The Electronic Travel Authorisation Scheme – New Update Oct 2024
The Electronic Travel Authorisation Scheme – update
Sometime last year we warned you that the electronic travel authorisation scheme (ETA) – under which non-visa nationals will require an additional application/authority to visit the UK – was coming, but at this time we did not have full details. Now we do have full details, and the rules have now been published by the Home Office.
Non-visa nationals are nationals of those countries who do not need visas to come to the UK as visitors; so, for example, Americans, Japanese, Malaysians, Brazilians – and there are many others. Correspondingly, those are do require visas are called “visa nationals”.
There are in fact two different ETA schemes: one scheme for non-visa nationals as referred to above and another, smaller, scheme for nationals of various Arabic countries (Qatar, Bahrain, Kuwait, Oman, United Arab Emirates and Saudi Arabia), who are visa nationals. The latter scheme has already come into effect but the scheme for non-visa nationals will not start to come into effect until January 2025 – but of course forewarned is forearmed.
The ETA application is an online application and costs £10. In line with the general immigration scheme for Irish nationals they will not require any ETA to visit the UK, but all other non-visa nationals will. It is very important to understand that this scheme will only substantially exist for visits; other immigration routes – with very limited exceptions – will still require visas as usual.
The rules for the ETA are fairly complex and to say the least rather strict. One of the rather strange-sounding rules is that a migrant who is refused an ETA can apply for a visitor visa instead; we are not sure how this would work and we wonder what would be the chances of success.
And a migrant with serious adverse history is likely to be refused: ie somebody with certain criminal convictions, somebody who is subject to a Deportation Order or Exclusion Order, or, more vaguely, somebody whereby the Home Secretary has “personally directed” that they be excluded from the UK or their presence in the UK is not deemed to be (presumably also by the Home Secretary) “conducive to the public good”.
These provisions – which reflect rules in other parts of UK immigration law – are perhaps not surprising, but it goes a lot deeper than this. Previous overstaying or previous breach of immigration conditions can be grounds for refusal, as can having previously been an illegal entrant or previously having employed deception in an application. And in some cases a previous refusal of leave to enter as a visitor can be grounds for refusal.
As we said, this scheme looks complex and onerous. If you would like advice about it we at GSN Immigration will do our best to help you.
Oliver Westmoreland
Senior Immigration Lawyer