The ETA scheme has been phased in gradually by the UK Government. This included a phased roll-out to groups of eligible countries and an initial grace period allowing for travellers to enter the UK with proof of a pending ETA application, even if it had not yet been decided.
Following the end of the implementation period, travellers will be required to present carriers with confirmation of their ETA approval, or face being turned away.
Reminder - what is the ETA scheme?
An ETA is a pre-entry authorisation for eligible nationals without existing UK immigration permission (or exemption from immigration control), who intend to enter the UK to visit, transit (landside only), or undertake temporary work in the UK for up to 3 months under the Creative Worker Visa Concession.
You can see our earlier article for more details of who does and doesn’t need an ETA.
What is the practical significance of this development?
From 25 February 2026, there will no longer be an allowance in place for travellers to enter the UK without a valid ETA where one is required. From this date, it will be necessary to ensure that anyone who requires an ETA has applied for one in good time and received confirmation of their granted ETA before travelling to the UK.
Businesses responsible for this process/expense should be aware that a failure to complete the correct process (or to do so in good time) could result in additional knock-on costs for the business beyond the £16 ETA application fee.
One of the key considerations will be an individual’s eligibility for an ETA, and there are several factors which will impact this:
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Nationality – businesses should be aware that periodic review and changes by the government to the UK’s ‘visa national list’ may impact eligibility for the ETA scheme. During 2025, Botswana, the Palestinian Authority and Nauru were each placed on the visa national list, meaning nationals of these countries are no longer eligible to apply for an ETA and enter the UK visa-free. Instead, they must apply for and be granted a visa in advance of travel to the UK. Businesses and travellers should plan ahead to check eligibility status to apply for an ETA based on their nationality as this can change with no or little notice.
Additionally, travellers with dual British or Irish citizenship are not eligible for ETA and should be aware of the need to travel to the UK on a valid British passport, foreign passport with a certificate of entitlement to the right of abode, or Irish passport (for Irish citizens).
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Activities – With the continuous tightening of eligibility criteria for UK work routes, there could be a temptation for businesses to use the Visitor route for short business visits together with an approved ETA. However, despite the broad range of business activities permitted under the Visitor route, it is crucial to ensure the intended activities genuinely fit within the remit of the Rules. Even where an ETA has been approved, permission at the UK border could still be refused, and a traveller turned away, if there is any indication that they intend to conduct unauthorised work in the UK. Businesses should scrutinise planned visits well in advance so it is possible to seek appropriate legal advice on suitable routes to the UK where necessary and/or make alternative staffing arrangements to ensure business continuity.
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Criminality – an ETA will be automatically refused in certain circumstances, potentially triggering the need to consider applying exceptionally for a visa to visit the UK, e.g. in situations where the proposed traveller has:
- A current UK deportation or exclusion order:
- A significant criminal history;
- Previously overstayed in the UK or breached their immigration conditions; or
- Outstanding debts to the UK.
We have expertise in assessing ETA eligibility and handling exceptional visa applications through our ETA service for complex cases, which you can learn more about here.
Need some more help?
If you have a specific question about ETAs, would like a copy of our ‘ETA toolkit for employers’ or want to find out more about our service for complex cases, please contact a member of our Immigration team.
