The UK Government launched a new system of pre-travel immigration checks for visitors called the Electronic Travel Authorisation (ETA) scheme in October 2023. This scheme requires all visa-exempt foreign national visiting the UK to obtain prior authorisation before travelling to the UK.
As explained in our previous article, once fully rolled out, the ETA scheme will require all visa-exempt foreign visitors who were previously able to enter the UK using just their passports, to obtain prior authorisation before travelling to the UK. This includes business visitors, family visitors and Creative Workers.
ETAs were initially applicable to Qatari nationals, and have since been extended to nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates.
The scheme will soon be applicable to all non-European nationals from January 2025, followed by an extension to European nationals in March 2025.
Therefore, if you are planning on visiting the UK in the near future (and you don’t already hold a UK visa), it is essential that you are aware of the new and upcoming ETA requirements.
Who will the ETA apply to and when?
ETAs will become mandatory for all “Non-Visa Nationals” who plan to visit the UK. A “Non-Visa National” is a citizen of a country that is not required to obtain a visa prior to visiting the UK. For example, citizens of the EU/EEA, the United States, Switzerland, and Australia are classified as Non-Visa Nationals.
Non-Visa Nationals, with the exception of European nationals, who plan to travel to the UK from 8 January 2025 onwards, will be required to obtain an ETA prior to their arrival. This includes visitors from Australia, Canada, New Zealand, and the United States. Applications for this group will open on 27 November 2024.
The requirement for an ETA will then be extended to European nationals who plan to travel to the UK from 2 April 2025, such as visitors from France, Germany, Spain, Monaco and Switzerland. Applications for Europeans will open on 5 March 2025.
A full list of countries for each category can be found here.
How long does the ETA last and when should I apply?
Each ETA is valid for two years or until the holder’s passport expires, whichever occurs first. The ETA allows multiple visits to the UK for stays of up to six months at a time.Â
Therefore, if you are planning on visiting the UK soon, you may wish to consider applying for your ETA in advance and once the scheme is open to you (exact eligibility dates depend on your nationality, as set out above).
How much does the application cost?
The application fee for an ETA is £10.
What does the application process involve?
The ETA application process is largely automated, with most applicants receiving approval within three working days of submitting their application. Applicants are required to complete a short application form via a mobile app, providing biographic and biometric data (a facial image), along with responses to a set of suitability questions.
Importantly, however, ETA applications can be refused on the basis of criminal convictions, or where the Home Office determines that the applicant’s presence is not conducive to the public good. Applications can also be refused where a person has previously breached immigration law, for example where someone has previously overstayed a UK visa, breached their visa conditions or used deception in a previous immigration application. If this applies to you, we recommend seeking legal advice in advance.
An ETA application will also be refused if a person has previously been refused a Visit Visa or permission to enter as a Visitor, unless they have since made a successful Visit Visa application. In essence, the intention behind this rule is to ensure that such applicants instead apply for Visit Visas, which require more detailed information and supporting documents, and are more heavily scrutinised by the Home Office.
What should I do if my ETA is refused?
If your ETA application has been refused, you will need to apply for and obtain an alternative UK visa (such as a Visit Visa) before travelling to the UK. We recommend seeking immigration advice in advance of proceeding as you will need to proactively address the reasons for the ETA refusal and underlying issues to ensure that any future applications are successful.
Next steps
If you are a Non-Visa National planning to travel to or through the UK after the introduction of the ETA system, or you are a company whose employees regularly visit the UK for business purposes and require further information regarding the ETA regime, please contact Adam Hoefel, Sonia Cala-Lesina or your usual contact at the firm on +44 (0)20 3375 7000.
This publication is a general summary of the law as at the date of publication. It should not replace legal advice tailored to your specific circumstances.
© Farrer & Co LLP, November 2024
