New travel rules affecting staff visiting the UK

The Electronic Travel Authorisation Scheme

From next year, staff who are currently able to travel to the UK without a visa (‘non-visa nationals’) will need to apply for an Electronic Travel
Authorisation (ETA) before they can travel here. Below, we explain who thisaffects and consider the implications for employers.

Overview of the ETA Scheme

The ETA Scheme was launched in October 2023 and enables nationals of
certain countries to visit the UK without the need for a visa. Currently, only
nationals of Qatar, Bahrain, Kuwait, Oman, Saudi Arabia and the United Arab Emirates can apply for an ETA.


Jordanian nationals could previously apply but were removed from the list
on 10 September 2024. They must now obtain a visa. However, Jordanian
nationals holding a valid ETA and a confirmed travel booking made before
3pm on 10 September 2024 will still be able to use their ETA if they arrive
before 3pm on 8 October 2024.

The ETA Scheme will shortly be extended so that all nationalities who can
currently travel to the UK without a visa (non-visa nationals) will need to
obtain an ETA if they wish to travel here.

At the moment, non-visa nationals, such as nationals from the USA, Canada,
Japan, or Australia, can simply travel to the UK and obtain a visitor stamp in
their passport by UK immigration control on arrival. Similarly, citizens of the EU and Switzerland do not require entry clearance visas to visit the UK, and can obtain entry as a visitor at the Border. However, from next year, they will be required to obtain an ETA before travelling to the UK.

The full list of nationalities affected by the new ETA process can be found here.

‘Visa nationals’, as set out in the Immigrations Rules Appendix Visitor: Visa national list (such as nationals from China, Russia, South Africa, Kazakhstan, and India) must continue to obtain a Visitor Entry Clearance (visa) from a British diplomatic post before travelling to the UK. Jordan was added to this list on 10 September 2024.

Extension of the ETA Scheme: important dates

From 8 January 2025, all ‘non-visa’ nationals, other than EU nationals, will need an ETA to travel to the UK. This includes nationals of Australia, USA, Canada and Japan. They will be able to apply for an ETA from as early as 27 November 2024.

From 2 April 2025, all EU nationals will need an ETA to travel to the UK. They will be able to apply for an ETA from 5 March 2025.

Anyone with permission to live, work or study in the UK (including settled or pre-settled status under the EU settlement scheme), a British or Irish passport or a British overseas territories citizen passport will not need
an ETA.

What activities are permitted under the ETA scheme?

ETA travellers will be limited to the following activities:

• coming to the UK for up to six months for tourism, visiting family and friends, business or short-term study;
• coming to the UK for up to three months on the Creative Worker visa concession; or
• coming to the UK for a permitted paid engagement.

If an ETA applicant’s activities fall outside of these, they will need to obtain the proper permission to work in the UK under the Points Based System (by obtaining a work visa).

How to apply

ETA applications have to be made online with a fee of £10, per applicant. There is no minimum age limit, so ALL children under 18 must apply for an ETA. ETAs are linked to an applicant’s passport and are issued electronically.

Can an ETA be refused?

A recent Statement of Changes to the Immigration rules (HC 217) introduces suitability criteria so that applicants who have been previously refused a visit visa (or permission to enter as a visitor) will be refused an ETA –
unless a visit visa was subsequently granted after the refusal.

Implications for employers

Employers will need to bear in mind this extra procedural step when making plans for their non-visa national workers to visit the UK for business, such as attending meetings/conferences/training/signing off
contracts etc.

ETA applications can potentially take up to three working days to be processed (occasionally longer), and there is no appeal mechanism if an application is refused; the only option is to file a new ETA application
(if eligible) or submit a separate visa application under another immigration category.

Employers will need to track the continued validity of their employees’ ETAs. The ETA is valid for multiple journeys and for up to two years or until the expiry of an applicant’s passport.

Contact Doyle Clayton or further information on how we can support you with applying for your ETA, or support your staff who will need to apply for their ETA, please contact our Immigration team or send an enquiry email to
info@doyleclayton.co.uk.