Navigating The UK´s New Complex Immigration Rules. Travelling to the UK has become ever more complex post-Brexit, however, recent changes in the regulations mean that new requirements will be put in place which will add an extra layer of complexity to an already difficult process.
Old system
Traditionally, people who were starting their application would apply using a physical form and, if successful, would receive some form of physical document, such as a Biometric Residence Card (BRP), to prove their status. This has all recently changed and it has meant that everything has been slowly moved online, especially after the Covid 19 pandemic. Now there is a more modernised, newer system called the United Kingdom Visa and Immigration (UKVI) which provides a unified system for all matters related to immigration and to prove your right to work and live in the UK. This, in theory, is supposed to make things easier when it comes to applying for visas and permissions to come to the UK, yet even though much of the immigration process has been digitised and become more centralised, it can still be a bit of a complicated process to navigate.
Introduction of the ETA
One of the main changes introduced is a system called Electronic Travel Authorisations (or ETA´s as they are more commonly known). If you’re a non-visa national, you’ll need to apply for an ETA before you travel. Nonetheless, it is important to note that the ETA is not a visa or permission to stay in the UK. It is merely an authorization to either visit or transit through the country. When you arrive at the UK border control, the officers will make a final decision on whether you can enter based on the ETA and other factors related to your reasons for travelling, passport and past history.
The ETA application process is straightforward but must be completed before you travel. The application fee is £10 and you can submit your request online using your original passport, a valid email address, and selecting a valid payment method. In most cases, you’ll receive confirmation of your ETA within three working days and this will be automatically linked to your passport. But this time frame is not guaranteed, hence give yourself enough time before you travel to apply for it in case of any delays.
In addition, the ETA will be valid for a period of 2 years, and during that time, you can travel to the United Kingdom as many times as you want (assuming that you do not exceed the limit established by the ETA on each visit to the UK, more on this further below). If you renew your passport, you will need to apply for a new ETA, as it is linked to your passport number.
Potential problems encountered with the new system
This is, relatively speaking, quite straightforward, but there are a few things that one must take into account for the process to run smoothly. EU nationals can start applying for the ETA from the 5th March 2025 for business or holiday purposes. Nevertheless, from the 2nd April 2025, all EU travellers, regardless of nationality, will need an ETA to enter the UK. In addition, a common question that is raised is whether it is possible to apply as a family or group of people. In a nutshell, you cannot apply for an ETA as part of a group or family; thus each individual must apply separately. Finally, one quite important aspect to keep in mind to avoid having any problems in the future, is that the ETA does not allow you to stay in the UK for more than 6 continuous months per trip. So if you do intend on staying longer, then you will need to look into other visa options.
In conclusion, while travel to the UK has already become more complicated in the post-Brexit era, recent regulatory changes are set to introduce even more hurdles for travellers. With new requirements on the horizon, navigating the process will likely become more challenging, making it essential for travellers to stay informed and prepared for the evolving landscape.
Here at Del Canto Chambers we offer expert legal advice in all the main areas of the UK immigration process. We are committed to delivering the best possible outcomes for individuals and businesses alike. Let us help you secure your future in the UK with trusted, professional guidance every step of the way.
By Alvaro Jose Gutierrez Calero, Legal Consultant at Del Canto Chambers
