equally, anyone who is being investigated by the police and invited to accept a caution should take advice from our immigration and criminal defence teams as it could affect their ability to apply in the future for ETIAS approval and the ability to travel to the EU.The scope of offences which could lead to ETIAS ineligibility is currently unknown.
In parallel to the ETIAS, the EU is planning to implement anEntry/Exit System(EES) at the end of 2024.This new system will for the first time electronically track the number of days spent in 29 European countries. Non-EU national visitors to these countries are allowed to stay for a maximum of 90 days in any 180-day period. If someone exceeds the limit they could be detained, fined and prevented from re-entering the EU.British citizens will not need an ETIAS travel authorisation to travel to Ireland. There is no limit on how long British citizens can stay in Ireland and this will not change.
How can we stay up to date on the ETA scheme developments?
We will be releasing blogs and updates on the UK’s ETA scheme (and the EU’s ETIAS) as and when new information and guidance is released.
There is also a Home Office ETA guidance page.
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