The UK Electronic Travel Authorisation (ETA) scheme
Our Approach
The new Electronic Travel Authorisation (ETA) scheme is the UK’s equivalent to the US ESTA.
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.
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Our Expertise
How we can help
How can an immigration lawyer help with the UK ETA scheme
Our immigration team has specialist experience in obtaining visa approvals where the applicant has criminal convictions and/or a challenging immigration history.
Sometimes we 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, we will advise you whether a barrister should also be involved in the advice and we 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, we have had success in obtaining approvals of visit visa applications.
Uniquely, we regularly work alongside our market-leading criminal litigation team who can advise in parallel in relation to any ongoing UK criminal proceedings and provide advice and we have good relationships internationally should we need further information about the impact of an overseas conviction.
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.
We will be placing further information about the ETIAS on this website as and when it is released.
Examples of our work
We 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 our criminal litigation team in relation to any ongoing UK criminal investigations and criminal law matters
The scheme raises a number of questions for UK employers and for individuals around the world. We set out here some answers to the common questions.
Please note that the questions and answers on this page are for general information only and must not be used as a substitute for legal advice. You should always take legal advice which is tailored to your specific circumstances. Contact a member of the immigration team for more information.
What is the UK’s ETA scheme?
The UK’s ETA scheme requires some people to apply in advance for a digital permission to travel to the UK.
It is similar to the US’s ESTA (Electronic System for Travel Authorization) and similar schemes in Australia, New Zealand and Canada.
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?
The Home Office says that from 25 February 2026 the need for an ETA will be strictly enforced. From that date, people without an ETA will not be able to board their flight or travel to the UK.
Before that date, travellers should also obtain an ETA to avoid potential issues when boarding flights and entering the UK – as some people have had difficulties.
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?
£20 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.
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 a British citizen with dual nationality. I don’t have a British passport. Can I travel to the UK with an ETA linked to my foreign passport?
British and Irish citizens cannot apply for an ETA. In practice, many British citizens with dual nationality have applied for and been granted an ETA linked to their foreign passport, but the Home Office’s position is that this is not allowed and the application process may be changed to prevent it.
The requirement to travel with either a British passport or a certificate of entitlement is a problem for people who travel frequently. For instance, when someone has applied for naturalisation as a British citizen attends a citizenship ceremony they are given a certificate of naturalisation and at that point they become a British citizen, but they are not given a British passport. The passport application has to be made separately. An application for a first adult British citizen passport normally takes around 3 weeks to be processed and as part of that process you have to send any uncancelled foreign passports you hold to HM Passport Office. The alternative is to apply for a certificate of entitlement, but this can take up to 8 weeks.
In our experience the Home Office visa and nationality systems are not fully integrated, which has meant that when a foreign national with indefinite leave to remain (ILR) becomes a British citizen the ILR eVisa linked to their foreign passport is not cancelled. Legally the eVisa is invalid because British citizens have the right of abode and cannot hold ILR or any kind of visa, but in practice the system used by Border Force still shows them as having ILR so until now they have had no trouble entering the UK with their foreign passport. However, the Home Office plans to change this so that eVisas are cancelled when someone becomes a British citizen, and presumably that could also apply to existing British citizens. There is no way of knowing when this will happen. As a result, it is risky for a British citizen to try to enter the UK on the basis of an eVisa linked to a foreign passport – because the eVisa may have been cancelled. Instead they should apply for a British passport or a certificate of entitlement as explained above.
If you have an expired British passport it may be possible to travel to the UK with that passport and a valid ETA-eligible foreign passport, but according to the Home Office temporary guidance this is at the discretion of the airline so you should not count on being able to do this.
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.
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 we stay up to date on the ETA scheme developments?
Our ETA webpage has further information and blogs.
