This session was held on 30-01-2024
As part of the government’s plans to strengthen and digitise the UK border, the UK government has launched an Electronic Travel Authorisation (ETA) scheme.
In this session we were joined by UK Government Home Office officials who gave an overview of the scheme, who it impacts, how it works, followed by questions and answers.
Once fully implemented, the ETA scheme will apply to visitors to the UK who do not need a visa for stays of less than six months, or who do not have a valid UK immigration status prior to travelling. ETAs will also be required by those seeking entry under the Tier 5 creative worker concession in advance of their travel to the UK.
Questions asked in the session via chat function or raised hand.
Q: If I am coming to the UK via Permitted Paid Engagement; Permit Free Festival or Creative Worker Visa (concessionary route) and therefore being paid for working in the UK, e.g., touring - do I still need to apply for an ETA.
A: If you are a non-visa national who is coming to the UK via Permitted Paid Engagement, the Permit Free Festival list, or the Creative Worker visa Concession, you will still need to apply for an ETA to travel to the UK, once the scheme is introduced to your nationality.
Q: There is concern that when international artists mention they are coming to the UK for work (e.g., for Permitted Paid engagement/Permit Free Festivals or Creative Worker concessionary routes) in the ETA application they will automatically be refused an ETA – is that the case?
A: Purpose for travel does not form part of the decision-making process on an application, nor does the ETA application capture details on the applicant’s purpose for travel.
The application itself is quick, light-touch and online, individuals will need to provide biographic and biometric data, and answer a short set of suitability questions, which will allow security checks to be conducted. This will enable more informed decisions to be made at an earlier stage on whether individuals should be allowed to travel to the UK.
An ETA application will only be refused where the applicant does not meet the suitability requirements set out in Immigration Rules - Immigration Rules Appendix Electronic Travel Authorisation - Guidance - GOV.UK (www.gov.uk).
If granted, an ETA will be valid for multiple trips over the ETA validity period, which is 2-years, or until the expiry date of the passport used to apply if sooner.
An ETA is permission to travel and does not confer leave to enter. Permission to enter the UK will still need to be granted on arrival, either by a Border Force Officer or, where eligible to use them, by passing through an e-gate.
You must meet the conditions of the route you are seeking to enter the UK by (e.g., permitted paid engagement or Creative Worker concession), including the requirement to have an ETA for travel once the scheme is fully rolled out.
Q: How will it work for EU citizens with a UK settled status? I understand they don’t need to apply for an ETA, but how will the system know their status?
A: Those who already hold a valid UK immigration status such as EUSS are not required to obtain an ETA, their EUSS status will be their ‘permission to travel.’
The effective operation of universal ‘permission to travel’ (including the ETA scheme) will require carriers to check and confirm individuals’ permissions prior to travel.
Carriers will provide API (Advance Passenger Information) to the Home Office and, in turn, receive confirmation from the Home Office that every individual has permission and may be carried to the UK; does not have permission and may not be carried, or that their permission needs to be determined by the carrier.
For those with pre-settled or settled status under EUSS, Home Office records will confirm to the carrier where a permission is held.
Q: If you have settled status in the UK under the EU settled status scheme, but you’re worried the system won’t recognise you should you also apply for an ETA just in case?
A: Those who already hold a valid UK immigration status such as EUSS or ILR are not required to obtain an ETA, their EUSS status will be their ‘permission to travel’.
The update my details (UMD) service is an online service available to EUSS (and other) applicants who have been granted status and have a UKVI account, which enables them to update their personal details, such as their name, and nationality. This service also allows individuals to update their sign in details and identity documents, such as a passport, identity card or travel document- Update your UK Visas and Immigration account details: Overview - GOV.UK (www.gov.uk).
Individuals must ensure they update their online status with all valid travel documents (such as passports or national identity cards) that they hold and intend to use for travel to avoid disruption to boarding and unnecessary delays at the border.
Q: Will the system be fully rolled out by the end of 2024 for all nationalities or is it expected to take longer? Just in terms of advising artists who are coming in the next 12 - 18 months.
A: Qatari nationals seeking to visit the UK must now obtain an ETA. Bahrain, Jordan, Kuwait, Oman, the United Arab Emirates and Saudi Arabia will be the next nationalities onboarded onto the ETA scheme and can apply from 1st February 2024.
The ETA scheme will continue to be gradually rolled out to additional non-visa nationalities throughout 2024.
We will provide further details about the ETA rollout schedule to other nationalities in due course and will provide ample notice to allow travellers to prepare for this change.
Q: I don’t have a surname on my passport (just one legal name) …since online forms require a surname as a compulsory field what should I put in that field so my ETA can be processed automatically?
A: The ETA application process has been designed with worldwide naming conventions in mind and recognises that some people will not always have a legal given name and surname.
When you apply for an ETA, you will need to take a photo of the details in your passport. We will read your name as it appears in the machine-readable zone (MRZ) of your passport. This works for people with just one legal name. If the automatic read is incorrect, and you need to edit your one legal name, then enter it in the surname field.
For Information: To help with the application process, the Home Office has created a step-by-step Instructional video with input from members of the Home Office Advisory Groups, this is available via GOV.UK.
Those who encounter any issues with the application process can complete a webform on GOV.UK form for support.
Q: If I’m a Visa / non Visa national legally resident in ROI, will I need an ETA to travel to NI?
A: The travel requirements for visa nationals have not changed. If your nationality ordinarily requires a visa to visit the UK, you will still need to apply for a visa before you travel to the UK, which includes Northern Ireland. You should check the travel requirements for your nationality and whether you need a visa to come to the UK here: Check if you need a UK visa - GOV.UK (www.gov.uk)
The ETA scheme applies to non-visa nationals visiting or transiting the UK, who do not have a valid UK immigration status prior to travelling.
However, non-visa nationals who are legally resident in Ireland are exempt from the ETA requirement when travelling to the UK from elsewhere within the Common Travel Area (CTA).
In order to benefit from the exemption for travel from within the CTA, residents will be required to use physical evidence which demonstrates that they are legally resident in Ireland. The Home Office has published guidance on acceptable physical evidence: Electronic travel authorisation: Irish resident exemption (accessible) - GOV.UK (www.gov.uk).
If travelling to the UK from outside of the CTA, an ETA will be required by a non-visa national lawfully resident in Ireland.
Q: If I’m a tourist visitor (i.e., not legally resident in ROI) but travelling from ROI to NI will I need an ETA even if there are no physical land border checks?
A: The UK Government remains committed to the Belfast (Good Friday) Agreement and in support of this ensuring there is no hard border between Northern Ireland and Ireland.
As now, the UK will not operate routine immigration controls on journeys from within the CTA, with no immigration controls whatsoever on the Ireland-Northern Ireland land border.
However, as is currently the case, individuals arriving in the UK, including those crossing the land border into Northern Ireland, will need to continue to enter in line with the UK’s immigration framework, including the requirement to obtain an ETA.
Visa nationals are already required to obtain a visa for the UK when travelling via Ireland, in order to lawfully enter the UK. This is a well-established requirement, and we are simply extending this same principle to individuals requiring an ETA.
Once a nationality has been onboarded onto the ETA scheme, nationals of this country must obtain an ETA when visiting the UK, including when entering the UK by crossing the land border into Northern Ireland via Ireland.
Q: Could you clarify how long an artist from Europe could travel to the UK on an ETA? I’m specifically looking for context on artist residencies - i.e. what route would an artist take if they were coming to the UK for three months for an artist residency that they’re being paid for?
A: Artists are able to use the Temporary Work – Creative Worker route if they have a certificate of sponsorship from a registered sponsor. If they are coming for up to three months, they can use the Creative Worker visa concession and are not required to apply for a visa prior to coming to the UK if they are a non-visa national and have an ETA.
If they are wanting to come for longer than three months, they can apply for a visa prior to travelling to the UK. Further information can be found here: https://www.gov.uk/creative-worker-visa.
Q: Since leaving the EU, processing times for documentation relating to cross border administration, e.g., visa’s A1 forms. The presentation notes a 3-day turnaround for an ETA application, how achievable is this?
A: Applicants will usually get a decision within 3 working days: with many customers receiving a quicker result.
The application decision can take longer if we need to make further checks.
Q: The presentation states if your application has been refused you do not have a right to appeal and must apply for the appropriate visa instead. Are you given the rationale for refusal, and at which point are you able to reapply?
A: If refused, the applicant will receive a written notice which will give the reasons for refusal.
Those who are deemed unsuitable for an ETA can still apply for a visit visa requiring a more thorough consideration of their circumstances, should they still wish to travel to the UK.
There is no right of appeal or administrative review against a decision to refuse an ETA.