The UK has developed a US ESTA-style system called the Electronic Travel Authorisation (ETA) scheme.
It means that non-visa nationals travelling visa-free to the UK as a visitor will need to apply for pre-travel authorisation. Anyone travelling to the UK with a visa will not need to apply for an ETA.
From 2 April 2025 Europeans will need an ETA. This is a significant development and means that some Europeans who have travelled to the UK for a lifetime without issue could suddenly find they have problems – particularly if they have a criminal conviction which to date has not been flagged on entry to the UK.
The ETA must be applied for in advance of travel to the UK and involves completing a simple online form and verifying your ID using an app on a smartphone. It costs £10 per traveller and is normally approved in a matter of hours, although it can take up to 3 days.
The ETA scheme started in October 2023 and currently only applies to nationals of Qatar, Bahrain, Kuwait, Oman, Saudi Arabia and the UAE.
The UK Home Office recently announced the timetable for expansion of the ETA scheme to other countries. Nationals of non-European countries (including the US, Canada, Australia and New Zealand) who want to visit the UK without a visa will need an ETA from 8 January 2025 (and can start to apply from 27 November 2024).
Will Europeans need to apply for an ETA?
As Europeans are non-visa nationals, to enter the UK as a visitor they will need to apply for an ETA. Nationals of EU and EEA countries plus Switzerland – but not Ireland – will need an ETA from 2 April 2025 (and can start to apply from 5 March 2025).
Can an ETA application be refused?
For the vast majority of applicants the ETA will be nothing more than an administrative burden.
But applications can be refused for a variety of reasons, including for example on criminality grounds; previously breaching immigration law (such as overstaying a visa, breaching conditions of a previous visa or using deception in a previous visa application); making false representations; or having a previous visitor visa application refused (and not subsequently approved).
Europeans who were unsuccessful in an application to the EU Settlement Scheme should not have an ETA refused – because it was not an application for a visitor visa.
What happens if I have a criminal conviction?
Criminality will be the biggest cause of rejection. The ETA rules state that an application must be refused where the applicant has been convicted of a criminal offence in the UK or overseas and:
· They have received a custodial (prison) sentence of 12 months or more; or
· The date of conviction was less than 12 months ago.
The form specifies that applicants are not required to disclose parking fines or speeding tickets. However, other offences which resulted in criminal fines will need to be disclosed and if they happened within the last 12 months, will lead to a refusal of an ETA.
All criminal convictions, whenever they were received, need to be disclosed in the ETA application. Those with convictions leading to a prison sentence of less than 12 months which happened more than 12 months ago will need to disclose this and can still be refused if it is deemed that their presence is not conducive to the public good. Those with a recent criminal conviction such as a fine for a drink driving offence will be refused an ETA.
What happens if your ETA is refused?
Anyone who has their ETA application refused will need to apply for a visitor visa before being able to travel to the UK.
In much the same way as people needing to apply for a B1/B2 visitor visa to travel to the US where their ESTA is refused, this is likely to cause serious delays and inconvenience.
More importantly there is no guarantee the visitor visa will be granted. Europeans with criminal convictions could find their visitor visa is refused – especially given that some of the grounds for refusal are mandatory. It is important to take legal advice before applying for a visit visa where an ETA has been refused.
Is the EU developing a similar system?
Post-Brexit both the UK and EU have been racing to develop their own pre-travel authorisation schemes. The European Travel Information and Authorisation System (ETIAS) launches in the first half of 2025. It will be applicable for British citizens travelling to the EU as a visitor and is likely to launch at roughly the same time as the UK ETA scheme for Europeans on 2 April 2025.
The Kingsley Napley ETA website has more information, blogs and FAQs on the ETA scheme.
About the author Tim Richards. Professional Support Lawyer at Kingsley Napley. Tim is a solicitor with extensive experience in corporate and private client immigration matters and is responsible for the immigration team’s knowledge management and development.
Nicolas Rollason. Partner and Head of Department. Nick is a partner and head of Business Immigration. He advises on all areas of UK immigration and nationality law and has particular expertise in providing strategic advice to businesses on their global immigration needs.
Comments