The UK Electronic Travel Authorisation Scheme: Challenges, Solutions and Recommendations

Overview

On 25 February 2026, the United Kingdom's Electronic Travel Authorisation (ETA) scheme was fully implemented. This means that travelers from 85 countries—including the United States, Canada, Australia and all EU/EEA member states—looking to visit the United Kingdom must hold a valid ETA before travelling to the United Kingdom. In addition, since 20 March 2026, carriers can be fined if they allow those who do not have an ETA, or the appropriate immigration permission or nationality, to travel to the United Kingdom.

This article considers each of these scenarios, the potential solutions, and practical recommendations for employers.

Electronic Travel Authorisation

An ETA is authority to travel to the United Kingdom. It is not immigration permission, and simply allows individuals to apply on arrival for entry to the United Kingdom as a visitor. Accordingly, those who are issued an ETA are not guaranteed entry to the United Kingdom.

ETAs are valid for two years, or until the expiry of the traveler’s passport, whichever is earlier, and permits multiple entries throughout that period. Applications are submitted online or via the UK ETA app, with most decisions being made within three working days. Since October 2023, approximately 24.8 million ETAs have been issued with a 99.6% approval rate. However, there are several categories of individuals who do not qualify for an ETA, including those with criminal records, those with prior immigration refusals and British citizens with dual nationality.

Criminal Record

Applicants must disclose whether they have ever been convicted of a crime resulting in a custodial sentence of 12 months or more, whether they have received any convictions in the past 12 months regardless of sentence length and any involvement in serious crimes, terrorism or extremist activities.

Mandatory Grounds for Refusal

An ETA must be refused where the applicant has been convicted of a criminal offence, whether committed in the United Kingdom or overseas, for which they received a custodial sentence of 12 months or more, regardless of when it was committed. An ETA must also be refused for any conviction resulting in a non-custodial sentence or out-of-court disposal, unless the conviction was over 12 months ago. On 26 March 2026, these grounds were extended to include suspended sentences of at least 12 months.

An ETA may also be refused if the Home Office considers that the applicant's presence in the United Kingdom is not conducive to the public good or because of their conduct, character, or associations, including having convictions which fall outside the mandatory grounds.

Practical Difficulties

Consequently, in almost all cases, declaring a criminal conviction will result in the refusal of an ETA application. There is no right of appeal against such a refusal and failing to disclose a conviction can result in the applicant being banned from being issued with UK immigration permission for a 10-year period.

It is important to note that fines, penalty orders, suspended sentences, community service orders and settlements must also be declared.

Solution

If an ETA is refused, the applicant may apply for a Standard Visitor Visa. Applicants may submit documentation and detailed information in support of the application, which is not possible for an ETA application, and, if the application does not meet the appropriate requirements, request that the Home Office exercise its discretion and approve the application. If an individual does have a criminal record they should apply for a Standard Visitor visa, instead of applying for an ETA, since, if the ETA is refused, it may affect any future application for a Standard Visitor Visa. They should also consider seeking the assistance of a regulated immigration practitioner with the application.

Previous Refusal

An ETA must be refused if an applicant has previously been refused UK visitor immigration permission, including if they were refused entry on arrival in the United Kingdom. Mandatory refusal also applies where the applicant has previously breached UK immigration laws, such as having stayed in the United Kingdom beyond the expiry of a previous grant of UK immigration permission, or has had a previous ETA cancelled.

As with criminality, failing to disclose previous refusals on an ETA application may trigger a ten-year re-entry ban.

Solution

Again, the applicant may apply for a Standard Visitor Visa. When submitting the application, the applicant must address the reason(s) for the prior refusal, and provide evidence that the reason(s) have been resolved. Again, the assistance of a regulated immigration practitioner should be sought.

Dual British Citizens

British citizens, including dual nationals, are not eligible for an ETA. From 25 February 2026, carriers must refuse boarding to dual British citizens, unless they can provide the prescribed proof of citizenship. This requirement also applies to children.

Solutions

• Apply for or renew a British passport: Applications submitted from outside the United Kingdom normally take three to six weeks to be processed. Adult emergency travel documents are available which can be issued in two days. However, emergency travel document applications submitted by children can take weeks to be processed.
• Apply for a Certificate of Entitlement to the Right of Abode: This confirms that the individual has the right of abode in the United Kingdom and can be linked to a non-UK passport. From 26 February 2026, these are issued in a digital format through a UK Visas and Immigration account. Applications normally take three to six weeks to be processed.
• Expired British passport: Carriers may, at their discretion, accept an expired British passport issued in 1989 or later alongside a valid ETA-eligible passport, provided the personal details match. This is a temporary concession which should not be relied upon long-term.
• EU Settlement Scheme: Dual British citizens who obtained UK nationality after securing status under the EU Settlement Scheme may continue to travel using their non-UK passport or a national identity card from the European Union, Norway, Iceland, Liechtenstein, or Switzerland.

Recent IT Disruption

On 3 June 2026, the ETA application system experienced a significant outage, with applicants encountering ‘system is busy’ errors and queue wait times exceeding one hour. This led to some individuals being unable to travel to the United Kingdom. The Home Office confirmed that it did experience issues with the ETA system, but that it continued to meet its three working day processing standard. It also stated that these issues have now been resolved.

The incident underscored broader concerns with the ETA app, including issues with chip detection, face verification and the payment gateway.

It is therefore the case that last-minute applicants face a real risk of being denied boarding due to system downtime or if they experience issues with the app or on-line system. It is also worth noting that most travel insurance policies will not reimburse individuals if they are denied boarding for not having an ETA. Applicants should therefore apply at least one week before travel.

Practical Recommendations for Employers and HR Teams

To minimise disruption to UK-bound business travel, HR and global mobility leads should ensure that their workforce is aware of the following:

• Those who hold British citizenship alongside another nationality cannot obtain an ETA and must travel with a British passport or a Certificate of Entitlement. If the individual does not hold either of these documents, they can take several weeks to obtain.
• Anyone with a criminal record or adverse immigration history should apply for a Standard Visitor Visa rather than an ETA. It is also recommended that they obtain assistance with the application from a regulated immigration practitioner.
• ETA applications should be submitted at least one week before departure to account for potential processing delays or system outages. Standard Visitor Visa applications involve a significantly longer lead time.

They should also ensure that in-house global mobility guidance reflects the requirement to obtain an ETA, evidence of an appropriate nationality or relevant immigration permission before travelling to the United Kingdom.

Looking Ahead

The European Union’s European Travel Information and Authorisation System (‘ETIAS’) is expected to start operations in the last quarter of 2026, following the recent implementation of the EU Entry / Exit System. ETIAS will similarly ask about, and permission may be refused on the basis of, criminal convictions and prior adverse immigration history. Consequently, employers and individuals should be aware that the challenges set out above may affect those travelling to the Schengen area in the near future.