Final roll out of the new ETA scheme and impact on UK business travellers

The ETA scheme has been phased in since October 2023 and will become mandatory for all EU nationals wishing to travel to the UK on or after 02 April 2025. This will be the final stage of the roll out, and, once implemented, will apply to all non-visa nationals.

What can individuals do with an ETA and how to apply for one

Applications are submitted either online or via the new UK ETA app. Individuals need to obtain their own ETA in advance of travelling to the UK, which includes ETAs for children and infants. The cost to apply for an ETA is GBP 10 (which will soon increase to GBP 16), and a decision is usually made within 3 days. An ETA is valid for 2 years or until the individual’s passport expires, whichever is sooner. 

It's important to note that an ETA is not a visa and does not grant entry permission to the UK. It only gives permission for the individual to travel to the UK, and, even if an individual has secured an ETA in advance, they could still be refused entry at the UK border.

With an ETA, individuals are able to travel to the UK for up to 6 months for tourism, to visit family and friends, to carry out business-permitted activities, or for short-term study. Except in limited circumstances, it does not allow individuals to do paid or unpaid work for a UK company or as a self-employed person. If an individual is planning to come to the UK to work, a different type of visa is required, such as a skilled worker visa, or a visa under the Global Business Mobility routes.

If an ETA is refused, there is no right of appeal or administrative review and, instead, an individual will need to apply for a visa.

Guidance for employers

Firstly, employers should ensure that all non-visa nationals who require an ETA obtain one in advance of travelling to the UK to avoid any issues at the border. Secondly, employers should factor in any increased costs and time to apply for an ETA and ensure that applicants are able to meet the suitability requirements. 

Employers should also ensure that individuals understand the strict rules around what they can and cannot do whilst in the UK, and ensure they take supporting evidence with them and are ready to answer any questions at UK Border Control on how they meet the UK visitor rules.

UK visitor rules are notoriously complex and both individuals and employers can face significant consequences if they are found in breach of the rules. There's also likely to be greater scrutiny of travel history once the ETA scheme is fully rolled out and the UK government has made compliance with immigration law a key focus. It is therefore essential for employers and individuals to plan ahead and ensure they are complying with the rules to avoid any serious penalties.

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Alan Kennedy is a director at Ward Hadaway specialising in both employment and business immigration law. He advises clients on a range of global business mobility matters, including overseas recruitment, skilled worker and GBM work visas, complex right-to-work issues, and sponsor licence applications / compliance.