ARTICLE
16 September 2024

UK Electronic Travel Authorisation (ETA) Application Guide 2024

RC
Richmond Chambers Immigration Barristers

Contributor

Richmond Chambers is a multi-award winning partnership of specialist immigration barristers. Our barristers provide expert legal advice and representation, directly to individuals and businesses, in relation to all aspects of UK immigration law. We combine the expertise and quality of the Bar, with the service of a trusted law firm.
The UK's new Electronic Travel Authorisation (ETA) scheme, effective from November 2023, enhances pre-arrival screening for non-visa nationals, aiming to tighten immigration controls and improve border security.
United Kingdom Immigration

1. Introduction to the Electronic Travel Authorisation Scheme

In its latest Statement of Changes to the Immigration Rules (HC 217), published on 10 September 2024, the UK government has announced the implementation of the Electronic Travel Authorisation (ETA) scheme, a new scheme aimed at enhancing pre-arrival screening of non-visa nationals who are seeking permission to enter the UK as either a Visitor (other than as a Marriage/Civil Partnership Visitor), staying in the UK for up to 6 months, or as a Temporary Work – Creative Worker under the Temporary Work – Creative Worker visa concession.

The ETA scheme applies to all nationals who do not currently require a visa to travel to the UK on the above routes and who do not hold any other UK immigration status, ensuring that all visitors are assessed before arrival. This initiative marks a significant step towards tightening immigration controls by providing a comprehensive understanding of all those travelling to the UK.

2. What Is the UK ETA Scheme?

The Electronic Travel Authorisation scheme is designed to close existing gaps in advance permissions for individuals travelling to the UK as Visitors and Temporary Creative Workers. By requiring those who do not need a visa to obtain an ETA before travel, the UK government hopes to be able to better screen and assess travellers for any potential risks before they reach the UK border.

Individuals applying for an ETA need to submit a valid application and satisfy various suitability criteria. If the Home Office is not satisfied that an applicant has made a valid application, or considers that they do not meet any of the suitability criteria, an application for an Electronic Travel Authorisation may be refused.

It is important to note that a person who is refused an ETA has not been refused permission to enter the UK. They may still be able to enter the UK, but in order to do so they will first need to apply for, and be granted, a UK visa.

This new layer of security aims to strengthen the country's immigration system, enhancing the UK's ability to prevent the entry of individuals who may pose a threat. However, as with any such scheme, Home Office assessments may be erroneous and, in appropriate cases, individuals who are refused an Electronic Travel Authorisation for visa free travel may still be able to qualify for a UK visa. Since UK visa applications following refusal of an ETA are likely to be complex, professional immigration law advice should be sought.

If your ETA application has been refused, contact our immigration barristers in London for expert advice on the merits of applying for a UK visa. Call our ETA refusal team on +44 (0)203 617 9173 or complete our enquiry form below.

3. Do I Need an Electronic Travel Authorisation (ETA) to Travel to the UK?

Nationalities of the following locations (including countries and associated territories) are subject to the requirement to obtain an ETA for visa free travel to the UK:

(a) for travel to the UK on or after 15 November 2023: Qatar;

(b) for travel to the UK on or after 22 February 2024: Bahrain, Kuwait, Oman, United Arab Emirates, Saudi Arabia;

(c) for travel to the UK on or after 8 January 2025: Antigua and Barbuda, Argentina, Australia, Barbados, Belize, Botswana, Brazil, Brunei, Canada, 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, New Zealand, 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 (only those who hold a passport issued by Taiwan that includes in it the number of the identification card issued by the competent authority in Taiwan), The Bahamas, Tonga, Trinidad and Tobago, Tuvalu, United States, Uruguay;

(d) for travel to the UK on or after 2 April 2025: 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, Vatican City.

If you are a national of a location that is not mentioned in the list of countries and territories that require an Electronic Travel Authorisation (ETA) above then you are not eligible for an ETA. You must apply for a UK visa before visiting the UK.

To find out how our immigration barristers can assist your UK Visit Visa application, contact our specialist immigration team on +44 (0)203 617 9173 or complete our enquiry form below.

4. When Does the Electronic Travel Authorisation (ETA) Application Process Open?

The Electronic Travel Authorisation application process opened on 25 October 2023 for Qatari nationals travelling to the UK on or after 15 November 2023.

The ETA application process opened on 1 February 2024 for citizens of Bahrain, Kuwait, Oman, United Arab Emirates and Saudi Arabia travelling to the UK on or after 22 February 2024.

The ETA application process will open on 27 November 2024 for nationals of Antigua and Barbuda, Argentina, Australia, Barbados, Belize, Botswana, Brazil, Brunei, Canada, 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, New Zealand, 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 (only those who hold a passport issued by Taiwan that includes in it the number of the identification card issued by the competent authority in Taiwan), The Bahamas, Tonga, Trinidad and Tobago, Tuvalu, United States and Uruguay travelling to the UK on or after 8 January 2025.

The ETA application process will open on 5 March 2025 for nationals of 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 travelling to the UK on or after 2 April 2025.

5. How Do I Apply for a UK Electronic Travel Authorisation (ETA)?

You can apply for an Electronic Travel Authorisation using the ETA App, or via an online form.

When you apply for a UK ETA you will need to pay an Electronic Travel Authorisation application fee of £10, provide your contact and passport details, a valid passport photo and answer a set of questions about suitability.

Following the Statement of Changes to the Immigration Rules (HC 217), published on 10 September 2024, UK ETA applicants will now be required to use a national passport when applying for an Electronic Travel Authorisation, aligning this process with the visa requirements outlined in the Immigration Rules. Travellers using any document other than a national passport will need to apply for a UK visa instead of an ETA.

6. Expanded Suitability Criteria for ETA Applications

In our previous post, How to Apply for a UK Electronic Travel Authorisation (UK ETA), we noted that the Immigration Rules state that an application for Electronic Travel Authorisation will be refused in the following circumstances:

  • Exclusion or deportation grounds: where the Home Secretary has personally directed that the UK ETA applicant be excluded from the UK; the UK ETA applicant is the subject of an exclusion order; or the UK ETA applicant is the subject of a deportation order or a decision to make a deportation order.
  • Criminality grounds: where the UK ETA applicant has been convicted of a criminal offence for which they have received a custodial sentence of 12 months or more; where the UK ETA applicant has been convicted of a criminal offence unless 12 months have passed since the date of conviction. Please note both convictions in the UK and in any other country are relevant.
  • Non-conducive grounds: where the UK ETA applicant's presence in the UK is not conducive to the public good because of their conduct, character, associations or other reasons (including convictions which do not fall within the criminality grounds).
  • Previous breach of immigration laws grounds: where the UK ETA applicant was over the age of 18 and overstayed their leave, breached a condition of their leave (unless entry clearance or a further grant of leave was later made with knowledge of the breach), used deception in relation to an immigration application.
  • False representations: where in relation to a current or previous application false representations were made, false documents or false information submitted. Please note that it does not matter if this was relevant to the application or whether it was made with the UK ETA applicant's knowledge. Also, where relevant facts were not disclosed.
  • Debt to NHS grounds: where the UK ETA applicant has failed to pay charges on NHS use by overseas visitors and those outstanding charges have a total value of at least £500.
  • Unpaid litigation costs grounds: where the UK ETA applicant has failed to pay litigations costs awarded to the Home Office.

Three important changes to the ETA suitability criteria have been introduced by the Statement of Changes to the Immigration Rules (HC 217) published on 10 September 2024:

  1. Overstayers: Changes are being made to the suitability criteria concerning overstayers. Under the current system, individuals who have previously overstayed their permission to remain in the UK can still be granted an ETA if they left voluntarily without being deported at the government's expense. Moving forward, the suitability criteria for overstayers is being amended to bring them in line with the rules applied to visitors under part 9 of the Immigration Rules. This will allow for a more detailed consideration of the circumstances and duration of any previous overstays.
  2. Previous Visa Refusals: Individuals who have previously been refused a visit visa or permission to enter as a visitor will also be refused an ETA. However, if they have since been granted a visit visa or held valid permission that was not cancelled, they may still be eligible for an ETA. This change aims to prevent individuals who were previously deemed ineligible under the UK's visitor rules from bypassing the system through an ETA. Such individuals will instead be required to apply for a visa, allowing for a more thorough review of their eligibility.
  3. Cancellation of ETA: If an individual has had their ETA cancelled, even for reasons unrelated to suitability, they will be refused a new ETA. Without this rule, individuals could be refused entry at the UK border, have their ETA cancelled, and then reapply to board another flight in an attempt to circumvent immigration controls. This change ensures that once an ETA has been cancelled, the applicant must apply for a visa and undergo a more detailed examination of their eligibility before being allowed to re-enter the UK.

If you consider that any of these ETA refusal grounds could apply to you, you may wish to seek expert legal advice before applying for an Electronic Travel Authorisation.

7. Can I Travel to the UK if my Electronic Travel Authorisation is Refused?

As noted above, a person who is refused an ETA has not been refused permission to enter the UK. Therefore, if your UK Electronic Travel Authorisation application has been refused, you may still be able to enter the UK. However, in order to do so you will first need to apply for, and be granted one of the following UK visas:

Standard Visitor Visa
Creative Worker Visa

If your application for a UK ETA has been refused and you wish to apply to enter the UK in one of the above-mentioned immigration routes, you may wish to seek professional legal advice in relation to the merits of your U.K. visa application.

8. Strengthening Immigration Control?

The introduction of the Electronic Travel Authorisation scheme and the accompanying changes mentioned in this article reinforce the UK's commitment to enhancing its immigration framework. By expanding pre-arrival screening and aligning the ETA with broader immigration rules, the hope is that the UK can better manage who enters the country and prevent abuse of the system, ensuring that those who do not meet the requirements are identified early in the process.

However, any such pre-assessment carries with it a risk of mistakes in Home Office decision-making. Errors of fact, law or judgement may lead to wrongful refusals, particularly for applicants with complex circumstances. For those who are refused an Electronic Travel Authorisation, it is crucial to seek specialist legal advice to understand the consequences and options available.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More