In line with the UK government's aim to digitise the UK border and immigration system, the scope of the UK's ETA scheme and its applicability to non-visa nationals will shortly be extended.

The extension of the ETA scheme, as confirmed in the Statement of Changes 10 September 2024 means that all non-British and Irish citizens will need prior permission to enter the UK, either in the form of an ETA or e-visa, in advance of travel. Prior to the mandatory ETA implementation dates, outlined below, non-visa nationals can seek permission to enter the UK upon arrival at the border, without obtaining any advance travel authorisation.

Further information in relation to an overview of the ETA scheme can be found in our recent article here.

As a result of the extended ETA scheme, various practical factors will need to be considered by employers, especially those with employees who travel to the UK frequently for business. We address each of these considerations below.

Key dates employers need to be aware of

The ETA scheme will be extended in phases, as follows:

• from 27 November 2024, eligible non-Europeans, including nationals of the US, Canada, and Australia, can make an application for an ETA, which will be mandatory to travel to the UK from 8 January 2025.
• the scheme will then be extended to eligible Europeans, including nationals of all EU member states, from 5 March 2025. Eligible Europeans will require a mandatory ETA to travel from 2 April 2025.

A full list of countries and the applicable dates for when nationals of each country will be eligible to apply under the ETA scheme can be found here.

The ETA scheme and its impact on frequent UK business travellers

Permission under the ETA scheme will need to be obtained prior to travel to the UK for the following activities:

• trips to the UK for up to six months for tourism, visiting family and friends, business or short-term study;
• trips to the UK for up to three months on the Creative Worker visa concession; 
• trips to the UK for a permitted paid engagement; and
• transiting through the UK – including if the holder is not going through UK border control.

For employees travelling for any purpose which exceeds the scope of the above, alternative UK immigration permission may be required. 

Employees travelling to the UK for business purposes, where required, will, therefore, need to factor sufficient time into their travel plans prior to their UK trips to obtain the relevant permission required under the ETA scheme. The processing time for applications will be approximately three working days, subject to the volume UK Visas and Immigration (UKVI) is experiencing.

Once obtained, an ETA will permit employees to undertake multiple visits to the UK for trips not exceeding six months' duration each time, for up to two years or until the expiry of the passport to which the ETA is linked, whichever is sooner. It is, therefore, important for frequent business travellers to be aware that should they subsequently renew their passports, they will also need to obtain a new ETA, the application timeframe for which will need to be factored in when scheduling travel to the UK.

Some employees who travel frequently for business may have more than one passport. ETAs are linked to passports and not the person, so if for example, a US national has two US passports, they could obtain an ETA for each passport.

If an employee holds dual nationality, for example, an employee holds both British and US nationalities, in the event the employee is required to book travel on their US passport they would need to also take their British passport with them when travelling to the UK to evidence why they are exempt from ETA scheme requirements.

It is important to note that obtaining permission under the ETA scheme does not guarantee entry to the UK. If a UK Immigration Officer does not consider an individual's activity in the UK to be within the permitted scope, they have the discretion to refuse entry at the UK border. In light of this, where possible, it would be beneficial for frequent business traveller employees to be prepared to explain the reason for their visit to the UK and, if possible, carry with them evidence of their intention to depart the UK (i.e. flight booking confirmations/tickets).

Employers who require their employees to frequently travel to the UK on business should also be aware of the extended grounds for refusal of an ETA, in case they apply to any of their employees. The extended grounds for refusal are as follows:

• Applicants who have previously been refused a visit visa or permission to enter as a visitor unless a visit visa has been granted subsequent to the refusal or a valid permission was held and not cancelled as a result of the refusal.
• Applicants who have historically had an ETA cancelled and have been refused entry at the border.

Should the above apply, the employee in question would need to apply for alternative UK immigration permission i.e. a visit visa, to allow UKVI to undertake a thorough consideration of their application. Where a visa is required, this would extend the timeframe which would need to be factored into the employee's travel plans in order to obtain the required permission to enter the UK.

General practical considerations for employers

The key practical considerations for employers are as follows:

• Communication to employees: It is advisable that employers inform their employees of the extended scope of the ETA scheme and the applicable dates as soon as possible. Whilst the processing time for ETA applications is not extensive, it is an additional procedural step which will impact a wide range of nationalities who have not previously needed to give any prior consideration to obtaining permission in advance of travel to the UK. It will therefore require a shift in mindset towards travelling to the UK, which may take some time for frequent travellers to plan for and adjust to.
• Prior travel checks: Employers will need to update any internal pre-travel questionnaires/correspondence to ensure that, where applicable, the need for an employee to obtain permission under the ETA scheme is captured timely in advance of intended travel to the UK to ensure an application is made.

Additional consideration should be given where a risk of ETA refusal is identified i.e. applicants who have previously had a UK visa refused/permission under the ETA scheme cancelled. In these instances, alternative immigration permission, with longer processing timeframes, will be required for these employees.

• Budget considerations: It will cost £10 per applicant to apply under the ETA scheme. Therefore, employers will need to ensure that this additional cost is factored into existing travel policies and budgets. Consideration will also need to be given as to whether employers will cover the associated cost or whether the employee would be personally liable.
• Training: It will be crucial for employers to ensure that any relevant internal teams involved in their existing travel procedures are informed of the requirements under the ETA scheme. Employers may also wish to reach out to their external travel providers to discuss how the new ETA process can be integrated into their current policies and procedures.
• Tracking: In order to minimise disruption, especially for frequent business travellers, we would recommend that employers, where applicable, track ETA validity once obtained and passport expiry dates. This will ensure that, where required, new permission under the ETA scheme can be obtained in a timely manner. This will safeguard against any last-minute delays in employee's UK travel plans.

Practical application considerations for employers

Subject to internal processes for overseas employee travel, employers are likely to have queries as to whether it is possible to assist their employees with applications under the ETA scheme.

It is possible for relevant internal individuals, responsible for arranging employee travel, to assist employees with their applications using the ETA app. Should employers wish to assist employees with their applications via the ETA app, it is important to note, however, that the employee applicant would need to be physically present at the time their application is made, as the ETA app requires the biographical passport details and applicant photograph to be provided in real-time.

An instance may arise where an employer wishes to assist with ETA applications for a group of employees at the same time. In this circumstance, due to the real-time requirements of the ETA app, the easiest course of action would be for the person responsible for arranging employee travel within the organisation, to obtain the passport pages and photos of relevant employees and then apply online as opposed to via the ETA app. Passport information and picture are not required in real time when applications are submitted online. 

Potential consequences for employers if employees fail to obtain ETA permission

If relevant employees do not obtain permission under the ETA scheme prior to travelling to the UK, the employee will not be permitted entry. This could result in a disruption to business operations and, depending on the purpose of the employee's trip, reputational damage for employers. It is also important to note that once an employee has been refused entry at the border, applications for future travel to the UK will become more complex.

Conclusion

Employers will want to get ahead of the upcoming changes, considering the ETA will be required as soon as January or April 2025. Therefore, as it is likely that employees may already be arranging trips for the mandatory ETA requirement period, some consideration should be given to the requirement to obtain an ETA to ensure there are no surprises or delays to critical business trips in the immediate future.