Here is a fictional character called Don. Don’s extreme scenario below illustrates how the strict requirements of Immigration Rules Appendix Electronic Travel Authorisation could affect you, or a business traveller you know.
Meet Don
Donald (Don) is a 77 year old US national. He is the CEO of a tech start-up. He has a big UK business trip coming up. Huge trip. Don isn’t worried about being denied entry to the UK. Yes, he applied unsuccessfully for a UK visit visa some years ago, on the advice of a colleague. At the time, he was making regular visits for his then-employer, so it was decided (for him) that the best approach was to apply for a UK visit visa to help guarantee his continued entry to the UK, without hassles at the airport.
Unfortunately, Don’s visit visa application was refused as Don did not appear to be a genuine visitor, from his application form. Don did not try to reapply or challenge the decision. He simply reduced the number of trips he made to the UK each year and entered using his US passport (which allowed 6 months entry at a time). Don has visited the UK many times this way.
Don’s ETA plans
Don knows that he needs to apply for an Electronic Travel Authorisation (ETA) from November 2024 to come to the UK next Spring, and it all looks pretty simple…
Don’s ETA (non)-eligibility
How painful, Don finds out from a friend that he is not eligible to apply for an ETA due to his previous UK visit visa refusal. Don checks paragraph ETA 2.9 of the “immigration rules” and sees that, yes, his ETA application would be refused due to his visit visa refusal.
Don does not want to leave things too late, so he quickly applies for a UK visit visa as recommended by his friend, under the standard visitor visa category. He pays an extra £500 priority fee (for a quick decision), although he’d much rather have spent it on a night out in London!
In his haste, Don forgets to mention his UK visa refusal (the failed visit visa application).
Don is horrified to receive a refusal letter from the UK Home Office on his current application.
Don’s 10 year ban
The refusal letter says that Don’s application has been refused due to not disclosing his full UK immigration history (prior refusal). Furthermore, his non-disclosure has been classified as deception, so he is subject to a 10-year ban on reapplying to enter the UK…
Don can’t believe how quickly his immigration matter has spiralled – from a simple no-brainer application to a total disaster – he’s both sad and frustrated.
Don cannot wait until 2034 to return to the UK, so he needs to dig again into his pockets to seek help challenging the decision and overturning his ban.
The reality
If you are a business traveller planning to come to the UK next year, we encourage you to read the guidance on ETAs, in case your plans are affected by the new requirements.
Many people will apply easily for an ETA.
But some people have a more complex immigration history and getting help early could make a big difference in how their journey continues.
You do not need an ETA if you have a UK visa or settled status, a British Overseas Territories Citizen passport or if you are resident in Ireland (and are travelling from Ireland, Jersey, Guernsey or the Isle of Man). You also do not need an ETA if you are a dual British or dual Irish citizen.
Here is some official information from the gov.uk website about ETAs, to get started:
https://www.gov.uk/guidance/apply-for-an-electronic-travel-authorisation-eta
- Follow A Y & J Solicitors to stay up-to-date with key changes.
- Contact A Y & J Solicitors for assistance and support.
For quick reference, here are the lists of nationals who need an ETA, when they need it to travel and how soon they can apply for it:
Nationals who can apply for an ETA now
- Bahrain
- Kuwait
- Oman
- Qatar
- Saudi Arabia
- United Arab Emirates
Nationals who can apply for an ETA from 27 November 2024
And can travel to the UK with an ETA from 8 January 2025.
- Antigua and Barbuda
- Argentina
- Australia
- The Bahamas
- Barbados
- Belize
- Botswana
- Brazil
- Brunei
- Canada
- Chile
- Colombia
- Costa Rica
- Grenada
- Guatemala
- Guyana
- Hong Kong Special Administrative Region (including British national overseas)
- Israel
- Japan
- Kiribati
- Macao Special Administrative Region
- Malaysia
- Maldives
- Marshall Islands
- Mauritius
- Mexico
- Federated States of Micronesia
- Nauru
- New Zealand
- Nicaragua
- Palau
- Panama
- Papua New Guinea
- Paraguay
- Peru
- Samoa
- Seychelles
- Singapore
- Solomon Islands
- South Korea
- St Kitts and Nevis
- St Lucia
- St Vincent and the Grenadines
- Taiwan (if you have a passport issued by Taiwan that includes in it the number of the identification card issued by the competent authority in Taiwan)
- Tonga
- Trinidad and Tobago
- Tuvalu
- United States
- Uruguay
Nationals who can apply for an ETA from 5 March 2025
And can travel to the UK with an ETA from 2 April 2025.
- Andorra
- Austria
- Belgium
- Bulgaria
- Croatia
- Cyprus
- Czechia
- Denmark
- Estonia
- Finland
- France
- Germany
- Greece
- Hungary
- Iceland
- Italy
- Latvia
- Liechtenstein
- Lithuania
- Luxembourg
- Malta
- Monaco
- Netherlands
- Norway
- Poland
- Portugal
- Romania
- San Marino
- Slovakia
- Slovenia
- Spain
- Sweden
- Switzerland
- Vatican City
