TRAVEL // A Guide to The UK ETA Scheme
The UK has introduced the Electronic Travel Authorisation (ETA) scheme, similar to the US ESTA, requiring visitors from visa-exempt countries to obtain approval before travelling. While this adds a minor administrative step for most, it poses challenges for those with criminal convictions or adverse immigration histories, potentially necessitating a complex visitor visa application. In this Expert Guide we share what this means for you and how to prepare.
What is the UK ETA Scheme?
People visiting the UK who do not need to apply for a visitor visa have to obtain an ETA approval before travelling. This includes for example people from the US, the EU (except Ireland)/EEA/Switzerland, Australia and Canada among many other countries. Anyone who holds a UK visa before travelling to the UK will not need an ETA approval.
For most people, applying for an ETA will be nothing more than an extra piece of admin to take care of before travelling. It will be important to be on top of this to avoid impacts to urgent travel.
However, for some people it will cause significant difficulties. In particular where someone has a criminal conviction or an adverse immigration history which may lead to an application for an ETA being unsuccessful.
If the ETA is refused this will mean the person has to apply for a visitor visa. This is likely to be complex and time consuming. It will be important to take advice on the impact of any previous criminal convictions and/or adverse UK immigration history on a visit visa application.
We will keep this page updated when further information and plans for the implementation of the ETA scheme are released. For further information please read our frequently asked questions on the ETA scheme.
Who needs an ETA?
Non-visa nationals who are travelling to the UK without a visa need an ETA.
Non-visa nationals are those who do not require a visa before travelling to the UK as a visitor, in contrast to nationals of the countries on the visa national list. Non-visa nationals include EU/EEA/Swiss, US, Australian and Canadian nationals.
Most non-visa nationals who require an ETA will be entering the UK for 6 months or less as a visitor. Those transiting the UK or entering under the Creative Worker concession without a visa also need an ETA.
Non-visa national children of any age must have their own ETA before travelling to the UK.
The following people do not need an ETA:
British and Irish passport holders
Anyone who has a visa, such as a Skilled Worker visa, or other permission to live in the UK, such as indefinite leave to remain or pre-settled status
Non-visa nationals who are legally resident in Ireland and enter the UK from the Common Travel Area (Ireland, Guernsey, Jersey or the Isle of Man).
What if I travel to the UK without an ETA?
Kingsley Napley have received an informal indication from the Home Office that there will be an ‘implementation period’ – a grace period. It would mean that the person will still be permitted to board the plane and granted entry to the UK. They will be asked by the airline to submit an ETA application while waiting to board and if it is not approved in time they will still be able to board and travel to the UK. The end date of any implementation/grace period is currently unknown. KN do not suggest that anyone seeks to rely on any grace period as it may not materialise and is likely to cause inconvenience when travelling to the UK.
How do you apply for an ETA?
A UK ETA app is available for applicants to use on their smartphone. The app is used to scan the applicant’s biometric passport and take a scan/selfie of their face. The original passport will need to be scanned, not a copy.
Simple questions need to be answered such as name, date of birth, nationality and details of any criminal convictions. You do not need to enter your travel details.
A fee will need to be paid.
The Home Office will then carry out checks related to identity, crime, immigration history and security.
On approval the applicant will receive an email confirming the ETA.
Airlines and the UK’s Border Force officials should be automatically notified that someone has an ETA.
How much does it cost?
£16 per person.
How long does it take to obtain ETA approval?
It normally takes up to 3 working days. In many cases it will be quicker. If further checks are needed it could take longer.
For how long is an ETA valid?
Two years or to the expiry date of the applicant’s passport, whichever is sooner. The ETA is valid for multiple visits to the UK.
When can an ETA request be refused?
The ETA could be refused for a number of reasons including criminality grounds; previously breaching immigration law (such as overstaying a visa, breaching conditions of a previous visa or using deception in a previous visa application); making false representations; having a previous visitor visa application refused (and not subsequently approved); or having an ETA cancelled (without a subsequent visa application being approved).
On criminality grounds, the rules say an ETA must be refused where the applicant:
has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more; or
has been convicted of a criminal offence in the UK or overseas unless more than 12 months have passed since the date of conviction.
What happens if an ETA request is refused?
If the ETA is refused, for example because the applicant has a criminal conviction, they will need to apply for a visa. For most people this will mean applying for a visitor visa.
For some people applying for the visa may solve the issue and mean they can travel to the UK with the visa. As they will have a visa they will then not need an ETA.
But for some people they may still have problems with the visitor visa application and it could be refused. For example, the rules say that a visitor visa application must be refused where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months, unless more than 12 months have passed since the end of the custodial sentence; or
(b) has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record, unless more than 12 months have passed since the date of conviction.
I am applying to become British. Do dual nationals need to apply for an ETA?
People travelling to the UK with a British (or Irish) passport do not need to apply for an ETA. However, some people with more than one nationality will be British but not have a British passport. For example, when someone applies to naturalise as a British citizen and attends their citizenship ceremony, they will be given a certificate of naturalisation and will at that point be a British citizen. Any indefinite leave to remain in the UK they had will have been lost on becoming British. Applying for a first time adult British citizen passport normally takes around 3 – 6 weeks to be completed. If the person travels before they receive their British passport they will not have it to show the airline/carrier and Border Force when travelling back to the UK.
We have asked contacts at the Home Office to confirm to us whether people in this situation, who are British but do not yet have their British passport, will need to apply for an ETA before travelling to the UK. Once the policy on this issue has been clarified we will update this FAQ. In the meantime, we suggest that people obtain their British passport before travelling.
What happens if someone changes their passport?
The ETA will be linked to the passport used in the application. If the applicant changes their passport, they will need to apply for a new ETA.
Are there any issues with the ETA scheme?
Travel delays. Last minute travel will be more difficult for non-visa nationals who do not already have an ETA and need to travel urgently. It is best to apply for the ETA as soon as possible to help avoid this issue.
British citizens who do not yet have a British passport. Where someone naturalises as a British citizen, once they have attended their citizenship ceremony and received their certificate they are a British citizen. First-time adult British passport applications can take up to 10 weeks (albeit are often completed much quicker) and so some people could have an issue when travelling between their citizenship ceremony and receipt of their new British passport. Airlines are very unlikely to accept a certificate of naturalisation as evidence someone is British so a person in this situation will have to apply for an ETA using their non-British passport. This will only apply if their non-British passport is a non-visa national passport. If their non-British passport is a visa national passport they will need a British passport to be able to travel to the UK (or else get a certificate of entitlement to the right of abode).
Visitor visa delays. There is a potentially huge number of people who could be affected by refusal of an ETA (such as on criminality grounds) and the need to then apply for a UK visitor visa. The UK has already been experiencing long backlogs of visa applications and suspensions of priority services because of service standards not being met. World events such as Brexit, the COVID-19 pandemic and the invasion of Ukraine have not helped ease the backlogs but it is unclear how the Home Office will cope with the sheer number of visitor visa applications which could be submitted.
Lack of awareness of the need to apply for an ETA. Some people will inevitably be unaware they need to obtain an ETA before travel, in some cases despite the airline reminding them of the need to do it. In other circumstances it may be more subtle. For example, when a sponsored worker travels after their sponsorship has ended there is often uncertainty in relation to whether their visa has been cancelled before they travel. If they have not obtained sponsorship from another sponsor or changed immigration category, they may need to obtain an ETA before travelling back to the UK as a visitor without a visa.
Is the EU planning a similar scheme?
Yes. It is called the European Travel Information and Authorisation System (ETIAS) and is expected to start in the last quarter of 2026. The exact start date is currently unknown.
It will apply to nationals of non-EU/EEA/Swiss countries who are able to enter the EU visa-free. It will apply to British citizens.
Anyone with a criminal conviction could be refused an ETIAS travel authorisation. Equally, anyone who is being investigated by the police and invited to accept a caution should take advice from our immigration and criminal defence teams as it could affect their ability to apply in the future for ETIAS approval and the ability to travel to the EU. The scope of offences which could lead to ETIAS ineligibility is currently unknown.
In parallel to the ETIAS, the EU is planning to implement an Entry/Exit System (EES) in October 2025 although the full rollout could be later. This new system will for the first time electronically track the number of days spent in 29 European countries. Non-EU national visitors to these countries are allowed to stay for a maximum of 90 days in any 180-day period. If someone exceeds the limit they could be detained, fined and prevented from re-entering the EU. British citizens will not need an ETIAS travel authorisation to travel to Ireland. There is no limit on how long British citizens can stay in Ireland and this will not change.
How can an immigration lawyer help with the UK ETA scheme
Kingsley Napley’s immigration team has specialist experience in obtaining visa approvals where the applicant has criminal convictions and/or a challenging immigration history.
Sometimes they can assist in making representations to the Home Office that a case working error has occurred. Sometimes it may be necessary to formally challenge a decision, including by way of judicial review.
For complex cases with a higher risk of refusal, they will advise you whether a barrister should also be involved in the advice and they have well established relationships with leading counsel.
Even where the Immigration Rules say that in the circumstances an application must be refused on a mandatory basis, they have had success in obtaining approvals of visit visa applications.
Uniquely, they regularly work alongside their market-leading criminal litigation team who can advise in parallel in relation to any ongoing UK criminal proceedings and provide advice and they have good relationships internationally should they need further information about the impact of an overseas conviction.
Examples of how Kingsley Napley can support you with this:
Kingsley Napley assist in all aspects of UK immigration advice related to the ETA scheme, including for example advising on:
Providing strategic advice to individuals on their potential options for entering the UK
How to complete an ETA request
The risks of refusal in an ETA request
The options available if an ETA is refused, including visitor visa applications and the likely risks of refusal
Full assistance with visitor visa applications including advising on the rules, the documentary requirements, the application process and timing
Specialist advice around dealing with criminality issues in visitor visa applications, including how best to mitigate the chances of refusal
Issuing judicial review proceedings against the Home Office
Working with their criminal litigation team in relation to any ongoing UK criminal investigations and criminal law matters
