Thursday 19 December 2024

With 8 January 2025 fast approaching and nationals such as those from the US and Canada being able to now apply for the Electronic Travel Authorisation (ETA), we provide an FAQ addressing some key questions around the system and the process.

What is an ETA?

An ETA is a digital authorisation linked to your current valid passport that authorises travel to the UK for purposes such as tourism, business, or short-term study. It is valid for two years or until your passport expires, whichever is sooner, and allows multiple entries during its validity period.

Who needs an ETA?

The requirement for an ETA depends on your nationality and travel date:

• Currently required: Nationals from Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates need an ETA for travel to the UK.
• From 8 January 2025: Nationals from non-European countries, including the US, Canada, Australia and New Zealand, will need an ETA. Applications opened on 27 November 2024.
• From 2 April 2025: European nationals will require an ETA. Applications open on 5 March 2025.

Who does not need an ETA?

You do not need an ETA if you:

• have a valid visa (including a visit visa) or permission to live, work, or study in the UK;
• are a British or Irish citizen (even if you hold dual citizenship);
• are traveling with a British Overseas Territories citizen passport;
• live in Ireland and are traveling from Ireland, Guernsey, Jersey or the Isle of Man.

How to apply:

The fastest way to apply is using the UK ETA app, available on the App Store and Google Play. Alternatively, you can apply online through the UK government website.

Application requirements:

• a valid passport;
• a recent digital photograph – you can upload a photograph or take a picture through the app;
• a valid email address.
• a credit or debit card for the £10 fee.

How long does it take to receive?:

Most applications are processed within three working days, but it is advisable to apply well in advance of your travel date.

Important considerations:

• Each traveler, including children and infants, must have their own ETA.
• An ETA does not guarantee entry; border officials make the final decision upon arrival.
• If you obtain a new passport, you’ll need to apply for a new ETA.
• Do you require a visa rather than an ETA? If you want to live or work in the UK then this is not permitted on an ETA, please seek further advice on UK visa requirements.

What if someone does not have an ETA post 8 January 2025?

You will likely be asked to apply for this at the airport and there is no guarantee that this will be received in time for your flight. You should not be denied entry/boarding as we understand it will not be enforced until later in 2025. However, we strongly advise to apply for and obtain the ETA before travel to avoid any delays or issues.

On what grounds can an ETA application be refused?

There are suitability grounds that can lead to refusal of an ETA. In some circumstances you may still qualify for a visit visa even if your ETA is refused, but we advise that legal advice is sort before a visa application is submitted. The online form for the ETA will ask some questions in relation to the below and background checks will also be carried out following submission.

1. Criminality

• If you have been convicted of a criminal offence in the UK or overseas for which you have received a custodial sentence of 12 months or more or if you have been convicted of a criminal offence in the UK or overseas unless more than 12 months have passed since the date of conviction, your application will be refused.

2. Immigration History

• Previous breaches of UK immigration laws, such as overstaying a visa, working illegally, or using false documents or deception, can lead to refusal. This is usually unless permission has been granted to the applicant with knowledge of the breach or overstay.
• Previous cancellation of an ETA may also lead to refusal as well as previous refusals of visas.
• Refusals or deportations from the UK or other countries may also affect eligibility.

3. Security Risks

• An application for an ETA must be refused where the 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 above criminality grounds).
• Individuals identified as posing a risk to national security may be refused on non-conducive grounds. This includes connections to terrorism, war crimes or other activities that threaten public safety.

If refused, what happens then?

If your application is refused on suitability grounds, you should receive a notification detailing the reason for refusal. You may have limited options for appeal or reapplication, depending on the grounds for refusal. For severe cases, a ban may be imposed for future travel to the UK.

If you are uncertain about your suitability for an ETA or have been refused an ETA, please contact your LDI lawyer or our firm at enquiries@lauradevine.com.