What is an Electronic Travel Authorisation and when can it be refused?

As most travellers to the UK are now aware, an Electronic Travel Authorisation (ETA) must be obtained in advance by overseas nationals coming to the UK whether for tourism, business, study, and short-term visits.

With an ETA, individuals come to the UK for up to six months.

However, if an individual has past criminal convictions or has received a non-custodial sentence, their entry into the UK could potentially be prevented.

Criminal convictions and ETAs

1. Mandatory refusal

   ETA applications will be refused if the applicant:

• 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
• Is a persistent offender who shows a particular disregard for the law, or
• Has committed a criminal offence, or offences, which caused serious harm.

2. Discretionary refusal

   ETA applications will be refused on the basis of discretionary refusal for the following reasons (other than for visitors or those seeking entry for less than six months) if the applicant:

• Has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months, or
• Has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record.

What are the general grounds for refusal?

There are also general grounds for the authorities refusing to grant an ETA. These include, but are not limited to:

• Earlier exclusion or deportation proceedings
• Previous overstaying in the UK
• Involvement in a sham marriage/marriage of convenience
• False representations made to UK authorities

Effects of criminality, mandatory refusal and discretionary refusal

The effect of mandatory refusal can include denial of entry into the UK.

Discretionary refusal reflects the fact that decision-makers have considered various factors before deciding to refuse an application – including good character. Discretionary refusal operates on a ‘may’ basis, so that the applicant may be declined entry into the UK.

Is there another option if I get refused entry?

In case of refusal, it may be possible to apply for a standard visit visa to visit the UK, though legal advice should be sought before pursuing this route.

If you have questions or concerns about ETAs, please contact immigration lawyer Sharmila Mehta and paralegal Ami Koya.