Visitors to the UK now need an Electronic Travel Authorisation (ETA) if they are not travelling under a visa for short stays of up to six months, or do not already have a UK immigration status.

Equally, visitors who transit through the UK by crossing the UK border need an ETA, if required for their nationality. 

An ETA is a digital permission to travel – it is not a visa or a tax and does not permit entry into the UK – it  authorises a person to travel to the UK. It is linked to the passport used on application and lasts for two years or until the passport expires, whichever is sooner. A person can travel to the UK as many times as required whilst holding a valid ETA.

But what happens if an ETA application is refused? 

The Immigration Rules state that an application for an ETA must be refused in the following circumstances:

Deportation or Exclusion:

1. the Secretary of State has personally directed that the applicant be excluded from the UK; or

2. the applicant is the subject of an exclusion order; or

3. the applicant is the subject of a deportation order, or a decision to make a deportation order.

Criminality:

1. 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. 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:

1. 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 

1. overstayed their permission, unless:

   1. the Home Office holds a record that permission was subsequently granted with knowledge of the overstaying; or

   2. the person left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, an the person overstayed for 90 days or less, where the overstaying began before 6 April 2017; or

   3. the person left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, and the person overstayed for 30 days or less, where the overstaying began on or after 6 April 2017; or

   4. the person left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, and where one of the exceptions for overstayers applies, the period of overstaying; or

2. breached a condition attached to their permission, unless entry clearance or further permission was subsequently granted with knowledge of the breach; or

3. was (or still is) an illegal entrant, unless the Home Office holds a record that permission was subsequently granted with knowledge of the illegal entry; or

4. used deception in relation to an immigration application (successfully or unsuccessfully), unless the Home Office holds a record that permission was subsequently granted with knowledge of the deception.

False representations:

1. 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. relevant facts were not disclosed

Unpaid litigation costs grounds:

Where the UK ETA applicant has failed to pay litigations costs awarded to the Home Office.

Previous refusal as a visitor

If the applicant has previously been refused entry clearance, permission to enter or permission to stay under Appendix V: Visitor, unless the Home Office holds a record that either:

1. a valid ETA, entry clearance or permission to enter or stay was held and was not cancelled as a result of that refusal; or

2. a valid ETA, entry clearance, or permission to enter or stay was subsequently granted with knowledge of that refusal.

Refusal of an ETA is not a travel ban

A refusal of an ETA does not mean that the applicant is banned from travelling to the UK.

An application for a standard Visitors Visa should be considered, with full details to address any such refusal and supporting evidence to address and explain the circumstances which might have led to the refusal. These include court documents, evidence of rehabilitation, character references and testimonials, along with the usual required evidence being financial evidence showing sufficient funds are available to support the trip and details of travel plans.

As ever, a properly prepared application will enhance the chances of a successful application.

Any applicant must meet the eligibility requirements and only do permitted activities.

Should you be in any doubt about your ETA application or require assistance with a full Visitors Visa application, then contact our immigration team.

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