An ETA gives you permission to travel to the UK, providing digital evidence of pre-arrival clearance similar to those already in place in Australia, Canada, New Zealand and the USA. It does not constitute a visa or immigration permission.

All international travellers including non-visa nationals will need permission in advance to enter or transit through the UK with the exception of:

• British nationals
• Irish nationals
• Individuals already holding a UK visa
• Persons legally resident in Ireland who do not need a visa to visit the UK, if entering the UK from Ireland, Guernsey, Jersey and the Isle of Man.

Timing

The ETA has already been rolled out to Gulf Corporation Council visits and is now expected to open to eligible non-European visitors from 8 January 2025. Eligible European nationals will be able to apply for the ETA from 5 March 2025, with a mandatory requirement from 2 April 2025.

Why is the UK government introducing the ETA scheme?

At present, non-visa nationals do not require pre-clearance for short stays or transit through the UK and advance passenger information is restricted to that provided by carriers from flight date. This means that UK border control and law enforcement authorities have little information and time to assess whether a risk is posed in advance of an individual arriving in the UK. The ETA is intended to provide the UK with an opportunity to pre-assess whether a traveller presents a security or other risk, reduce queuing times on arrival and improve the arrival experience to the UK. The EU is due to implement a similar scheme called European Travel Information and Authorisation Scheme (ETIAS) in 2024 (deferred from November 2023) which will operate in a similar way to the ETA and will require UK citizens not holding a visa issued by an EU Member State to hold valid clearance prior to travel into the Schengen Area.

Applying for an ETA

The procedure is promised to be simple and fast. Applicants (including children) will need to apply by either using the UK ETA app, or by completing an online application form. Applicants will need to provide their personal details, passport information, travel itinerary, email address and answers to questions about criminal offences and immigration history. It is intended that applicants will eventually provide fingerprints remotely through the use of an app. The Home Office have been running feasibility trials of fingerprint self-upload technology. This information will be checked against Home Office systems and international security data to determine whether the individual is cleared for visa-free travel to the UK. The ETA application fee will cost £10 per applicant (the Government intend to increase this fee to £16. There is no date confirmed yet and it will need to go through parliamentary approval first).

Individuals will receive notification of ETA approval by way of email. It is advisable for travellers to carry a print out of this email with them when travelling to the UK. The ETA itself is not a physical document but will be electronically linked to the passport they applied with and this passport must be used for travel into the UK. ETA holders are expected to use the ePassport gates (if eligible) or see a Border Force officer when arriving in the UK.

An ETA will last for two years and can be used for multiple visits to the UK. If an individual renews their passport before their ETA expires, they will need to apply for a new ETA.

When to apply?

Applications will need to be submitted with sufficient time to present the ETA approval to their carrier before travelling to the UK. Decisions will typically be made within three working days of submission however decisions may take slightly longer if further checks are required. Travellers are advised to apply earlier if possible and not to book travel until the ETA has been approved.

What will happen if ETA approval is not secured before travelling to the UK?

All Airlines and travel carriers will be under an obligation to ensure they have checked a traveller’s ETA prior to departure to the UK. Individuals requiring an ETA who travel without one may face a penalty charge and delays on arrival at the UK border.

It will also be a criminal offence to knowingly arrive to the UK without an ETA if one is required.

What happens if an ETA is denied?

The Immigration Rules require that ETA must be refused where the applicant has previously been sentenced to imprisonment for more than 12 months, been convicted of a criminal offence within the previous 12 months, breached UK Immigration Rules in the past, or has other adverse character, conduct or associations, among other reasons.

If an ETA is refused, the individual will need to apply for either a standard visitor visa to visit the UK, a Temporary Work – Creative Worker visa to come to the UK as a creative worker, or a Transit visa, to transit through the UK. We would expect the Home Office to set out the reasons for refusal in writing, and these should be taken into account when preparing a visitor visa application.

For further information please contact our UK Immigration team, or your usual Forsters contact.

UPDATE: The Government have stated that migrants should keep their expired BRP cards and that they may be able to use their expired BRP cards to travel to the UK until 31 March 2025 if both: their BRP expired on or after 31 December 2024, and if they still have permission to stay in the UK.

Biometric Residence Permits (‘BRP’) will expire at the end of the year. Understand what urgent action is required before 31 December 2024.

If your BRP expires on or before 31st December 2024, you don’t need to make an application for a BRP renewal of your physical card. Instead, you must register for a UK Visas and Immigration (‘UKVI’) account on the Home Office website before the end of the year, to access your eVisa. Failure to do so will create complications when trying to re-enter the UK in the new year.

If you hold a BRP card and have an eVisa you are not required to create a UKVI account and no further action is required.

Why is this happening?

The UK government is developing a fully digital Border and Immigration system. The Home Office is phasing out physical immigration documents including BRP cards by the end of 2024 and replacing this with an online records system in the form of eVisas.

What is an eVisa?

An eVisa is an online record of your immigration status and the conditions of your permission to enter or stay in the UK. In the future you’ll be able to use an eVisa to travel to the UK – you will not need to carry a physical document, except for your current passport, which must be registered to your UKVI account. Until the end of 2024 you will still need to carry your physical document when you travel, if you have one.

How do I access my eVisa?

You will need to create a UKVI account online to be able to access your eVisa. Updating your physical document to an eVisa does not affect your immigration status or conditions of your permission to enter or stay in the UK. There is no charge to create a UKVI account.

What happens when I create a UKVI account?

By registering for a UKVI account, you will be able to access an eVisa to prove your immigration status with a share code through the Home Office’s ‘View and Prove’ service. This share code will allow you to prove your right to work to an employer and your right to rent to a landlord. The share code can also be issued for other purposes, such as proving your right to study to educational institutions. These share codes can be used prior to the expiry of your physical BRP.

It is important to be aware that that individuals should still travel with their physical travel documents and visas until 31 December 2024.

How do I register for a UKVI account?

All existing Biometric Residence card holders must create an online UKVI account by 31 December 2024. To create a UKVI account, please follow the the link here.

What do I need to register for a UKVI account?

To create a UKVI account and access your eVisa, you will need:

• • Your date of birth

• • Your BRP number or Unique Application Number (UAN)

• • Your passport (if you do not have a BRP)

• • Access to an email address and mobile phone number

• • Access to a smart phone

Once you have created your UKVI account you will be able to view the details of your eVisa online, for example your type of permission, when it expires and your conditions of stay. You will also be able to update your personal details and register your passport in your UKVI account so that you can easily travel to and from the UK.

How we can help?

We can help you set up your UKVI account and access your eVisa ahead of the impending deadline or answer any queries you may have. Please do contact our Immigration team or your usual Forsters contact for assistance as soon as possible.