On 10 September 2024 the Home Office published its most recent ‘Statement of Changes’ to the Immigration Rules. This statement sets out timings for the remaining rollout of the UK’s Electronic Travel Authorisation scheme (ETA), which will soon apply to all non-visa nationals visiting the UK.

The key takeaway? If you do not currently need a visa to visit the UK, you will soon need to apply for an ETA before travelling.

1. What is the ETA?

The ETA operates similarly to the USA’s ESTA scheme. It requires those impacted to apply for digital permission to travel to the UK in advance of doing so. This is different to a visa and does not confer immigration status. The intentions are, according to the Home Office, to “screen travellers and prevent the travel of those who pose a risk upstream, making the UK safer”.

2. Who Needs an ETA?

All non-visa nationals travelling to the UK for visit or Temporary Creative work, who do not have a visa issued prior to travel, will need to have an ETA before arriving in the UK. The scheme is already open to nationals of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the UAE (with Jordan having been removed on 10 September).

The remaining rollout will continue into 2025 with non-European nationals being able to apply for their ETA from 27 November 2024 (for travel from 8 January 2025 onwards). European nationals can apply from 5 March 2025 for travel from 2 April 2025.

Those who have a visa, for work or family or other purposes, British and Irish nationals, holders of British overseas territories passports, or other nationals who live in Ireland, do not require an ETA before travelling to the UK.

3. How Does it Work?

Affected individuals need to download the official ETA app and follow the required steps. It can also be applied for via the Government website and helpers/representatives can assist those who need it.

They will need to provide their valid national passport details, a photo of themselves, provide some basic personal and contact information and answer questions on suitability and criminal history.

The ETA application will cost £10 and decisions should be provided within 3 working days. Once approved, the ETA will be linked digitally to the applicant’s passport. It will be valid for 2 years, or until the expiry date of the passport (if shorter). Dual passport holders will need each passport to have a separate ETA linked to it. Each individual traveller will need to have their ETA before travelling to the UK, including children.

It is important to note that airlines, ferry operators and other carriers may remind passengers of the need to have an ETA but this is subject to individual business communications and the absence of such reminder should not be relied upon. There is the risk of being refused entry to the UK if an individual arrives without an ETA when they should have had one.

4. What Else is There to Know?

The Home Office’s statement also made changes to ETA suitability, bringing this closer in line with the Visitor category of the Immigration Rules. For example, an ETA may be refused where an individual previously had a Visitor visa refusal, or where an individual had an ETA cancelled by the Home Office in the past, unless a subsequent visa was approved.

It may also be refused if the applicant owes a debt to the NHS, has previously breached immigration law, has a criminal record, or if the Home Secretary deems it appropriate to deny the ETA.

If the ETA is refused, the individual will need to apply for a visa from outside of the UK before being able to come here.

Whilst the ETA scheme is live, there is a question mark over enforcement of the consequences for failure to have an ETA when required prior to travelling to the UK. These consequences are pervasive across numerous immigration and nationality legislations, but it is expected that an implementation phase will apply as international travellers get used to this new system. However, this is not confirmed and we strongly recommend that all non-visa nationals, to whom the ETA will apply, apply for an obtain their ETA in good time prior to travelling to the UK from either 8 January or 2 April 2025.

5. Important to Remember

If you are a non-visa national travelling to the UK for a visit, or a business with an international workforce and colleagues who frequently visit the UK without requiring a visa, you must be aware of the upcoming requirement to obtain permission prior to travel. Failure to do so could result in serious consequences, including refusal of entry to the UK. Enforcement measures have yet to be announced by the Home Office.

6. Want to Know More?

The ETL Global Mobility group is hosting a seminar both in person and online on 13 November 2024 on upcoming changes to business travel in the UK, Europe and the USA.

Laytons ETL Partner Victoria Welsh will be discussing the ETA, and guest speakers will be discussing the EU’s forthcoming ETIAS and the common pitfalls of the USA’s ETSA programme.

In this session all three speakers will explain these new and some already existing pre-travel authorisation systems and what they mean for business travellers moving forward.

Join us online and in person and register your interest here.

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