From 2025, non-visa nationals are required to secure an Electronic Travel Authorisation (ETA) before entering the UK as a visitor. One of the established grounds for ETA refusal is based on criminality. In this blog we will explore what types of conviction can lead to an ETA being refused, and how you can still visit the UK even if your ETA application was unsuccessful.
An ETA is a digital travel authorisation introduced for visitors from non-visa national countries. Starting from 8 January 2025, non-visa nationals from all countries outside Europe, such as the United States and Australia, now require an ETA. From 2 April 2025, this requirement will extend to European nationals as well.
As part of the ETA application process, you will be required to disclose information about your criminal convictions, if any. In particular, you will be asked to answer the following questions:
- have you been convicted of a crime in the last 12 months;
- have you ever had a prison sentence of more than 12 months.
This is a mandatory part of an ETA application, and you will not be able to proceed without answering these questions. If one of your answers is “yes”, you will be asked to provide additional information regarding your conviction: its nature, date of conviction, country of conviction, type of sentence and the length of sentence. Based on this information, your application will be further assessed on whether it meets the ETA refusal grounds.
What are the grounds for refusal based on criminality?
Your ETA application will be refused if you have either been:
- convicted of a criminal offence in the UK or overseas for which you have received a custodial sentence of 12 months or more;
- convicted of a criminal offence in the UK or overseas unless more than 12 months have passed since the date of conviction.
There is no right to administrative review or appeal against a decision made on an ETA application.
In case of refusal, you will need to apply for a standard visit visa to visit the UK. A refusal of an ETA does not mean that your visit visa will also be refused. A refusal of an ETA simply means that the Home Office may need to look at your circumstances in more detail.
Updated: 27 January 2025
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2025