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On 10 September 2024, the UK government published its latest Statement of Changes to the Immigration Rules (HC 217), introducing the new Electronic Travel Authorisation (ETA) scheme.
This system is designed to enhance the pre-arrival screening process for non-visa nationals seeking entry to the UK, either as a Visitor (excluding Marriage/Civil Partnership Visitors) for stays of up to six months or as a Temporary Work – Creative Worker under the Creative Worker visa concession.
The ETA requirement applies to nationals who do not currently need a visa for these routes and who hold no other UK immigration status.
This initiative significantly improves immigration control by providing a thorough pre-arrival assessment of all travellers to the UK.
The Electronic Travel Authorisation scheme aims to address gaps in the UK's pre-approval process for visitors and temporary creative workers. By requiring non-visa nationals to secure an ETA before travel, the UK government can better evaluate potential risks before individuals reach the UK border.
Applicants must submit a valid ETA application and meet specific suitability criteria. If the Home Office determines that an application is invalid or that the applicant does not meet the required criteria, the ETA may be denied.
A refusal of ETA does not equate to a refusal of entry into the UK. In such cases, the individual may still enter the UK, but will need to apply for and obtain a valid visa to do so. If an ETA application is refused, the process of obtaining a visa may be complex, and seeking professional advice is recommended.
Nationals from the following locations will need to obtain an ETA for visa-free travel to the UK:
If your nationality is not listed above, you are ineligible for an ETA and must apply for a UK visa before traveling.
You can apply for a UK ETA through the ETA App or an online form. During the application process, you will need to:
The UK ETA must be applied for using a national passport. Travelers using any other type of document must apply for a UK visa instead.
The ETA application process is primarily automated, with the majority of applicants receiving approval within 3 working days of submitting their application.
Applicants are required to complete a brief application, providing biometric data (in the form of a facial image), personal details as well as answering a few suitability-related questions.
You will need to complete your application in one go - you will not be able to save your progress.
Home Office caseworkers will only need to review applications in the following cases:
When an application is flagged for identity verification, the case worker must assess whether the applicant meets the identity requirements for an ETA before making a decision to approve or reject the application.
If an application is rejected at the identity verification stage, it will not be assessed against the suitability criteria, and the applicant can submit a new application.
For applications referred due to adverse information found in Home Office records or self-declared criminality, war crimes, terrorism, or extremism, the case worker must determine whether the applicant meets the ETA suitability criteria before making a final decision.
According to the Immigration Rules, an ETA may be refused for the following reasons:
New changes introduced in HC 217 include:
If any of these grounds apply to your situation, it is advisable to seek expert legal advice before making an application.
If your ETA is refused, you can still apply for a visa to enter the UK, such as:
Legal advice may be necessary to improve your chances of securing a visa.
The introduction of the ETA scheme aligns with the UK’s efforts to enhance immigration control, allowing for pre-arrival assessment and improving the ability to manage the entry of visitors.
However, there is always the risk of errors in the Home Office’s decision-making process. If you receive an ETA refusal, seeking specialist legal advice can help clarify your options.
An ETA is not necessary for individuals who fall into any of the following categories:
Additionally, third-country nationals who are lawfully residing in Ireland and traveling to the UK from within the Common Travel Area (CTA) for a visit do not need an ETA.
The UK ETA scheme is a newly introduced system that requires non-visa nationals to obtain approval through an ETA before traveling to the UK as a Visitor or under the Temporary Work – Creative Worker route. Its purpose is to screen travellers before arrival to assess any potential risks.
The UK ETA scheme is a newly introduced system that requires non-visa nationals to obtain approval through an ETA before traveling to the UK as a Visitor or under the Temporary Work – Creative Worker route. Its purpose is to screen travelers before arrival to assess any potential risks.
You can submit an ETA application using either the dedicated ETA app or an online form. Applicants must provide passport details, a valid passport photo, pay a £10 fee, and answer suitability-related questions.
The ETA scheme was first implemented in November 2023 for Qatari nationals and will gradually be extended to other countries in phases, with full implementation by April 2025.
If your ETA is refused, you can still enter the UK by applying for a visa. In such cases, it’s recommended to seek professional legal advice to ensure the visa application process goes smoothly.
ETA applications may be denied for several reasons, including criminal convictions, exclusion or deportation orders, prior immigration violations, or unpaid NHS charges, among other factors outlined in this guide.
It is possible to travel to the UK, but only after obtaining a visa, such as a Standard Visitor Visa or Creative Worker Visa.
The suitability criteria cover factors like criminal records, past immigration violations, and outstanding debts to the NHS. Additional criteria introduced in September 2024 apply stricter rules for overstayers and individuals previously denied visas
No, the ETA is not a visa. It is a travel authorisation required for non-visa nationals visiting the UK as Visitors or Temporary Creative Workers, and it must be obtained prior to traveling.
If your ETA is cancelled, you will need to apply for a UK visa to travel again, even if the cancellation was not due to suitability concerns.
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Melanie Wong is a Senior Immigration Lawyer based in London, UK.
With
over 20 years of legal experience, she has extensive knowledge and exposure of all areas of UK immigration law, with particular
expertise in handling difficult and technically complex cases, including UK Settlement, Human Rights and British nationality law.
While every effort has been made to ensure that the information and law contained in this article is accurate and current as of the date of publication, we accept no responsibility for its accuracy or for any loss or damages arising from accessing, or the reliance, of this guidance.
Please also note that the information does not represent a complete statement of the Law and does not constitute legal advice.
If you would like specific professional advice about your UK immigration matter, please consider booking a consultation or one of my other legal services.
Melanie Wong is a Senior Immigration Solicitor based in London, UK.
With
over 20 years of legal experience, she has extensive knowledge and exposure of all areas of UK immigration law, with particular
expertise in handling difficult and technically complex cases, including UK Settlement, Human Rights and British nationality law.
Making a UK Visa or Settlement application can be a stressful experience, and whilst there is a lot of ‘free’ information online, finding clear expert guidance that is up to date, and in line with your specific requirements can be a daunting task.
If you have any concerns about your case, it is recommended to reach out for advice from a trusted legal professional.
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