What is the new Electronic Travel Authorisation (ETA)?
Nationals of many “friendly” countries can travel to the UK without a visa for short trips such as holidays, tourism, visiting family, attending events and business trips. They are known as “non-visa” nationals – somewhat confusingly, as they still need a visa to settle in the UK, stay longer term, work, study or access non-emergency healthcare. Visa free admission within these limits is technically at the discretion of the immigration officer and not as of right – but until now it has been almost process free, despite Brexit and more onerous pre-travel arrangements such as the US’s ESTA scheme coming into force.
Now, that is all changing with the UK’s new Electronic Travel Authorisation (ETA). Vishal Makol, Associate in the Business Immigration team, looks at the detail.
Who needs an ETA?
Non-visa nationals from countries such as the USA, Canada, Australia, Japan and European Union nations will in future need prior permission in the form of a digitally approved Electronic Travel Authorisation to enter the UK as a visitor, as a Creative Worker (for up to three months) or to transit at UK airports. This must be secured before travel to the UK.
The system opened to Qatari nationals in October 2023. It was then extended to nationals of other Gulf states namely Bahrain, Kuwait, Jordan, Oman, Saudi Arabia and UAE for travel to the UK on or after 22 February 2024, phasing out the Electronic Visa Waiver (EVW) for most of these nations. Jordan has since become a visa national country and removed from ETA.
The ETA application process opened on 27 November 2024 for the following non-European nationals who do not require a visa and intend to 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, The Bahamas, Tonga, Trinidad and Tobago, Tuvalu, United States and Uruguay.
On 5 March 2025, ETA opens for the following European nationals (this includes non-EU nations such as Andorra and San Marino too) who do not require a visa for short stays and intend to 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 and Vatican City.
The lists of visa nationals and non-visa nationals change periodically, so check the UK Government’s guidelines.
Who is exempt?
British or Irish Citizens, or British Overseas Territory Citizens travelling on their BOTC passport. Those with Settled Status or Indefinite Leave to Remain, entry clearance, permission to enter, or permission to stay (e.g. Skilled Worker visa), settled people, or people who are exempt from immigration control or third country non-visa nationals who lawfully reside in Ireland and are travelling to the UK to visit from somewhere else in the Common Travel Area.
How to apply for an Electronic Travel Authorisation (ETA)
Well before travel, apply via an online link:
https://www.gov.uk/guidance/apply-for-an-electronic-travel-authorisation-eta
An applicant needs the passport they will travel with, access to their emails, a credit card, debit card and Apple Pay or Google Pay. An applicant will also need to upload or take photos of their passport and the face of the person applying. This all needs to be with the applicant at the outset of applying.
There are several questions to fill in, such as name, date of birth, nationality, previous immigration history and criminal convictions. An applicant will need to provide biometric information, have a valid passport (biometric chipped or not) and answer a short set of questions to assess suitability for travel to the UK. Applicants will not need to enter their travel details.
The ETA costs £10, permits multiple journeys within the UK visitor rules and is valid for two years or until the holder’s passport expires – whichever is sooner. Everyone travelling needs to get an ETA, including babies and children. An applicant can apply for other people. Applications can be made through the UK ETA app, which is recommended or by filling an online form. Applicants should receive a decision within three working days, but it may occasionally take longer.
The ETA will only provide an applicant permission to travel to the UK, and it is not equivalent to a visa.
The current ETA rules list reasons applicants must be refused an ETA, including if they have had previously breached immigration laws (e.g. overstaying, using deception in relation to an immigration application), false representations, and criminality etc.
An ETA only applies to non-visa nationals. Visa nationals will always require a valid visa if they wish to enter the UK. Applicants can travel to the UK while waiting for a decision.
What happens after the application is submitted
An applicant will receive an email confirming if they have obtained an ETA. It will be linked to the passport with which an applicant had used. Once granted, the ETA will be valid for two years from the date of grant or until the passport used in the application expires, whichever is sooner. An applicant holding a valid ETA can make multiple journeys of up to six months as a visitor. However, if an applicant obtains a new passport, they will need to obtain a new ETA.
What is not permitted with an ETA
Applicants remain subject to the genuine visitor requirement as set out in Appendix V of the Immigration Rules. This means that while ETA holders can be granted permission to stay for up to six months at a time within the two-year period, they should not be living in the UK for extended periods through frequent and successive visits. The Home Office may not accept that such individuals are genuine visitors.
ETA holders cannot work in the UK as an employed or self-employed person, unless they are doing a permitted paid engagement or event or work on the Creative Worker visa concession. Applicants cannot claim public funds. Applicant can also not marry or register a civil partnership or give notice of marriage or civil partnership.
What if the ETA is refused?
If an applicant is refused an ETA, they will be required to apply for a visa such as a Visitor visa or a Creative Worker visa if they want to come to the UK. We await clarification from the Home Office as to when a repeat application for an ETA can be submitted following an initial refusal. This is likely to change in due course.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
