U.S. citizens have long enjoyed traveling to the United Kingdom and Europe without needing to apply for a visitor visa or advance travel authorization. This will soon change with the rollout and expansion of the electronic travel authorization requirements for visitors, in the UK and Europe. The United States has an existing travel authorization program, which dates back to 2008.
Starting on January 8, 2025, individuals traveling to the UK, including U.S. citizens, will need to apply for the Electronic Travel Authorization (ETA) to visit or transit through the United Kingdom (assuming they don’t need a UK visitor visa). Later in 2025, visa-exempt nationals from more than 60 countries, including the United States, who plan to visit Europe will need to apply through the European Travel Information and Authorization System (ETIAS). These programs resemble the United States’ Electronic System for Travel Authorization (ESTA), which requires visa-exempt travelers from more than 40 countries to apply for advance travel authorization. The implementation of these reciprocal travel authorization requirements by the UK and Europe provides an opportunity to examine the U.S.’s ESTA framework and compare it with the ETA and ETIAS.
The U.S. Department of Homeland Security (DHS) established ESTA as part of the mandate of the Implementing Recommendations of the 9/11 Commission Act of 2007. ESTA determines eligibility for visitors to travel to the United States pursuant to the Visa Waiver Program, which is available to nationals of the UK, Ireland, Israel, Iceland, Australia, New Zealand, several European countries, as well as several countries in Asia and South America. ESTA authorizes travel to U.S. states and territories.
ESTA is typically valid for two years or for the validity period of the traveler’s passport, whichever is earlier, and allows multiple entries, with some exceptions based on citizenship. Foreign nationals entering on ESTA may stay for up to 90 days during each visit. However, if the individual travels to a neighboring country during the same trip, the entire stay, including time in Canada, Mexico, Bermuda, or Caribbean islands, cannot exceed 90 days if they initially entered through the United States. ESTA permits travel for leisure and limited business activities, but not work.
ESTA applications are completed online and collect biographic and passport information as well as details of prior criminal record, immigration violations, visa refusals, and unauthorized employment. An affirmative answer to certain questions will result in ESTA denial and the individual will need to apply for a U.S. visitor visa.
Prior travel to certain countries may disqualify ESTA eligibility. ESTA is not available for individuals who have traveled to Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, or Yemen (after March 1, 2011) or Cuba (on or after January 12, 2021), as well as dual nationals of Cuba, Iran, Iraq, North Korea, Sudan, or Syria. Limited waivers are available for journalists, diplomats, military, humanitarian workers, and certain business travelers.
Typically, ESTA applications are reviewed within 72 hours or less but may take longer. If approved, individuals may travel to a U.S. point of entry where CBP determines final admissibility.
The UK’s ETA resembles ESTA and is currently available to nationals from a few countries. ETA is linked to the traveler’s passport for two years, allows multiple entries, and must be completed online or through an app. Review time is around 3 days, but it is permissible to travel while the application is pending. As with ESTA, approved travelers will need to see a U.K. Border Force officer for final determination regarding admissibility. Like ESTA, a criminal record or prior travel to certain countries may disqualify an individual and require a U.K. visa.
There are differences between U.S.’s ESTA and U.K.’s ETA programs. ETA allows visitors to stay in the United Kingdom for up to 6 months and in addition to tourism and business activities, short-term study, and some paid engagements are allowed.
Starting next year, visa-exempt individuals traveling to Europe will need to apply for travel authorization through ETIAS. Like ESTA and ETA, ETIAS travel authorization will be linked to the traveler’s passport. ETIAS will be valid for a three-year period unless the traveler’s passport expires earlier. ETIAS will allow multiple entries and visits of up to 90 days in any 180-day period. ETIAS permits participation in short-term study programs. Since ETIAS applies to 30 countries, it is important to understand the laws of the particular country to determine which activities are permissible.
Travelers will be required to see a border guard upon arrival for final admissibility determination, and entry will be refused if the traveler’s passport or travel document is valid for less than three months beyond their planned departure.
ETIAS applications will be completed online or through an app and are expected to be processed almost instantly. The processing time may be longer if documents or an interview are requested. Applicants are required to indicate the first country they plan to visit but once ETIAS is granted, the individual may travel to any of the 30 countries. As with ESTA and ETA, if a traveler poses certain risks, ETIAS may be denied.
However, ETIAS will have an appeal option and an option to apply for travel authorization with limited validity. This restricted version will be available when ETIAS is refused but the individual needs to travel for humanitarian reasons or to fulfill important obligations (e.g., attend a funeral, appear in court, or due to medical reasons, etc.). Entry will be permitted only to the countries specified in the authorization.
Unlike ESTA and ETA, ETIAS is not required for transit travelers. Special rules and certain exceptions will apply to family members of European Union citizens and family members of non-European Union nationals who have the right to move freely through the European Union. In short, b Because ETIAS applies to 30 countries, some of which are part of the European Union, certain rules and requirements relating to ETIAS are more nuanced than ESTA or ETA programs. While the United States has maintained an electronic travel authorization program for visa-exempt individuals for over a decade, U.S. citizens have not been subject to reciprocal requirements from most countries. As the world changes and we start to see countries implement their own travel authorization requirements, U.S. citizens who enjoy visa-free travel to many countries in the world will need to adjust their mindsets as they plan international travel.
The material contained in this article does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
Reprinted with permission from the November 7, 2024 edition of The Legal Intelligencer© 2024 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. ALMReprints.com – 877-257-3382 – reprints@alm.com.
