Getting Ready for the Electronic Travel Authorisation (ETA)
28th November, 2024
2025 will see the full roll out of the Electronic Travel Authorisation (ETA) system for visitors entering the UK. The new scheme is designed to both strengthen border security and streamline the entry procedure for foreign nationals.
Once the system has been fully implemented, an ETA will become a standard pre-entry requirement for all travellers who do not require a visa and who do not have existing UK immigration permission. It is akin to similar schemes operating in the US (ESTA) and Europe (ETIAS) and aligns with global trends towards increased border management and security.
In this article, we take a more detailed look at the requirements, and what businesses and individuals can do to prepare.
What is an ETA?
The ETA is an electronic document linked to an individual’s passport. Broadly speaking, possessing an ETA will be a requirement for all non-visa nationals travelling to the UK – unless they already have a visa or permission to live and study in the UK.
Visa nationals will still be required to make a full visa application in the normal way (and will not be subject to the ETA requirements).
What can you do under an ETA?
An ETA allows an individual to come to the UK:
- For up to 6 months for tourism, visiting family and friends, business or short-term study;
- For up to 3 months on the Creative Worker visa concession;
- For a permitted paid engagement;
- To transit through the UK – including if they are not going through UK border control.
Importantly, an ETA does not allow you to:
- Stay in the UK for longer than 6 months;
- Do paid or unpaid work for a UK company or as a self-employed person (except under the Creative Worker visa concession or if doing a permitted paid engagement);
- Claim public funds;
- Live in the UK through successive visits;
- Marry or register a civil partnership, or give notice of marriage or civil partnership
ETAs are valid for two years.
Who will require an ETA?
The ETA system is already partly in place. At present, nationals from certain Middle Eastern states must apply for an ETA should they wish to travel to the UK for the reasons set out above.
The scheme will be fully rolled out in a staged implementation to nationals of different countries during 2025.
Affected countries |
Implementation date |
|
Phase 1 |
Nationals of Gulf Cooperation Council states
|
Already in force |
Phase 2 |
Non-European countries including:
|
Mandatory from 8 January 2025.
Applications can be submitted from 27 November 2024. |
Phase 3 |
European countries including:
|
Mandatory from 5 March 2025.
Applications can be made from 5 March 2025. |
The following will be exempt from the ETA scheme:
- Anyone holding a UK or Irish Passport
- Residents of Ireland, Guernsey, Jersey or the Isle of Man (in most cases)
- Anyone with existing entry clearance or permission to work, live or study in the UK.
How to obtain an ETA
The ETA application will be made via an online form. Applicants will need to provide personal details, travel information, and answer security-related questions.
The cost is a non-refundable fee of £10 for each application.
The stated processing time for applications is 3 working days. However, the Home Office hopes that many applications will be decided more quickly.
Where further security checks are required or further information needed, however, this process may take longer.
What if you forget/do not apply for an ETA?
Individuals will likely be refused boarding by their airline, or, even if allowed to board, refused entry on arrival to the UK.
Government guidance states that there will be a brief grace period once the ETA is rolled out to cover more countries, but we recommend not relying on this.
Are there any potential problems that businesses/individuals need to be aware of?
For most individuals, the ETA application should be quick and straightforward, but as ever there are some potential problem areas to be aware of:
- Build in budget to allow for these increased costs – although the fee is only £10 per application, if the business has a large number of travellers using the scheme, this will result in increased costs that need to be accounted for.
- Build in timescales to obtain ETAs – again, the processing time should be quick, but it would be prudent to ensure applications are made in good time to prevent nay last minute panic should the need to travel to the UK arise unexpectedly. Previous Government recommendations suggested allowing at least 21 working days for applications to be determined. This is likely to be particularly relevant at the start of the scheme, when a flood of applications is expected.
- Provide guidance to employees about what they can – and cannot – do under the terms of an ETA – an ETA is not “carte blanche” to enter the UK for any purpose. It has specific permissions and restrictions attached to it and it is important to make sure that all parties are clear about the legal implications of holding an ETA.
- Be prepared for potential problems – ETAs can be refused (or cancelled) in some cases, for example where:
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- A previous visitor visa has been refused;
- Individuals have a criminal conviction within the last 12 months or have ever had a criminal conviction that resulted in more than 12 months in prison;
- They have previously breached immigration laws (including overstaying or breaching the conditions of a previous visa);
- They owe a debt to the NHS exceeding £500. These additional suitability requirements may result in some individuals facing a rejection of their ETA applications where previously they have had no issues with entering the UK.
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It is worth being aware that the relevant Guidance confirms that “fines” count as part of someone’s criminal record, but that “fixed penalty notices” and “penalty charge notices”, do not. These requirements may result in individuals needing specific advice about how to complete the application form – particularly because making false representations or a failure to provide relevant facts is also a ground for refusing an ETA application.
- Be prepared for greater scrutiny of travel history – The ETA scheme will make it easier for the Home Office to keep track of visitors to the UK and is likely to enable greater scrutiny of whether visitors are genuine – both in terms of their purpose for entering the UK and those who make frequent/successive trips to the UK. Businesses may benefit from an audit of their traveling workforce to identify any potential problem areas.
- Be prepared for questions on entry – Obtaining an ETA does not guarantee entry to the UK; individuals may still be asked questions about their proposed activities in the UK when seeking entry at the Border.
If an individual is refused an ETA an individual will need to make a full visa application. There is no right to Administrative Review or appeal against an ETA decision.
Although this may be the last thing on your mind right now as we rush headlong towards the festive season, we recommend that you start to prepare for the roll out.
If you have any questions please contact Laura Darnley, or any member of the Ward Hadaway Immigration Team.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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