New UK pre-travel authorisation scheme:  Major change for visitors to the UK

International travel to the UK has been subject to a number of disruptions over the last few years as the country navigated the Covid-19 pandemic, Brexit, and the Ukraine refugee crisis. With the roll out of the Electronic Travel Authorisation (ETA) scheme, the administration of travel to the UK is about to change in a fundamental way.

ETA will apply to non-visa nationals – meaning those who don’t currently require visas to come to the UK as visitors. The ETA programme will require these visitors to apply in advance for digital permission to travel to the UK. This is similar to the Electronic System for Travel Authorisation (ESTA) in the United States, and similar schemes in Australia, New Zealand and Canada.

ETA won’t apply to British or Irish passport holders, individuals with a visa, or non-visa nationals who are legally resident in Ireland and therefore are able enter the UK from the Common Travel Area.

The application is made via the UK ETA smartphone app. Applicants scan their biometric passport, take a selfie and complete a questionnaire with personal details, previous immigration history, and criminal convictions. There will be a GBP 10 fee for the application.

The Home Office will carry out checks on identity, criminal background, and immigration history. Decisions should be made within three working days but if further checks are required it may take longer. Would-be visitors are advised to submit their applications with plenty of notice of a planned trip.

The ETA is valid for two years (or until the expiry of the applicant’s passport, whichever is sooner). Airline carriers and UK Border Force officials should be automatically notified that someone has an ETA.

While this represents a real change to UK travel, for most people this will be a simple additional administrative hurdle. The real challenge will be for those with a criminal record or who have any complexity in their UK immigration history. They may not be eligible for ETA and instead will have to face the significantly more complex, expensive, and time-consuming process of applying for a visitor visa.

The ETA programme is being rolled out in stages. It was rolled out to Qatari nationals in October 2023, and in February 2024 the scheme was rolled out to an additional six countries. The UK intends to roll out ETA to all non-visa nationals by the end of 2024, with the biggest impact expected when the US and the EU become eligible.

In 2022, there were over 31 million visits to the UK by overseas residents. A large proportion of these visitors is likely to have enjoyed visa free travel and will fall within the scope of the ETA. Even if a very small percentage of visitors experiences challenges with the ETA scheme due to adverse criminal or immigration issues, there will still be a large number of people for whom travel to the UK is about to become significantly more complex.

If anyone is concerned about how the new scheme may impact them, it is recommended they seek advice as early as possible so they can plan for any visa applications or obstacles to their anticipated trip.

Katie is a Partner in the immigration team and has over 10 years' experience across a wide spectrum of UK immigration matters, with particular expertise in applications made under Tier 1 of the Points Based System and complex personal immigration matters.