The UK's move to a fully digital immigration system has been well documented over the last few years with one of the biggest changes being the introduction of the Electronic Travel Authorisation ("ETA"). The ETA is, simply put, a digital permission to travel to the UK as a visitor and the scheme is similar to the ESTA required for British nationals, among others, travelling to the USA.
Who needs an ETA?
ETAs are currently required for nationals of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the UAE who are looking to visit the UK for tourism, visiting family or friends, carrying out permitted business activities, permitted paid engagements or transiting through the UK.
The government have now confirmed that the ETA will be rolled out to non-visa nationals travelling to the UK for these purposes from 8 January 2025. This includes nationals of Australia, Canada, Hong Kong, New Zealand, Singapore, Taiwan and the USA among others. Importantly, EU nationals visiting the UK on or after 2 April 2025 will also require an ETA.
Anyone who has a visa, pre-settled or settled status does not need to apply for an ETA.
Nationals of all other countries will still need to apply for a visit visa before visiting the UK.
When can visitors apply for an ETA?
Nationals of countries who will be subject to the ETA scheme from 8 January 2025 can apply for their ETA from 27 November 2024.
EU nationals can apply for an ETA from 5 March 2025, ahead of EU nationals becoming subject to the scheme on 2 April 2025.
How do you apply?
Applications for ETAs are submitted through the UK ETA app, which is available on the Apple App Store and Google Play.
Applicants must use the app to scan the passport that they will be travelling with and will also need to provide a photo of themselves as well as answer some basic personal questions.
Is there a cost for an ETA?
There is a £10 fee for the ETA, and this is paid when the application is submitted.
How long to applications take to process?
The Home Office say that applications should be processed within three working days but can on occasion take longer.
How long are ETAs valid for?
Two years, or to the expiry date of the passport linked to the application, whichever is shorter. There is no limit on how many times a holder travels to the UK during that period, though they cannot stay in the UK for longer than six months at any one time and must not be seen to be making the UK their home through frequent and successive visits.
If an ETA holder obtains a new passport before their ETA expires, they will also need to apply for a new ETA as it cannot be transferred from one passport to another.
Are there any restrictions on what an ETA holder can do whilst in the UK?
Yes, ETA holders remain subject to the same rules as visitors. This means that they are not allowed to work for a UK company or carry out business in a self-employed capacity; they cannot give notice of intention to marry/form a civil partnership or marry or register a civil partnership; a marriage visitor visa is still required.
Is there anyone who should not apply for an ETA?
The rules now confirm that those previously refused a visit visa will be denied an ETA unless they have subsequently been granted a visit visa.
ETAs can also be refused where the applicant has previously had an ETA cancelled, other than on suitability grounds.
Finally, the Home Office will also be able to refuse or cancel an ETA where the applicant has previously overstayed and left the UK voluntarily.
Top Tips
UK based businesses who regularly host business visitors from overseas should consider upcoming travel plans and ensure that all visitors who will require an ETA are made aware of the upcoming changes and apply as soon as they are able to avoid delays and disruption to travel plans. It would also be a good opportunity for businesses to review the purpose of regular visits to ensure they remain consistent with the activities that are permitted for visitors and that a work visa would not be more suitable.
Individuals should also consider their travel plans and if they will be travelling to the UK on a regular basis, or at short notice, ensure that their ETA is in place as soon as possible.
We would suggest that anyone with a complex immigration history or previous visa refusals seeks advice before applying for an ETA. MFMac's specialist immigration solicitors are on hand to advise anyone who has questions about eligibility for an ETA.
This article was written by Senior Associate, Pavan Sumal.
