With the expansion of the UK Electronic Travel Authorisation (ETA) system, many travellers are now required to obtain an ETA before entering the UK. However, past immigration decisions can affect eligibility. Even if your nationality or passport qualifies, certain previous refusals can temporarily or permanently prevent you from applying.
Home Office Rules on Prior Visitor Refusals
ETA guidance (Appendix Electronic Travel Authorisation, specifically ETA 2.4(h)) specifies that applications must be refused if an applicant has previously been refused:
- Entry clearance,
- Permission to enter, or
- Permission to stay under Appendix V: Visitor.
The Overriding Exception
This bar does not apply if the refusal has been superseded by a later valid grant of ETA, entry clearance, or permission to enter/stay, provided the Home Office was aware of the prior refusal when issuing the new leave. This is the central mechanism for “clearing” a previous refusal and restoring ETA eligibility.
Clarifications for Visa and Non-Visa Nationals
- Visa Nationals: A subsequent grant of Entry Clearance as a Visitor (visa) will remove the ETA bar, as long as the Home Office records the prior refusal.
- Non-Visa Nationals: Those who do not require a visa to enter the UK cannot typically clear a refusal simply by being granted Permission to Enter at the border. They usually need to apply for Entry Clearance (a Visitor visa), which ensures the Home Office records the prior refusal properly and restores ETA eligibility.
Practical Implications
- A prior refusal under Appendix V initially prevents ETA approval.
- A later grant of Entry Clearance or permission to enter/stay, issued with knowledge of the refusal, resolves the restriction.
- Once such leave is granted, the traveller becomes eligible to apply for an ETA.
Non-Visitor Refusals
Refusals under immigration routes other than Appendix V: Visitor (e.g., Skilled Worker, Student) do not form a basis for refusing an ETA.
Summary
A previous Visitor visa refusal does not permanently block ETA eligibility if it is later superseded by valid leave, and the Home Office is aware of the prior refusal. Ensuring proper recording of the prior refusal during the subsequent visa application is crucial.
If you have questions about ETA eligibility after a Visitor visa refusal, or need professional assistance to ensure your situation is correctly handled, book a consultation with LawSentis today for expert guidance and support.