International
Electronic travel authorization system launched
The UK government has launched a new system of pre-travel immigration checks for visitors called the Electronic Travel Authorization (ETA) scheme in October 2023. The scheme requires all visa-exempt foreigners visiting the UK to obtain prior approval before traveling to the UK.
As explained in a previous article, once the ETA regime is fully implemented, all visa-exempt foreign visitors who were previously able to enter the UK using only their passports will need to obtain prior approval before traveling to the UK. This includes business visitors, family visitors and creative workers.
The ETA initially applied to citizens of Qatar and later also applied to citizens of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates.
The scheme will soon apply to all non-European nationals from January 2025, and will also be extended to European nationals in March 2025.
Therefore, if you are planning to visit the UK in the near future (if you do not already have a UK visa), it is important to be aware of the new ETA requirements.
To whom and when does the ETA apply?
An ETA is mandatory for all “visa nationals” wishing to visit the UK. “Visa nationals” are citizens of countries who do not need to obtain a visa before visiting the UK. For example, EU/EEA, US, Swiss and Australian citizens are classified as visa-free nationals.
From 8 January 2025, non-visa nationals, other than European nationals, planning to travel to the UK will need to obtain an ETA before arrival. This includes visitors from Australia, Canada, New Zealand and the United States. Applications for this group will open on November 27, 2024.
The ETA requirement will then be extended to European nationals planning to travel to the UK from 2 April 2025, including visitors from France, Germany, Spain, Monaco and Switzerland. European applications open on March 5, 2025.
A full list of countries for each category can be found here.
How long does an ETA last and when should I apply?
Each ETA is valid for two years or until the expiration date of the holder's passport, whichever comes first. The ETA allows you to visit the UK multiple times for up to 6 months at a time.
Therefore, if you are planning to visit the UK soon, we recommend that you apply for an ETA in advance and after the scheme has been released (the exact eligibility date will depend on your nationality, as set out above).
How much does it cost to apply?
The ETA application fee is £10.
What does the application process include?
The ETA application process is largely automated, and most applicants are approved within three business days of submitting their application. Applicants must complete a brief application via a mobile app that provides biographical and biometric data (facial image) along with responses to a series of suitability questions.
However, the important point is that an ETA application may be refused if there is a criminal record or if the Home Office determines that the applicant's presence is not in the public interest. Your application may be refused if you have previously breached immigration laws, such as having previously overstayed your UK visa, breached the terms of your visa or used deception on a previous immigration application. If this applies to you, we recommend that you seek legal advice in advance.
Your ETA application will be rejected unless you have successfully applied for a visitor visa, even if you have previously been denied a visitor visa or visitor entry permit. Essentially, the intent of this rule is to force such applicants to apply for a visitor visa instead. Visitor visas require more detailed information and supporting documentation and are subject to greater scrutiny by the Home Office.
What should I do if my ETA is denied?
If your ETA application is rejected, you will need to apply for and obtain a replacement UK visa (e.g. a visitor visa) before traveling to the UK. We recommend that you seek immigration advice before proceeding as you will need to proactively address the reasons for your ETA rejection and any underlying issues to ensure the success of your future application.
next steps
If you are a non-visa national planning to travel to or through the UK following the introduction of the ETA scheme, or if you are a company whose employees regularly travel to the UK for work purposes and would like further information about the ETA scheme, please contact Adam. Hoefel, Sonia Cala-Lesina or the company's general contact number +44 (0)20 3375 7000.
This publication is a general summary of the law at the time of publication. It is not a substitute for legal advice tailored to your specific circumstances.
© Farrer & Co LLP, November 2024
About the Author Adam Hoefel
Adam's profile page Email Adam +44 (0)20 3375 7522 Sonia Cala-Lesina
Sonia Profile Page Email Sonia +44 (0)20 3375 7314
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