The UK Home Office published the dates that the United Kingdom’s Electronic Travel Authorisation (ETA) scheme will be rolled out to all applicable countries.

The new government says: “Everyone wishing to travel to the UK – except British and Irish citizens – will need permission to travel in advance of coming here. This can be either through an Electronic Travel Authorisation or an E-Visa.”

The ETA is a digital permission to travel to the United Kingdom (similar to the Electronic System for Travel Authorization (ESTA) system in the United States). The scheme was first launched in October 2023 and has been in place for nationals of Bahrain, Kuwait, Oman, Qatar, Saudia Arabia, and the United Arab Emirates since November 2023.

The ETA scheme will be extended to all nationals who can travel to the UK visa-free in two further phases:

• Eligible non-Europeans can apply in advance from 27 November 2024 and must have an ETA to travel to the UK from 8 January 2025.
• Eligible Europeans can apply from 5 March 2025 and must have an ETA to travel to the UK from 2 April 2025.

The cost of an ETA is £10 ($13.12) and it allows for a maximum of six-month periods in the UK, with the ability to make multiple trips. The ETA is valid for a period of two years or until the expiry date of the individual's passport, whichever occurs first.

What Is the UK ETA Scheme?

According to the UK government, "The ETA will ensure that we have access to information regarding individuals who are attempting to enter the United Kingdom, thereby preventing the entry of dangerous individuals, such as criminals."

The UK government aims to enhance the screening and assessment of travellers for any possible risks before they reach the UK border by requiring that those who do not need a visa obtain an ETA prior to travel.

Applicants for an ETA must submit a valid application and meet a variety of suitability requirements. The Home Office may refuse an application for an Electronic Travel Authorisation if it is of the opinion that the applicant has not submitted a valid application or does not satisfy any of the suitability criteria.

Individuals who fail to obtain an ETA do not necessarily mean that they have been refused permission to enter the UK. They may still be able to enter the United Kingdom; however, they will need to apply for and obtain a visa.

The objective of this new security structure is to reinforce the immigration system of the United Kingdom, thus enhancing its ability to prevent the entry of individuals who might pose a threat.

Nevertheless, it is possible that Home Office assessments may be inaccurate, as is the case with any such program.

In particular situations, individuals who fail to receive an Electronic Travel Authorisation for visa-free travel may still be eligible for a UK visa. It is advisable to seek professional immigration law advice, as UK visa applications that are the result of an ETA refusal are likely to be complicated.

How do travellers obtain an ETA?

The application can be made online through a UK government website or via the mobile app (search for “UK ETA” on the Apple app store or Google Play).

Applicants scan their passports, take a photograph of themselves, and complete a questionnaire with personal details, previous immigration history, and details of any criminal convictions.

Applying for an ETA means that all relevant travellers will need to declare criminal convictions and any adverse UK immigration history. The Home Office will carry out checks, and decisions should be made within three working days, but if further checks are required it may take longer. It is therefore imperative that travellers submit their applications in a timely manner, especially those who may have previous criminal convictions or adverse immigration history. If the ETA application is unsuccessful, the traveller will be directed to apply for a visa, which comes with significantly longer processing times.



What Are the Grounds for Refusal of an Electronic Travel Authorisation Application?

The Immigration Rules state that an application for Electronic Travel Authorisation must 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 litigation costs awarded to the Home Office.

The new ETA rules, published on 10 September 2024, introduce expanded suitability criteria for individuals with a history of overstaying or previous visa refusals.

• Overstayers: 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.
• 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.
• 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.

It is important to disclose all relevant information when filling out an application for Electronic Travel Authorisation, or indeed any immigration application. Failure to do so may not only result in a refusal of Electronic Travel Authorisation but may have long-term negative effects on your ability to travel to the UK.

If you are unsure whether something is relevant to your UK ETA application, it is recommended that you seek professional legal advice.  

What if I Am Refused a UK Electronic Travel Authorisation?

You may still be allowed to travel into the United Kingdom if your application for a UK Electronic Travel Authorisation has been refused. However, in order to successfully do this, you will first need to apply for and be granted one of the following UK visas:

• Standard visitor visa
• Creative worker visa
• Transit 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 then you may wish to seek professional legal advice.

The introduction of the Electronic Travel Authorisation scheme and the following changes have confirmed that all visitors who do not need a visa will require an ETA to travel to the UK by April 2025. This initiative will serve to reinforce the United Kingdom's commitment to improving its immigration framework. By expanding pre-arrival screening and aligning the ETA with broader immigration rules, the United Kingdom aims to more effectively manage who enters the country, prevent system abuse, and identify individuals who do not meet the requirements early in the process.

However, any kind of pre-assessment comes with the chance that the Home Office will make a mistake when making a decision. Wrong refusals can happen because of mistakes in fact, law, or perception, especially for applicants with complex circumstances. If someone is turned down for an Electronic Travel Authorisation, they need to get professional legal assistance immediately to find out what their options are and what will happen.

If you would like assistance with applying for a UK Electronic Travel Authorisation, advice on an ETA refusal decision or assistance with applying for a UK visa following a refused ETA application, contact us on 0203 865 6219 or leave a message.