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Immigration Rules Appendix Electronic Travel Authorisation

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Appendix Electronic Travel Authorisation

An Electronic Travel Authorisation (ETA) is required by specified nationals in advance of travel to the UK.

The holder of an ETA will need to obtain permission to enter on arrival in the UK but can be refused entry if they require an ETA and do not have one.

An application for an ETA may be granted through automated processing. A person who is refused an ETA has not been refused permission to enter the UK and will need to apply for a visa if they wish to come to the UK.

The ETA application process will open on 25 October 2023 only for Qatari nationals who intend to travel to the UK on or after 15 November 2023.

The ETA application process will open on 1 February 2024 only for nationals of Bahrain, Jordan, Kuwait, Oman, United Arab Emirate or Saudi Arabia who intend to travel to the UK on or after 22 February 2024.

Validity requirements for an Electronic Travel Authorisation
  1. ETA 1.1. An application for an ETA must meet the following requirements:
    1. (a) the application must be made in accordance with the application process on the gov.uk website using either the mobile application ‘UK ETA’ or the specified online form: ‘Apply for an ETA to come to the UK’; and
    2. (b) the applicant must provide an email address which can be used by the Home Office to contact them; and
    3. (c) the required fee must be paid; and
    4. (d) the applicant must provide, in accordance with the application process, a passport which satisfactorily establishes their identity and nationality; and
    5. (e) the applicant must provide a facial image in accordance with the application process and which complies with the rules for digital photos on ‘https://www.gov.uk/photos-for-passports’; and
    6. (f) the applicant must be seeking permission to enter the UK as either:
      1. (i) a Visitor (other than a Marriage/Civil Partnership Visitor), staying in the UK for up to 6 months; or
      2. (ii) a Creative Worker who is seeking entry to the UK pursuant to paragraph Appendix Temporary Work – Creative Worker at CRV 3.2.
  1. ETA 1.2. The applicant must be:
    1. (a) a national of Qatar who intends to travel to the UK on or after 15 November 2023; or
    2. (b) a national of Bahrain, Jordan, Kuwait, Oman, United Arab Emirates or Saudi Arabia who intends to travel to the UK on or after 22 February 2024.

ETA 1.3. An applicant who is lawfully resident in Ireland and is travelling to the UK from elsewhere in the Common Travel Area does not need to obtain an ETA.

ETA 1.4. For the purposes of ETA 1.3, a person is lawfully resident in Ireland if they are resident in, and entitled to reside in, Ireland under any relevant legislation or rules which apply in Ireland at the time of the ETA application, but a person is not lawfully resident if they may not leave or attempt to leave Ireland without the consent of an Irish Minister.

ETA 1.5. An application which does not meet the validity requirements for an ETA application is invalid and must be rejected and not considered.

Suitability requirements for an ETA

Exclusion or deportation order grounds

  1. ETA 2.1. An application for an ETA must be refused where:
    1. (a) the Secretary of State has personally directed that the applicant be excluded from the UK; or
    2. (b) the applicant is the subject of an exclusion order; or
    3. (c) the applicant is the subject of a deportation order, or a decision to make a deportation order.

Criminality grounds

  1. ETA 2.2. An application for an ETA must be refused where the applicant:
    1. (a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more; or
    2. (b) has been convicted of a criminal offence in the UK or overseas unless more than 12 months have passed since the date of conviction.

Non-conducive grounds

ETA 2.3. An application for an ETA must be refused where the applicant’s presence in the UK is not conducive to the public good because of their conduct, character, associations or other reasons (including convictions which do not fall within the criminality grounds).

Previous breach of immigration laws grounds

  1. ETA 2.4. An application for an ETA must be refused if, when they were aged 18 or over, the applicant:
    1. (a) overstayed their permission; or
    2. (b) breached a condition attached to their permission, unless entry clearance or further permission was subsequently granted with knowledge of the breach; or
    3. (c) were (or still are) an illegal entrant; or
    4. (d) used deception in relation to an immigration application (whether or not successfully).

False representations, etc. grounds

  1. ETA 2.5. An application for an ETA must be refused where, in relation to the current or a previous ETA application:
    1. (a) false representations were made, or false documents or false information was submitted (whether or not relevant to the application, and whether or not to the applicant’s knowledge); or
    2. (b) relevant facts were not disclosed.,

Debt to the NHS grounds

ETA 2.6. An application for an ETA must be refused where a relevant NHS body has notified the Secretary of State that the applicant has failed to pay charges under relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £500.

Unpaid litigation costs grounds

ETA 2.7. An application for an ETA must be refused where the applicant has failed to pay litigation costs awarded to the Home Office.

Decision on an ETA application

ETA 3.1. If the Secretary of State is satisfied the validity requirements are met and the application is not refused on suitability grounds the applicant will be granted an ETA; otherwise, the application for an ETA will be refused.

Period of grant of an ETA

ETA 4.1. An ETA will be valid for 2 years from the date of grant or until the expiry of the holder’s passport used in the ETA application, whichever is sooner.

  1. ETA 4.2. A person holding a valid ETA may make multiple journeys to the UK, for the purpose of seeking permission to enter on arrival as either:
    1. (a) a Visitor, seeking entry for up to 6 months on each occasion; or
    2. (b) a Creative Worker who is seeking entry to the UK pursuant to Appendix Temporary Work – Creative Worker at CRV 3.2.

Cancellation of an ETA

Cancellation on exclusion or deportation order grounds

  1. ETA 5.1. An ETA held by a person must be cancelled where:
    1. (a) the Secretary of State has personally directed that the applicant be excluded from the UK; or
    2. (b) the applicant is the subject of an exclusion order; or
    3. (c) the applicant is the subject of a deportation order, or a decision to make a deportation order.

Cancellation on criminality grounds

  1. ETA 5.2. An ETA held by a person must be cancelled where the person:
    1. (a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more; or
    2. (b) has been convicted of a criminal offence in the UK or overseas unless more than 12 months has passed since the date of conviction

Cancellation on non-conducive grounds

ETA 5.3. An ETA held by a person must be cancelled where the person’s presence in the UK is not conducive to the public good because of their conduct, character, associations or other reasons (including convictions which do not fall within the criminality grounds).

Cancellation on breach of immigration laws grounds

  1. ETA 5.4. An ETA held by a person must be cancelled if, when they were aged 18 or over, the holder:
    1. (a) overstayed their permission; or
    2. (b) breached a condition attached to their permission and entry clearance or further permission was not subsequently granted with knowledge of the breach; or
    3. (c) were (or still are) an illegal entrant; or
    4. (d) used deception in relation to an immigration application (whether or not successfully).

Cancellation on false representations, etc. grounds

  1. ETA 5.5. An ETA held by a person must be cancelled where in relation to an ETA application:
    1. (a) false representations were made, or false documents or false information submitted (whether or not relevant to the application, and whether or not to the applicant’s knowledge); or
    2. (b) relevant facts were not disclosed.

Cancellation due to debt to the NHS

ETA 5.6. An ETA held by a person must be cancelled where a relevant NHS body has notified the Secretary of State that the holder has failed to pay charges under relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £500.

Cancellation due to unpaid litigation costs

ETA 5.7. An ETA held by a person must be cancelled where the holder has failed to pay litigation costs awarded to the Home Office.

Source: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-electronic-travel-authorisation

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