Our previous blog about the Electronic Travel Authorisation (ETA) scheme provided information about its roll out throughout 2024 to nationals from certain countries who do not need a visa to visit the UK. The ETA scheme is already operational for nationals from Qatar, Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the UAE. 

Since our earlier blog was published, the Home Office has confirmed (in September 2024) a revised timetable for implementation for some other countries. This means that it will apply to US nationals, Canada, Australian nationals (and certain other nationalities referred to below) from 8 January 2025; and to EU nationals (and some others referred to below) from 2 April 2025.

    What is the Electronic Travel Authorisation Scheme (ETA)?

    The UK's ETA scheme has been operational for some nationalities since November 2023. It is similar to the US ESTA scheme. Under the ETA scheme non-visa nationals (a list of visa nationals is here) have to complete an ETA application in advance of travel to the UK. An ETA grants permission to travel to the UK rather than permission to enter the UK.

    The ETA involves security checks being carried out before a person begins travelling to the UK. It is intended to prevent abuse of the UK immigration system.

    Once the scheme is fully implemented (from 2 April 2025), everyone except Irish and British nationals either need (i) an ETA; or (2) an eVisa to travel to the UK. Prior to the ETA scheme, certain nationals who did not need a visa to visit the UK (non-visa nationals) could travel without any sort of advance permission.

    Individuals can obtain an ETA if they are coming to the UK:

    • for a visit (including business visits or holidays);
    • for up to three months on the creative worker concession;
    • for a permitted paid engagement; or
    • to transit through the UK (including if they are not going through UK border control).

    Employers need to be aware that obtaining an ETA for impacted nationalities is an additional requirement when arranging business travel for staff to the UK. Advance planning will be needed to avoid any disruption.

    When will the ETA scheme apply from?

    The ETA scheme already applies to nationals from Qatar, Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the UAE who need to obtain an ETA before travelling to the UK.

    The nationalities listed in this table will have to obtain an ETA from the date noted below:

    Nationalities Applications open Date ETA required from
    USA, Australia, Canada, New Zealand, Antigua and Barbuda, Argentina, Barbados, Belize, Botswana, Brazil, Brunei, Chile, Colombia, Costa Rica, Grenada, Guatemala, Guyana, Hong Kong Special Administrative Region (including British National (Overseas)), Israel, Japan, Kiribati, Macao Special Administrative Region, Malaysia, Maldives, Marshall Islands, Mauritius, Mexico, Federated States of Micronesia, Nauru, Nicaragua, Palau, Panama, Papua New Guinea, Paraguay, Peru, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Samoa, Seychelles, Singapore, Solomon Islands, South Korea, Taiwan, The Bahamas, Tonga, Trinidad and Tobago, Tuvalu and Uruguay. 27 November 2024

    8 January 2025

    All EU and EEA counties (not Ireland) plus Switzerland including Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland and Vatican City. 5 March 2025

    2 April 2025

    The Home Office announcement about the new roll out dates is here.

    How long will applications take?

    Decisions are usually made within three working days, although applications may take longer if further checks are required (e.g. where someone has an adverse immigration history or a criminal record).

    If an ETA application is refused, the individual will need to apply for the appropriate visa instead (which might be a standard visitor visa, transit visa, or a temporary work (creative worker) visa, for example). Visa applications can take weeks to process.

    How much is an ETA?

    Applications cost £10 per applicant.

    How long does an ETA last?

    An ETA will last for two years (unless an individual's passport expires sooner).

    What information does the individual need to be able to apply?

    The individual needs the passport they will travel with, access to an email account, a credit card/ debit card, and Apple Pay or Google Pay. They will need to upload or take photos of the passport and their face. They do not need to enter the travel details. They will be asked personal details, some information about their previous immigration history and details of any criminal convictions.

    Why might an ETA be refused?

    A criminal conviction can already result in a refusal of entry to the UK. However, currently the UK immigration authorities may not be aware of criminal convictions for those who can visit the UK without obtaining a visa in advance.

    For those who have received a custodial sentence of 12 months or who have a record of other serious or persistent offending, this can result in a mandatory refusal of entry into the UK. For lesser offences or shorter sentences, this can result in a refusal for a specific period following the date of the conviction. There are also grounds in the immigration rules which mean that entry can be refused to a visitor where the person's presence in the UK is not conductive to the public good due to their conduct, character, associations or for some other reasons. A previous breach of immigration laws or false representations can also result in a refusal of entry or a visa.

    Before the ETA scheme commenced, those nationals who did not need to apply for a visa in advance, may have entered the UK even although these grounds for refusal could have been relevant. The UK immigration authorities will now have an opportunity to consider all of the facts before deciding whether to grant the ETA. This is likely to lead to some individuals not being granted permission to travel to the UK as compared to before the ETA scheme was in place.

    How can the individual apply?

    The fastest way to apply is through the UK ETA app. Individuals who cannot use the app can apply online via this link.

    What does this mean for employers?

    Employers arranging business travel for staff to the UK should continue to be aware that:

    • Some nationals will need to obtain a relevant visitor visa before travelling
    • Non-visa (or visa-exempt) nationals will need to apply for their ETA.

    Employers will need to ensure that staff are aware of the new requirements. They will also need to factor in sufficient time before travel, so that staff members can obtain the permission or visa required in advance. This will be particularly relevant if an individual's application is refused or is at risk of refusal (where they have criminal convictions or an adverse immigration history, for example). Legal advice may be required in these circumstances.

    More information

    For more information on any of the issues discussed in this blog, please contact Elaine McIlroy or Gregor Craig-Murphy.

    Further information on the ETA scheme is available here. There is also a Home Office factsheet here.

    Sign up here for our webinar on 04 December to hear more about this topic.

    Contributors

    Gregor Craig-Murphy

    Senior Solicitor