Electronic Travel Authorisation and Criminal Convictions
Stephanie Pote · Posted on: September 24th 2025 · read
As reported previously the last phasing of the UK ETA (Electronic Travel Authorisation) system was rolled out on 2 April 2025 to EU nationals.
The full implementation of the system means that all non-visa nationals who were previously granted “Entry Clearance at the Border” now need to obtain an ETA in order to have “Leave to Enter” the UK.
This includes nationals of the USA, Canada, Australia, New Zealand, EU countries and Caribbean islands.
Easy process
For most people, this will be simple enough: an ETA can be applied for via a smartphone; it is a relatively easy process involving answering questions about the individual’s personal details and taking a scan of their passport and face. An ETA is usually granted within three working days and lasts for two years. So far, so good.
One of the questions, however, is around criminal convictions.
Criminal Convictions
Where non-visa nationals previously had the right to enter the UK at the border (for a period of up to six months where no work was being performed), with no questions being asked, now they will be required to declare any criminal convictions. Where someone has a criminal conviction, this may lead to an application for an ETA being unsuccessful which means that the individual will now not be able to enter the UK.
An ETA will be refused where the individual has been convicted of a criminal offence, whether in the UK or overseas, and either:
less than 12 months have passed since the date of the conviction; or
they received a custodial sentence of 12 months or more
This means that someone with a minor conviction who could previously have entered the UK with no problem will now have to wait until 12 months after the date of the conviction before they can do so.
Other Grounds for Refusal
An ETA can also be refused for a number of other reasons including: making a false declaration on the application; previous breaches of the UK Immigration Rules (e.g. overstaying or using deception in a previous visa application); or having had a previous visitor visa application refused for any reason. These are less likely to apply to non-visa nationals (as they are less likely to have applied for a previous visa) but could still be applicable if they have entered the UK for more than six months or on a worker visa.
Where an ETA is refused for one of these reasons, the person concerned will then have to apply for a visit visa which is more complex, a lot more time consuming, and more expensive.
HR Solutions can advise you on the impact of any previous criminal convictions or an adverse Immigration history on an ETA or visit visa application. We can also advise you on the process of applying for an ETA or visit visa, or can assist with the application if required.
