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Home / In Brief / The Electronic Travel Authorisation Scheme

22 October 2024

The Electronic Travel Authorisation Scheme

Colin Senez

On 10 September 2024, the UK Government published a Statement of Changes to the Immigration Rules confirming the global expansion of the UK Electronic Travel Authorisation scheme for non-visa nationals travelling to the UK as visitors (the ETA scheme).

Almost all visitors to the UK will have to use the ETA scheme, expanding beyond those nationals from Qatar, Bahrain, Kuwait, Oman, UAE, and Saudi Arabia who are currently required to obtain an ETA to visit the UK.

Applicable countries

From 8 January 2025 and 2 April 2025, key changes will bring most European and non-European nationals under the ETA scheme’s purview, representing a significant development in UK border control procedures.

Below is a list of locations, including countries and associated territories, whose nationals will be required to obtain an ETA from 2025:

Travelling 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 Special Administrative Region (including British National (Overseas)), Israel, Japan, Kiribati, Macao Special Administrative Region, 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 (only those who hold a passport issued by Taiwan that includes in it the number 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 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 and Vatican City.

The Evolution of UK Border Control

A form of Electronic Travel Authorisation is not new to the UK. The scheme was introduced in March 2023 as part of the Nationality and Borders Act 2022 legislation. It replaced the Electronic Visa Waiver scheme previously available for nationals of Gulf Corporation Council countries. The scheme was opened to Qatari visitors in 2023 and expanded in early 2024 to include visitors from Bahrain, Kuwait, Oman, Saudi Arabia, Jordan, and the UAE. The now global expansion of the ETA scheme forms part of the Government’s vision for a modern UK border.

Key Dates

The expansion of ETA scheme will be rolled out in phases and the key dates are as follows:

  • From 27 November 2024: Non-EU nationals from the eligible countries listed in paragraph (a) above can apply for an ETA if they are travelling to the UK on or after 8 January 2025.
  • From 5 March 2025: Eligible EU nationals from the f countries listed in paragraph (b) above can apply for an ETA if they are travelling to the UK on or after 2 April 2025.

Scope and Applicability

An ETA will be required by all visitors, including babies and children, who are non-visa nationals[1]. Once granted, the ETA will be digitally linked to the applicant’s passport. To ensure smooth entrance to the UK, visitors should plan their ETA application well in advance of travel as it typically takes up to 3 days to process, although this may vary. The ETA is valid for up to 6 months per entry, as per UK visitor rules, with an overall validity of 2 years or until the holder’s passport expires, whichever is earlier.

New Suitability Requirements

The expansion of the ETA scheme also introduces a number of new grounds for refusal on the basis of suitability, which may affect eligibility, if:

  • an applicant has previously had an ETA cancelled for reasons unrelated to suitability, or
  • an applicant has had prior refusal of entry as a visitor, unless subsequently entry to the UK has been granted, or
  • an applicant has previously overstayed and left the UK voluntarily.

These new powers sit alongside existing grounds for which an application for an ETA must be assessed. These include refusal on the basis of criminality, non-conducive grounds, unpaid litigation costs, false representations, previous breaches of immigration law and involvement in war crimes, terrorism, and extremism.

If an application for an ETA is refused, the applicant should seek legal advice.

What needs to be done now?

In light of these changes, travellers should be aware of the following points:

  1. it is essential to stay informed about the implementation dates relevant to their nationality. As these dates vary depending on nationality, being aware of them will help a traveller plan accordingly
  2. processing times may fluctuate. We recommend submitting applications well in advance of travel dates. Additionally, a traveller should ensure that their passport remains valid throughout their stay
  3. compliance with the conditions attached to the ETA scheme is crucial, as failure to do so may impact a traveller’s future immigration position. If you have encountered issues with UK entry in the past, it is recommended that you seek advice, and
  4. it is essential to ensure that any planned activities in the UK are in line with those allowed under the UK’s visitor rules. Any concern regarding those plans, or debate about their validity, should be considered carefully.

[1] This is a person that does not usually need a visa to visit the UK, provided their duration of stay in the UK does not exceed 6 months and the purpose of their stay falls within any of the activities permissible under visitor rules. It is important to note that those who hold valid entry clearance permissions or leave to remain beyond being able to visit the UK are exempt from the need to hold an ETA.

Colin Senez

Partner
Head of Immigration

+44 (0)20 7786 8681 colin.senez@mtgllp.com Download vCard↓

Colin Senez is a Partner in Maurice Turnor Gardner’s Private Wealth department.

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