Emily Heinrich

Electronic Travel Authorisation – Who needs one and how to apply

21st March 2025 By Emily Heinrich

The UK is close to completing its rollout of the Electronic Travel Authorisation (ETA) scheme. Applying for an ETA before coming to the UK is compulsory for the nationals of 52 countries already and it will be required for a further 32 countries for arrivals from 2 April 2025.

Who needs an ETA?
It is perhaps easiest to list who does not need to apply for an ETA before travelling to the UK. The Home Office has confirmed that the below categories of individuals do not need this permission:

British citizens, including those who hold Certificates of Entitlement
Irish citizens
Holders of British overseas territories citizen passports or British National (Overseas) passports
People who already hold (or need) a visa to travel to the UK as a visitor
People who already hold immigration permission to live, work and/or study in the UK
Those deemed exempt from immigration control, e.g. due to their work for an international organisation, certain diplomats and Heads of State
Individuals transiting through a UK airport, who will not pass through UK border control
People who live in Ireland and are travelling in to the UK from Ireland, Guernsey, Jersey or the Isle of Man
Children travelling as part of a France-UK school trip (who instead need a travel information form)

For individuals who already need a visa to travel to the UK as a visitor (also known as ‘visa nationals’), they will still need to apply for a Standard Visitor visa in advance. They will not additionally need to apply for an ETA.

The Home Office have published a list of the countries who already require an ETA, which can be found here. For nationals of European countries, they can apply for an ETA from now onwards but will only need one to arrive in the UK from 2 April onwards.

What can you do whilst in the UK with an ETA?

Once in the UK after arriving with an ETA, the individual is subject to the same restrictions as those who apply for Standard Visitor visas in advance. They are allowed to spend up to six months in the UK for the purposes of tourism, visiting family and friends, short-term study and some (limited) business matters, such as attending meetings and site-visits.

ETA holders may spend up to three months in the UK under the Creative Worker visa concession and they may also undertake a Permitted Paid Engagement, within the first 30 days of their arrival.

What is not permitted whilst in the UK with an ETA?

As with Standard Visitor visa holders, individuals in the UK with an ETA are not permitted to do paid on unpaid work in the UK (for a UK organisation or as a self-employed person) unless it falls within the Creative Worker and Permitted Paid Engagement exceptions.

Although an ETA is valid for two years, each trip must not be more than six months in total and individuals must be cautious that they are not living in the UK through frequent and/or successive visits.

ETA holders should also not get married in the UK and must not claim public funds (benefits). They are not eligible to use the NHS during their visit, except for emergency treatments.

What is the application process for an ETA?

There is currently a £10 application fee for an ETA and the Home Office have announced that they intend to increase this to £16 in the future.

The easiest way to apply is using the Home Office’s new “UK ETA” app. You will complete a short application form and need to provide photos of your travel document (passport) and face as part of the application.

If you are not able to use the app, for example because you do not have a suitable smart phone, an alternative online form is available.

A decision can be expected within three working days and many people receive one much quicker than this. For complicated applications, including those who need to declare previous criminality issues, a response may take longer.

What if my ETA application is refused?

ETA applications can be ‘rejected’ or ‘refused’. If the application is rejected, this is usually due to a mistake with the application; the Home Office will tell you what was incorrect and you will be able to apply again, e.g. the photograph did not meet their requirements.

If your ETA application is refused, you cannot appeal the decision. The Home Office should explain why your application has been refused in the decision email and your options will depend on whether you are eligible to instead apply for a visa to travel to the UK. An ETA might be refused because of previous immigration issues or criminal convictions, for example.

If you require advice or assistance with an ETA application or need advice on other immigration options in the UK, we would be happy to help. Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

Important update for BRP holders

13th August 2024 By Emily Heinrich

Further to our article on the upcoming changes, UK Visas & Immigration (UKVI) have now opened applications for eVisas to all those holding a Biometric Residence Permit (BRP).

As part of UKVI’s plans to move to a digital immigration system by the end of 2024, they are requiring all those with a BRP to switch to an eVisa before their current cards expire on 31 December 2024. You no longer need to wait for an invitation to set up your UKVI account and link it to your existing immigration status.

What is the process for applying for an eVisa?

Full details on the process can be found here and it requires three steps:

1 Setting up your UKVI account

2 Verifying your identity via the UK Immigration: ID check app

3 Applying to link your current immigration status to your eVisa profile, on your UKVI account

How can I prove my status once I have an eVisa?

UKVI has confirmed that individuals will not receive a new physical document.

Going forwards, those with a UKVI account and linked eVisa will be able to demonstrate their immigration status electronically only. To prove your right to work, for example, you will be able to provide an employer with a share code, by following the instructions at this link.

What if I need assistance with my eVisa application?

UKVI has set up a support service for individuals who are not confident using a computer or mobile device; do not have access to the internet; or do not have access to a suitable device. More information on this can be found here.

We welcome enquiries from our previous clients, if they have any concerns about their status or correct expiry date. Please also get in touch if you would like our support with the application process, and we can provide details on our fees.

The move to eVisas: What if you have a paper document?

9th May 2024 By Emily Heinrich

31 December 2024 has long been in the minds of immigration practitioners and Biometric Residence Permit (BRP) holders. We have known that all cards would expire on this date and that, sometime in 2024, action would need to be taken to ensure BRP holders could continue to demonstrate their lawful residence in the UK from 1 January 2025. We have since learnt that all those with BRPs will be moved to ‘eVisas’, with invites due to roll out this year to set up online UKVI accounts. They will not receive new physical evidence of their status, which is perhaps a topic for another blog!

A group of individuals who may have little warning that they will also be impacted are those whose proof of their immigration status is on a paper document. Examples of this are wet ink immigration stamps showing ‘indefinite leave to enter’ and vignette stickers in (often expired) passports confirming the holder has ‘indefinite leave to remain’. It was already commonly understood that BRPs would be replaced with digital status – we now have confirmation that all documents will be.

In a recent update to the gov.uk webpage on Online immigration status (eVisas), the Home Office confirmed that those with indefinite leave evidenced by physical documents “should make a ‘No Time Limit’ (NTL) application” in order to first get a BRP and then, later this year, be able to create a UKVI account.

What is an NTL application?

An NTL application is only available for those who hold indefinite leave to enter or remain (also known as ‘settlement’) – i.e. individuals with no time limit on their stay in the UK. It can be made by those who hold immigration status on a physical (paper) document to apply for a BRP. (It can also be used to apply for a new BRP if your existing one has expired or needs replacing.) The application can only be made from within the UK.

Applicants must complete an online form and provide evidence, by electronic upload, of their current immigration status and ongoing residence in the UK. In particular, UKVI are looking to check whether the applicant’s ILR status may have lapsed, for example if they have been outside of the UK for more than two continuous years since it was granted. Once the form is submitted, the applicant must attend a UKVCAS Sopra Steria application centre to enrol their biometrics (i.e. digital photograph, fingerprints and signature).

The application is then processed, with decisions currently taking up to six months. The new BRP is then dispatched to the correspondence address given on the application.

How soon should I do this?

We would recommend applying for a BRP sooner rather than later, to be able to make use of the eVisa system promptly. The digital immigration system is being rolled out in phases and some immigration categories are already using it.

The government’s right to work check guidance is also already restricted on what documents may be accepted by an employer for a valid check; those with indefinite leave in an expired passport are even now not able to use this to prove their right to work in the UK. If you hold a paper document in an expired passport, it is of extra importance to make the application promptly if you are likely to need to demonstrate your lawful status in the UK for other reasons, e.g. for a new employer or education provider.

How much does it cost?

The application itself is free of charge and no government fee is payable when submitting the online form. However, fees may be payable for the biometric appointment, depending on the centre and time of day chosen and can range up to £270.

Will I need to do anything once I receive the BRP?

Once the BRP is received, the holder should carry this when they travel internationally. It will, of course, only be valid on its face to 31 December 2024, even though the status remains indefinite.

As a BRP holder, it will then be possible to register for an eVisa account once the system is rolled out, ahead of the document expiring on 31 December 2024.

If you are considering making an NTL application and have any questions, or you have concerns about whether your indefinite leave to enter or remain (ILR or ILE) remains valid, we would be pleased to advise. You can use our online enquiry form or call us on 020 7401 6887.