Starting in 2023, the UK will be introducing its new system for issuing Electronic Travel Authorisations (“ETA”) for visa exempt travellers coming to the UK. The ETA is not a visa but a digital travel authorisation, and following its introduction, will mean that anyone visiting the UK that is not a British or Irish Citizen or who does not hold immigration permission within the UK, must seek permission to do so in advance of travel. The ETA scheme is expected to operate in a similar way to equivalent schemes operating in countries such as the USA, Australia and New Zealand.
Currently there are circumstances in which people can enter the UK without applying for prior permission to travel simply with their passport. These include short stays, such as holidays and business trips, for those within the European Union, the European Economic Area and Switzerland and other ‘non-visa nationals’ from countries such as the USA, Canada and Japan. Following the introduction of the ETA system, this will no longer be the case.
Initially, the introduction of the ETA will be limited to nationals from Qatar, Kuwait, United Arab Emirates, Bahrain and Saudi Arabia. However, subject to the first phase of the roll-out being successful, by the end of late 2023 / early 2024, the new ETA system will apply to all countries.
Obtaining an ETA will not however be necessary for individuals who already hold existing immigration permission for the UK, such as holders of a skilled worker or student visas, or those with status under the EU Settlement Scheme. .
It is a short online application and as part of the process, individuals will be required to give their personal details, contact details and biometric details. They will also be required to answer a short set of suitability questions. The Home Office will then assess the information provided and make a decision as to whether an ETA will be granted. It is not currently clear how long the Home Office will take to decide applications, but early indications are that this will be around 72 hours.
The new rules will have an obvious impact on employers who often require non-British or Irish employees to travel in and out of the UK. Employers will have to ensure that any employees coming to the UK for business purposes have obtained an ETA before doing so.
There will also be a charge for applying for an ETA, which has not yet been confirmed, but is expected to be an amount similar to equivalent schemes in other jurisdictions (estimate - £20).
If employees will be travelling to the UK after the implementation of the ETA system, ensure that an application is made for each employee and an ETA granted in sufficient time before they are due to travel.
If you are aware of which employees will be required to apply for an ETA, have the conversation with them early to find out if there is anything you should be aware of as their employer that may cause the ETA to be rejected (i.e. previous criminal convictions).
Although there are circumstances where travel to the UK cannot be avoided, there may be instances where it is not necessary to travel and meetings can be conducted remotely. It may also be possible that even where travel is needed, the number of individuals travelling can be limited. This will help reduce administration and costs.
If you have any questions about the new ETA scheme and how it may affect your business, please get in touch with Ashfords Immigration Team.
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