UK ETA Scheme: Key Information for Employers
The UK government is advancing its goal to digitise the border and immigration system by expanding the scope of the Electronic Travel Authorisation (ETA) scheme to include non-visa nationals. As outlined in the Statement of Changes on 10 September 2024, all non-British and non-Irish citizens will soon need prior authorisation to enter the UK, either through an ETA or e-visa. Until the mandatory ETA dates take effect, non-visa nationals can still request entry upon arrival without pre-approval.
This update has significant implications for employers, particularly those with employees who frequently travel to the UK for business. Below, we outline the key dates, requirements, and considerations for employers.
ETA Scheme Key Dates
The ETA scheme will be implemented in phases:
- 27 November 2024: Eligible non-Europeans can apply for an ETA, which becomes mandatory from 8 January 2025.
- 5 March 2025: Eligible Europeans (e.g., all EU member state nationals) can apply for an ETA, required for travel from 2 April 2025.
A detailed list of eligible countries and applicable dates is available online.
Who Needs an ETA and for What Purposes?
An ETA will be required for the following:
- Visits up to six months for tourism, family visits, business, or short-term study.
- Creative Worker visa trips up to three months.
- Permitted paid engagements.
- Transit through the UK, even without crossing border control.
Employees planning activities beyond these categories will need alternative immigration permissions.
Practical Considerations for Employers
1. Travel Planning:
Employees traveling to the UK will need to apply for an ETA at least three working days before departure. Once issued, an ETA allows multiple visits within two years (or until the associated passport expires). Frequent travellers with renewed passports must reapply for an ETA linked to the new passport.
2. Passport Requirements:
Employees with dual nationalities or multiple passports must ensure their ETA aligns with their travel document. For example, dual citizens (e.g., British-US nationals) traveling on a non-British passport must carry their British passport to prove exemption from ETA requirements.
3. Immigration Officer Discretion:
An ETA does not guarantee entry. Employees should be prepared to justify their trip and provide evidence of departure plans, such as flight tickets.
Employees in these cases will need a visit visa, which involves longer processing times.
Employer Responsibilities
1. Communicating Changes:
Inform employees about the new requirements and applicable timelines. Frequent travellers may need time to adjust to these procedural changes.
2. Pre-Travel Checks:
Update internal travel procedures to ensure employees secure the necessary permissions in advance. Identify any employees at risk of ETA refusal and assist them in applying for alternative visas.
3. Budget Planning:
The ETA application fee is £10 per person.
4. Training and Coordination:
Train relevant teams on ETA requirements and coordinate with external travel providers to integrate the process into existing policies.
5. Tracking and Renewals:
Maintain records of ETA validity and passport expiration dates to prevent last-minute disruptions to travel plans.
Application Support for Employees
Employers can assist employees with ETA applications via the ETA app, but the applicant must be physically present for real-time biometric and photo submission. For group applications, the online portal may be more practical as it doesn’t require real-time data submission.
Consequences of Non-Compliance
If employees fail to obtain an ETA before travel, they will be denied entry or departure from place of travel, potentially disrupting business operations and harming the employer’s reputation. Additionally, refusal at the border complicates future UK travel for the individual.
How can JMW help
Employers should prepare for the upcoming changes to avoid disruptions to business travel. With mandatory ETA requirements beginning in January and April 2025, it is essential to factor this into travel plans now. Proactive planning will help ensure seamless compliance with the new regulations.
If you or your employees may require ETA visas for work or personal purposes, we have a dedicated team of Immigration Solicitors who specialise in the UK visit visas and will be able to provide further tailored advice to your personal circumstances.
If you have any queries relating to immigration, please contact us by calling 0345 872 6666 or by completing our online enquiry form.