eVisas and ETAs: all you need to know about UK visa digital transformation
Eralda@vanessaganguin.com +44 (0) 204 551 4815 +44 (0) 7903 864752 |
Eralda@vanessaganguin.com +44 (0) 204 551 4815 +44 (0) 7903 864752 |
Updated 31 October
The UK is undergoing a significant transformation of its immigration system towards a fully digital approach. This guide covers two key aspects of this digitalization: eVisas and Electronic Travel Authorisation (ETA).
Non-visa nationals planning to visit Britain in the near future need to be aware that they will be required to apply for the new ETA. Meanwhile, all those still relying on paper documents to evidence their UK immigration status should ensure they have transitioned to the new eVisa by the end of the year.
Do I need an eVisa?
From 1 January 2025, the only valid proof of UK immigration status for many purposes will be a new online digital proof of status known as an eVisa. The Government is urging millions currently relying on physical immigration documents to take immediate action to obtain their eVisa. Applying is free and it isn’t compulsory if you already have immigration permission. The UK Government insists it will be a more secure method to share immigration status digitally with employers, landlords and others. From 1 January 2025 an eVisa will be the valid way to prove your right to work, right to rent and potentially other rights, such as benefits and entering the country. BRP and BRC documents are set to expire by December 31, 2024, even if your permission extends beyond that date.
If you have pre-settled status or settled status under the EU Settlement Scheme, or have used the ‘UK Immigration: ID Check mobile App’ to make an immigration application, you will already have an eVisa. You should not need to do anything now other than keep UK Visas and Immigration (UKVI) updated with your latest passport/national identity card details and contact details.
If you have British or Irish citizenship you need not do anything either – you can continue to use your passport to evidence your rights. Everyone else is warned to transition to the new digital system as soon as possible.
People with a biometric residence permit
Waves of BRP holders were invited in phases by email to create a UKVI account that allows you to access your eVisas. The transition process has now opened for all those with a BRP. A travel document, such as a passport, and a visa application reference number can be used to create a UKVI account if a BRP card has been lost or stolen. Lost or stolen cards should be reported to UKVI.
People with a biometric residence card
If you have a biometric residence card (BRC) and you have been granted status under the EU Settlement Scheme, then you should already have an eVisa and would not need to take any action. There should be details of how to access and use your digital status in the grant letter or email from UKVI. For now, you should continue to carry your BRC with you when you travel internationally.
People with a different physical document
If you have another physical document that can prove indefinite leave to enter or indefinite leave to remain such as a vignette or passport stamp, have lost your document or your passport containing your status endorsement or it has expired, you should first make a ‘no time limit’ (NTL) application. Following a successful application you will be able to transition to a digital immigration status through a UKVI account.
How do I apply for an eVisa?
BRP holders must first create a UK Visas and Immigration (UKVI) account to access the new eVisa on the www.gov.uk/eVisa website. You will need your BRP number or alternatively, the Unique Application Number (UAN) from your last visa application, as well as a valid passport or identity document. You must use the “UK Immigration: ID Check” app on a tablet, smartphone or laptop to confirm your identity with photos of documents and your face, before filling out a short application form to link the UKVI account to an eVisa. You should then receive an email within a few days confirming that your digital eVisa is available. It is worth checking it works before travelling outside the UK.
If you have lost your BRP you should be able to set up a UKVI account using your BRP or UAN number, but you should report it lost or stolen.
Holders of older legacy paper documents such as ink stamps and visa vignettes, whose passports with stamps in have expired or have been lost will need to first make a free ‘no time limit’ (NTL) application, which can then be used to create a UKVI account. The latest Home Office advice suggests that those “who have tried to register for an eVisa customer account but their details cannot be found on HO systems and so they need to enrol biometrics” should also apply for a NTL first. This process is rather longer, with a waiting time of around three months, so we would caution you to apply sooner rather than later.
Many have expressed concerns about the estimated 200,000 older residents with old-style passport endorsements or vignette passport stickers instead of BRPs who risk being caught out.
Please do not hesitate to contact us if you have any concerns or need any help.
Support for elderly and vulnerable people applying for an eVisa
The biggest challenge will be to ensure that many elderly and vulnerable people, those who may have difficulties accessing the technology or understanding the language are all fully aware of the change and able to access the means to apply for an eVisa.
The Government announced it will free £4 million to voluntary and community organisations including Migrant Help, Citizens Advice Scotland, the Welsh Refugee Council, and Advice NI to support those who need help. The full list found here will be updated as hopefully more organisations join too.
Reporting problems with eVisa applications
The Immigration Law Practitioners Association and the3million campaign group are collating evidence of problems people are experiencing transitioning to a digital status and proving their rights on this online reporting tool to enable calls for changes or improvements to the system.
What HR teams need to know about the eVisa
Human Resources teams should be aware that all BRPs have a standard expiry date of December 31, 2024. You should encourage affected employees to set up UKVI accounts and access their digital status – especially if they have pre-BRP documents and plan to travel abroad. Right to work checks will increasingly involve share codes as more employees transition to digital accounts and HR staff should always keep up to date with the latest guidance. You should also check the date records show an employee’s right to work expires and be sure to carry out follow up checks where needed. If records show a work visa is valid beyond the expiry of an employee’s BRP on 31 December an employee generally does not need to update to an eVisa. If the right to work check only involved checking the BRP – which was acceptable procedure up to April 2022, a worker should transition to an eVisa so that they can prove their right to work beyond the end of this year.
If you have any questions regarding this or any right to work practices, please do not hesitate to contact us.
Do I need an Electronic Travel Authorisation (ETA)?
Most nationals require a visitor visa for short trips to the UK such as tourism, visiting family, attending events or business trips. So-called non-visa nationals from countries such as the USA, Australia, Japan, EU nations and others who wouldn’t need a visitor visa, will now need prior permission in the form of an Electronic Travel Authorisation. You will need this new digital travel permission to enter the UK as a visitor, a Creative Worker (for up to three months) or for transiting the UK.
How will the UK’s new Electronic Travel Authorisation work?
The ETA will operate much like the ETIAS authorisation that Brits will soon need for travel to Europe, or the ESTA for the USA. The ETA costs £10, permits multiple journeys and is valid for two years or until the holder’s passport expires – whichever is sooner.
It should be clarified that the ETA will only provide you permission to travel to the UK, and it is not equivalent to a visa. While a visa may confer leave to enter, even a visa cannot guarantee entry. That decision rests with the immigration officer at the airport and they can cancel a visa or refuse permission if they think appropriate (e.g. because the holder’s circumstances/purpose have changed). An ETA only applies to non-visa nationals. Visa nationals will always require a valid visa if they wish to enter the UK.
Which nationals will need an ETA to visit the UK, and when?
Last autumn the first ETA applications opened to Qatari nationals travelling to the UK on or after 15 November 2023. The system was then extended to nationals of Bahrain, Kuwait, Jordan, Oman, Saudi Arabia and UAE for travel to the UK on or after 22 February 2024, phasing out the Electronic Visa Waiver (EVW) for most of these nations.
From 3pm on 10 September, 2024, no more ETA’s were issued to Jordanian nationals as Jordanians now need to apply for a visa to come to the UK.
The ETA application process will open on 27 November 2024 for the following non-European nationals who do not require a visa and intend to travel to the UK on or after 8 January 2025:
Antigua and Barbuda
Argentina
Australia
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
St Kitts and Nevis
St Lucia
St Vincent and the Grenadines
Samoa
Seychelles
Singapore
Solomon Islands
South Korea
Taiwan (only those who hold a passport issued by Taiwan that includes in it the number of the identification card issued by the competent authority in Taiwan)
The Bahamas
Tonga
Trinidad and Tobago
Tuvalu
United States
Uruguay
The ETA application process will then open on 5 March 2025 for the following European national (this includes non EU nations such as Andorra and San Marino too) who do not require a visa for short stays and intend to travel to the UK on or after 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
(NB: the lists of visa nationals and non-visa nationals change periodically, so check the UK government’s Check if you need a visa site before travel to be certain.)
Who does not need an ETA to travel to the UK?
The following will not require an ETA:
- British and Irish Citizens;
- A British Overseas Territory Citizen (BOTC) travelling on their BOTC passport;
- Individuals who already have entry clearance, permission to enter, or permission to stay;
- Settled persons;
- Individuals exempt from immigration control; and
- Third country non-visa nationals who lawfully reside in Ireland and are travelling to the UK to visit from somewhere else in the Common Travel Area (note that if they are Irish residents but are travelling to the UK from outside the Common Travel Area, an ETA will still be required).
How to apply for the UK’s Electronic Travel Authorisation
Applicants are encouraged to apply for the ETA through the UK ETA app, but those who are unable to for any reason (e.g., technical issues) can also fill out an online form. Both can be found here.
There are simple questions to fill in, such as name, date of birth, nationality, previous immigration history and criminal convictions.
You will need to provide biometric information, have a valid passport (biometric chipped or not) and answer a short set of questions to assess suitability for travel to the UK.
The ETA costs £10 to apply and is non-refundable. The Home Office has prided itself on the ETA being a cost-competitive travel scheme compared to other international schemes such as the USA’s ESTA, which functions similarly to the ETA, but with an application fee of $21 (approximately £17). However, the Home Office also prefaces that as with all visa fees, the ETA application fee is subject to review.
The Home Office have stated that applicants should receive a decision within three working days, but it may occasionally take longer, presumably in more complex circumstances.
The current ETA rules list reasons applicants must be refused an ETA, such as if they have had previously breached immigration laws (e.g. overstaying, using deception in relation to an immigration application), false representations, and criminality to name a few. See below for what to do if refused.
Once granted, the ETA will be valid for two years from the date of grant or until the passport used in the application expires, whichever is sooner. While the rules state that a person holding a valid ETA can make multiple journeys of up to six months as a visitor, it should be noted that travellers will still likely be subject to the genuine visitor requirement as set out in Appendix V. This means that while ETA holders can be granted permission to stay for up to six months at a time within the two-year period, you should not be living in the UK for extended periods through frequent and successive visits as the Home Office may not be convinced such individuals are genuine visitors. Border force may consider the typical or expected duration of proposed activities and the cumulative amount of time spent in the UK before granting entry.
What should I do if my ETA is refused?
If you are refused, you will be required to apply for a visa such as a Visitor visa or a Creative Worker visa if you want to come to the UK. As there is no language currently to reflect a cool-down period of sorts for ETA applications, it is being interpreted that if you are refused an ETA once, you will never be able to apply for the ETA again. For security purposes, there may be little leeway on repeat ETA applications following refusals (no matter how much time has transpired between the applications), much like how the US equivalent of the ESTA currently functions.
For assistance with visit visas or any immigration advice, please feel free to contact our friendly team of immigration experts. You can call us on +44(0) 207 033 9527 or email us to discuss any aspects of UK immigration at enquiries@vanessaganguin.com