By Paul Richmond – Managing Associate
In This Article
1. Introduction to the Electronic Travel Authorisation Scheme
2. What Is the UK ETA Scheme?
3. Do I Need an Electronic Travel Authorisation (ETA) to Travel to the UK?
4. When Does the Electronic Travel Authorisation (ETA) Application Process Open?
5. How Do I Apply for a UK Electronic Travel Authorisation (ETA)?
6. Expanded Suitability Criteria for ETA Applications
7. Can I Travel to the UK if my Electronic Travel Authorisation is Refused?
8. Strengthening Immigration Control?
9. Contact Our Immigration Barristers
10. Frequently Asked Questions
11. Glossary
12. Additional Resources
1. Introduction to the Digital Journey Authorisation Scheme
In its newest Statement of Changes to the Immigration Rules (HC 217), revealed on 10 September 2024, the UK authorities has introduced the implementation of the Digital Journey Authorisation (ETA) scheme, a brand new scheme aimed toward enhancing pre-arrival screening of non-visa nationals who’re looking for permission to enter the UK as both a Visitor (apart from as a Marriage/Civil Partnership Visitor), staying within the UK for as much as 6 months, or as a Temporary Work – Creative Worker below the Non permanent Work – Inventive Employee visa concession.
The ETA scheme applies to all nationals who don’t presently require a visa to journey to the UK on the above routes and who don’t maintain another UK immigration standing, guaranteeing that every one guests are assessed earlier than arrival. This initiative marks a major step in the direction of tightening immigration controls by offering a complete understanding of all these travelling to the UK.
2. What Is the UK ETA Scheme?
The Digital Journey Authorisation scheme is designed to shut present gaps prematurely permissions for people travelling to the UK as Guests and Non permanent Inventive Staff. By requiring those that don’t want a visa to acquire an ETA earlier than journey, the UK authorities hopes to have the ability to higher display and assess travellers for any potential dangers earlier than they attain the UK border.
People making use of for an ETA have to submit a legitimate utility and fulfill varied suitability standards. If the Dwelling Workplace will not be glad that an applicant has made a legitimate utility, or considers that they don’t meet any of the suitability standards, an utility for an Digital Journey Authorisation could also be refused.
You will need to notice that an individual who’s refused an ETA has not been refused permission to enter the UK. They could nonetheless be capable of enter the UK, however so as to take action they may first want to use for, and be granted, a UK visa.
This new layer of safety goals to strengthen the nation’s immigration system, enhancing the UK’s capability to stop the entry of people who could pose a risk. Nonetheless, as with all such scheme, Dwelling Workplace assessments could also be inaccurate and, in acceptable circumstances, people who’re refused an Digital Journey Authorisation for visa free journey should be capable of qualify for a UK visa. Since UK visa purposes following refusal of an ETA are prone to be advanced, skilled immigration legislation recommendation ought to be sought.
In case your ETA utility has been refused, contact our immigration barristers in London for professional recommendation on the deserves of making use of for a UK visa. Name our ETA refusal group on +44 (0)203 617 9173 or full our enquiry kind beneath.
3. Do I Want an Digital Journey Authorisation (ETA) to Journey to the UK?
Nationalities of the next places (together with nations and related territories) are topic to the requirement to acquire an ETA for visa free journey to the UK:
(a) for journey to the UK on or after 15 November 2023: Qatar;
(b) for journey to the UK on or after 22 February 2024: Bahrain, Kuwait, Oman, United Arab Emirates, Saudi Arabia;
(c) for journey 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 Particular Administrative Area (together with British Nationwide (Abroad)), Israel, Japan, Kiribati, Macao Particular Administrative Area, 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 (solely those that maintain a passport issued by Taiwan that features in it the variety of the identification card issued by the competent authority in Taiwan), The Bahamas, Tonga, Trinidad and Tobago, Tuvalu, United States, Uruguay;
(d) for journey 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, Vatican Metropolis.
In case you are a nationwide of a location that isn’t talked about within the record of nations and territories that require an Digital Journey Authorisation (ETA) above then you aren’t eligible for an ETA. You should apply for a UK visa earlier than visiting the UK.
To learn the way our immigration barristers can help your UK Go to Visa utility, contact our specialist immigration group on +44 (0)203 617 9173 or full our enquiry kind beneath.
4. When Does the Digital Journey Authorisation (ETA) Utility Course of Open?
The Digital Journey Authorisation utility course of opened on 25 October 2023 for Qatari nationals travelling to the UK on or after 15 November 2023.
The ETA utility course of opened on 1 February 2024 for residents of Bahrain, Kuwait, Oman, United Arab Emirates and Saudi Arabia travelling to the UK on or after 22 February 2024.
The ETA utility course of will open on 27 November 2024 for nationals of Antigua and Barbuda, Argentina, Australia, Barbados, Belize, Botswana, Brazil, Brunei, Canada, Chile, Colombia, Costa Rica, Grenada, Guatemala, Guyana, Hong Kong Particular Administrative Area (together with British Nationwide (Abroad)), Israel, Japan, Kiribati, Macao Particular Administrative Area, 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 (solely those that maintain a passport issued by Taiwan that features in it the variety of the identification card issued by the competent authority in Taiwan), The Bahamas, Tonga, Trinidad and Tobago, Tuvalu, United States and Uruguay travelling to the UK on or after 8 January 2025.
The ETA utility course of will open on 5 March 2025 for nationals of 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 Metropolis travelling to the UK on or after 2 April 2025.
5. How Do I Apply for a UK Digital Journey Authorisation (ETA)?
You possibly can apply for an Digital Journey Authorisation utilizing the ETA App, or by way of an internet kind.
If you apply for a UK ETA you have to to pay an Digital Journey Authorisation utility price of £10, present your contact and passport particulars, a legitimate passport photograph and reply a set of questions on suitability.
Following the Statement of Changes to the Immigration Rules (HC 217), revealed on 10 September 2024, UK ETA candidates will now be required to make use of a nationwide passport when making use of for an Digital Journey Authorisation, aligning this course of with the visa necessities outlined within the Immigration Guidelines. Travellers utilizing any doc apart from a nationwide passport might want to apply for a UK visa as a substitute of an ETA.
6. Expanded Suitability Standards for ETA Purposes
In our earlier publish, How to Apply for a UK Electronic Travel Authorisation (UK ETA), we famous that the Immigration Guidelines state that an utility for Digital Journey Authorisation shall be refused within the following circumstances:
- Exclusion or deportation grounds: the place the Dwelling Secretary has personally directed that the UK ETA applicant be excluded from the UK; the UK ETA applicant is the topic of an exclusion order; or the UK ETA applicant is the topic of a deportation order or a call to make a deportation order.
- Criminality grounds: the place the UK ETA applicant has been convicted of a prison offence for which they’ve obtained a custodial sentence of 12 months or extra; the place the UK ETA applicant has been convicted of a prison offence until 12 months have handed for the reason that date of conviction. Please notice each convictions within the UK and in another nation are related.
- Non-conducive grounds: the place the UK ETA applicant’s presence within the UK will not be conducive to the general public good due to their conduct, character, associations or different causes (together with convictions which don’t fall throughout the criminality grounds).
- Earlier breach of immigration legal guidelines grounds: the place the UK ETA applicant was over the age of 18 and overstayed their depart, breached a situation of their depart (until entry clearance or an extra grant of depart was later made with information of the breach), used deception in relation to an immigration utility.
- False representations: the place in relation to a present or earlier utility false representations had been made, false paperwork or false info submitted. Please notice that it doesn’t matter if this was related to the appliance or whether or not it was made with the UK ETA applicant’s information. Additionally, the place related details weren’t disclosed.
- Debt to NHS grounds: the place the UK ETA applicant has didn’t pay prices on NHS use by abroad guests and people excellent prices have a complete worth of not less than £500.
- Unpaid litigation prices grounds: the place the UK ETA applicant has didn’t pay litigations prices awarded to the Dwelling Workplace.
Three essential modifications to the ETA suitability standards have been launched by the Statement of Changes to the Immigration Rules (HC 217) revealed on 10 September 2024:
- Overstayers: Modifications are being made to the suitability standards regarding overstayers. Below the present system, people who’ve beforehand overstayed their permission to stay within the UK can nonetheless be granted an ETA in the event that they left voluntarily with out being deported on the authorities’s expense. Transferring ahead, the suitability standards for overstayers is being amended to convey them consistent with the foundations utilized to guests below part 9 of the Immigration Rules. This may permit for a extra detailed consideration of the circumstances and length of any earlier overstays.
- Earlier Visa Refusals: People who’ve beforehand been refused a go to visa or permission to enter as a customer will even be refused an ETA. Nonetheless, if they’ve since been granted a go to visa or held legitimate permission that was not cancelled, they might nonetheless be eligible for an ETA. This variation goals to stop people who had been beforehand deemed ineligible below the UK’s customer guidelines from bypassing the system by means of an ETA. Such people will as a substitute be required to use for a visa, permitting for a extra thorough overview of their eligibility.
- Cancellation of ETA: If a person has had their ETA cancelled, even for causes unrelated to suitability, they are going to be refused a brand new ETA. With out this rule, people could possibly be refused entry on the UK border, have their ETA cancelled, after which reapply to board one other flight in an try to bypass immigration controls. This variation ensures that when an ETA has been cancelled, the applicant should apply for a visa and endure a extra detailed examination of their eligibility earlier than being allowed to re-enter the UK.
For those who take into account that any of those ETA refusal grounds may apply to you, it’s possible you’ll want to search professional authorized recommendation earlier than making use of for an Digital Journey Authorisation.
7. Can I Journey to the UK if my Digital Journey Authorisation is Refused?
As famous above, an individual who’s refused an ETA has not been refused permission to enter the UK. Due to this fact, in case your UK Digital Journey Authorisation utility has been refused, you should still be capable of enter the UK. Nonetheless, so as to take action you’ll first want to use for, and be granted one of many following UK visas:
Standard Visitor Visa
Creative Worker Visa
In case your utility for a UK ETA has been refused and also you want to apply to enter the UK in one of many above-mentioned immigration routes, it’s possible you’ll want to search skilled authorized recommendation in relation to the deserves of your U.Okay. visa utility.
8. Strengthening Immigration Management?
The introduction of the Digital Journey Authorisation scheme and the accompanying modifications talked about on this article reinforce the UK’s dedication to enhancing its immigration framework. By increasing pre-arrival screening and aligning the ETA with broader immigration guidelines, the hope is that the UK can higher handle who enters the nation and forestall abuse of the system, guaranteeing that those that don’t meet the necessities are recognized early within the course of.
Nonetheless, any such pre-assessment carries with it a danger of errors in Dwelling Workplace decision-making. Errors of truth, legislation or judgement could result in wrongful refusals, significantly for candidates with advanced circumstances. For individuals who are refused an Digital Journey Authorisation, it’s essential to hunt specialist authorized recommendation to know the results and choices accessible.
If you need help with making use of for a UK Digital Journey Authorisation, recommendation on an ETA refusal determination or help with making use of for a UK visa following a refused ETA utility, contact our immigration barristers in London on 0203 617 9173 or full our enquiry kind.
