6 LAWYER MONTHLY DECEMBER 2025 travel. Carriers already face penalties for transporting passengers without proper immigration permission, and the ETA adds a further compliance obligation. Applications are typically processed through the UK ETA app, with most decisions issued automatically. Legal and Regulatory Implications Under UK immigration law, anyone entering the country must hold valid permission unless exempt. The ETA requirement formalises this principle for non-visa nationals and raises several legal considerations. Courts typically examine whether immigration measures are applied lawfully, proportionately and consistently. Questions may arise around refusals, delays or technical errors, including what remedies exist for travellers affected by system issues. Because the ETA system requires the processing of personal and biometric data, UK GDPR standards apply. Regulators may assess how data is stored, how long it is retained and whether the system offers sufficient transparency. International frameworks, including ICAO travel standards and UN human-rights principles, permit states to regulate entry provided measures remain necessary and nondiscriminatory. The Equality Act 2010 also requires that digital-only systems do not create unjustified barriers for travellers with limited digital access or disabilities. Operational and PublicInterest Considerations For carriers, enforcement means integrating ETA checks into existing Advance Passenger Information systems. While an ETA allows travel, it does not guarantee entry; Border Force officers will continue to make final decisions on arrival. The shift may affect travellers who book last-minute trips or are unfamiliar with digital systems. Authorities are expected to expand public-information campaigns and release further operational guidance before the 2026 deadline. Conclusion The introduction of mandatory ETAs marks a major change in the UK’s border and immigration framework. While intended to strengthen security and modernise entry processes, the system also raises important questions about accessibility, data protection and consistent enforcement as the UK moves toward a fully digital border. The requirement applies to non-visa nationals who previously entered the UK without advance permission, including visitors from the United States, Canada, Australia, New Zealand and EU member states. British and Irish citizens remain exempt, as do individuals travelling on valid visas or holding established eVisa status. The Home Office reports that more than 13.3 million ETAs have been issued during the initial phase. From the enforcement date, airlines and other carriers will be legally required to verify that passengers hold a valid ETA or eVisa before allowing UK to Enforce Mandatory Electronic Travel Authorisation in 2026 The UK Government has confirmed that from 25 February 2026, travellers from 85 non-visa countries will be required to obtain an Electronic Travel Authorisation (ETA) before boarding transport to the UK. The change completes the staged rollout of the ETA system, which has operated since 2023 but has not previously been fully enforced. NEWS
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