Immigration Statement of Changes

September 17, 2024

In line with the UK government's aim to digitise the UK border and immigration system, the Statement of Changes 10 September 2024 has now been published, providing further detail on the extended scope of the Electronic Travel Authorisation (ETA) scheme and key dates confirmed.

ETA scheme - key points

• All non-British and Irish citizens will need permission to enter the UK, either in the form of an ETA or e-visa, in advance of travel.
• From 27 November 2024, eligible non-Europeans can apply for an ETA and will require an ETA to travel from 8 January 2025.
• The scheme will be extended to eligible Europeans from 5 March 2025. Eligible Europeans will need an ETA to travel from 2 April 2025.
• The purpose behind the ETA scheme is to close the current gap in advance permissions and provide further insight into individuals who travel to the UK.
• The first implementation of the ETA system was in November 2023 - a pilot for nationals of Qatar. The ETA scheme was extended, in February 2024, to include nationals of Saudi Arabia, Bahrain, the United Arab Emirates, Kuwait, Oman and Jordan (Jordan was subsequently removed from the scheme).
• ETAs will be digitally linked to an applicant's passports so more robust security checks are conducted prior to travel.
• ETAs apply to nationals who do not require a visa and do not hold any other UK immigration status in the UK.
• Once obtained, an ETA will permit multiple visits to the UK for trips not exceeding six months' duration each time.
• An ETA will be valid for a period of two years or until the holder's passport expires, whichever is sooner.

What activities in the UK are permitted under the ETA scheme?

An ETA will need to be obtained for the following activities:

• trips to the UK for up to six months for tourism, visiting family and friends, business or short-term study;
• trips to the UK for up to three months on the Creative Worker visa concession;
• trips to the UK for a permitted paid engagement; and
• transiting through the UK - including if the holder is not going through UK border control.

For those travelling for any purpose which exceeds the scope of the above, alternative UK immigration permission may be required.

What activities are prohibited in the UK under the ETA scheme?

Under the ETA scheme, individuals cannot:

• stay in the UK for longer than six months;
• do paid or unpaid work for a UK company or as a self-employed person, unless they are doing a permitted paid engagement, event or work on the Creative Worker visa concession;
• claim public funds (benefits);
• live in the UK through frequent or successive visits; and
• marry or register a civil partnership or give notice of marriage or civil partnership.

Applying under the ETA scheme

• Guidance on applying under the ETA scheme can be found here.
• It will cost £10 per applicant to apply under the ETA scheme.
• Where required, each individual, including babies and children, will need to apply separately under the ETA scheme.
• The processing time will be approximately three working days, subject to volume.

Additional considerations

Obtaining permission under the ETA scheme does not guarantee entry to the UK. If a UK Immigration Officer does not consider an individual's activity in the UK to be within the permitted scope, they have discretion to refuse entry to the UK at the border.

The Statement of Changes 10 September 2024 confirms that the ETA suitability criteria are being expanded to include two additional suitability grounds, namely:

• Applicants who have previously been refused a visit visa or permission to enter as a visitor will be refused an ETA, unless a visit visa has been granted subsequent to the refusal or a valid permission was held and not cancelled as a result of the refusal.
  
  Should an applicant not meet the above suitability ground, they would need to apply for alternative UK immigration permission to allow the Home Office to undertake a thorough consideration of their application.
• Secondly, applicants who have historically had an ETA cancelled and have been refused entry at the border will not be eligible for an ETA. These individuals will instead be directed to apply for a visa.

As permission under the ETA scheme is digitally linked to the passport used at the time of application, should ETA holders subsequently renew their passports, they will need to obtain a new ETA.

Conclusion

The UK's expansion of the ETA scheme is in line with the approach many other countries have taken to border security, including the EU, US and Australia.

It is crucial that all individuals wishing to travel to the UK, who are not British and Irish citizens, are aware of the key dates from which they are eligible and required to apply for an ETA prior to travelling to the UK.