Employment and pensions

UK's proposed electronic travel authorisation: what you need to know

Published on 9th Mar 2023

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Anyone familiar with travelling to the USA will know that, as with some other nationals, while British nationals do not require a visa to travel for a visit, they must still complete an electronic system for travel authorisation (ESTA) application prior to their visit. This is a prior approval for travel to the country for those who do not require a formal visit visa. While a similar system has been mooted in the UK for a long time, the Nationality and Borders Bill finally confirmed the UK government's intention to implement such a scheme in the UK. Therefore, anyone who wishes to visit the UK, either for business or pleasure, who previously just jumped on a plane, will need to know about these proposals.

If you are uncertain, a full list of the countries whose nationals require visas and so will not be eligible for the UK's electronic travel authorisation (ETA) scheme can be found in the Immigration Rules visa national list.

Whilst this scheme was supposed to launch in January 2023, it was then delayed to "the start of 2023 and fully operational by the end of the year" and now the official site states "by the end of 2024". We therefore do not know precisely when the scheme will launch, but we can expect it to launch at short notice given the original plan was that it would already be operational. It is understood that part of the reason for the delay is due to the EU launching its own scheme, the European travel information and authorisation system, during this same period.

So what do we know about the scheme? The short answer is not very much. As it is expected to operate in a very similar fashion to the US ESTA scheme, we anticipate that it will initially be offered to some nationalities only, and provisionally we are led to believe this will to nationals of Qatar, Kuwait, the UAE, Oman, Bahrain and Saudi Arabia before a second stage involving the roll-out to all other non-visa national countries.  

It will take the form of an online application, requiring various personal and travel details and a payment of a yet unspecified amount. This information will then be checked to ensure an individual can travel to the UK, before receiving a response confirming or denying travel. It is also anticipated the application will be valid for an unlimited number of trips over a two-year period.

Airline carries will be responsible for ensuring individuals have an appropriate ETA prior to travel, and those who do not may face a fine. With the increased digitisation of border control, it is also likely that advanced passenger information will be cross referenced with ETA applications to help identify any travellers who have not sought prior approval via an ETA (or visa where appropriate).

It will therefore be essential for any businesses that regularly have individuals visit them in the UK for business reasons to remain up to date with these changes.

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* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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