US, Canada, Australia, Japan, Malaysia and 43 other countries face new ETA requirements before traveling to the UK from January 8: What more you need to know?

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Starting tomorrow, 8 January 2025, non-European visitors from 48 countries, including the United States, Canada, Australia, New Zealand, South America, Israel, Japan, Malaysia, and Singapore, will be required to obtain an Electronic Travel Authorisation (ETA) before traveling to the United Kingdom.

The new measure aims to enhance security and ensure thorough checks on incoming travelers.

Katie Newbury, partner in the immigration practice at Kingsley Napley LLP, commented on the implications of the ETA scheme, highlighting potential challenges for travelers and the UK’s immigration system.

An Additional Administrative Step

Newbury noted that while the ETA process will be relatively straightforward for most travelers, it introduces an additional layer of administrative requirements and costs before departure:

“Non-European overseas visitors will face an extra admin step and cost before they leave for British soil. While for the majority this will be relatively straightforward, some may find they fall foul of the strict entry rules the UK applies and should take advice accordingly.”

Impact on Travelers with Criminal Convictions

A significant change under the ETA scheme is the strict scrutiny of criminal records.

“The UK has a particularly inflexible approach when it comes to historic criminal convictions,” Newbury explained.

Visitors with prior convictions, even those who have traveled to the UK without issue in the past, may now find their ETA applications refused.

In such cases, they will need to apply for a visit visa, a more complex, time-consuming, and costly process with no guarantee of approval.

Preparing for Potential Challenges

Travelers are advised to complete their ETA applications well in advance to identify and address any issues early:
“Travellers are well advised to do their digital paperwork well in advance of boarding their flights to flush out any problems early and hopefully have time to remediate problems,” Newbury recommended.

Concerns Over Administrative Capacity

With an estimated 30 million ETA applications annually, the Home Office could face a significant increase in its workload.

If just 1% of applicants have criminal convictions, this could result in an additional 300,000 visa applications per year for processing.
“There are real concerns around the capacity of UK Home Office staff to deal with this additional case load,” Newbury said, warning that refusals may lead to increased litigation due to the lack of appeal rights for denied visit visas.

Levelling the Playing Field

The ETA scheme is expected to standardize criminal background checks for all visitors to the UK, whether they are visa or non-visa nationals.

However, it is also anticipated to generate a wave of new cases involving visa refusals based on criminality or previous immigration history.

The scheme will expand further to European visitors in April 2025.

What Travelers Should Know

1. Application Timing: Apply for an ETA well ahead of your travel date to avoid delays or complications.
2. Cost and Process: Be prepared for additional administrative steps and associated costs.
3. Criminal Record Impact: Individuals with criminal convictions should seek professional advice before applying.
4. Future Changes: The scheme will extend to European travelers in April 2025.