Can You Get a UK ETA with a Criminal Record? What the Rules Actually Say

If you have a criminal record, applying for a UK Electronic Travel Authorisation (ETA) can feel uncertain. The rules are set out in the Immigration Rules, and they distinguish between serious convictions that lead to mandatory refusal and other convictions where time may make a difference. This guide explains what the rules actually say, what other suitability grounds can lead to refusal, and what to do if you think your record may be a problem.

This is independent general guidance, not a government service. Before you apply or travel, verify your situation with the official GOV.UK ETA page and, where relevant, the Immigration Rules.

Which Convictions Lead to Automatic Refusal

The clearest rule concerns custodial sentences.

This rule applies to convictions in the UK and overseas. The sentence length is what matters, not the type of offence by itself. A suspended sentence counts in the same way as a custodial sentence.

If you received a custodial or suspended sentence of 12 months or more, the ETA application must be refused.

The rule does not say that a shorter sentence can never lead to refusal. Shorter sentences may still be considered under other suitability grounds, which are explained below. But the 12-month custodial or suspended sentence threshold is the point at which refusal becomes mandatory under the criminality ground.

The 12-Month Rule for Other Convictions

There is a separate rule for convictions that do not fall within the mandatory 12-month custodial or suspended sentence ground. An application for an ETA must be refused where the applicant has been convicted of a criminal offence in the UK or overseas unless more than 12 months have passed since the date of conviction.

This means that if you have any criminal conviction, and less than 12 months have passed since the date of conviction, the ETA application must be refused. The rule does not limit itself to particular offence types or sentence lengths.

Once more than 12 months have passed since the date of conviction, this particular ground no longer requires refusal. However, that does not mean the application will automatically be granted. The decision-maker must still consider whether any other suitability grounds apply, including the non-conducive grounds described below.

It is important to use the date of conviction, not the date of the offence or the date the sentence was completed. The Immigration Rules refer to the date of conviction. If you are unsure how to calculate this, you may want to take advice or check the official wording before applying.

Other Suitability Grounds That Can Refuse an ETA

Criminal convictions are not the only reason an ETA can be refused. The Immigration Rules also require refusal where the applicant's presence in the UK is not conducive to the public good because of their conduct, character, associations or other reasons, including convictions which do not fall within the criminality grounds.

This is a broad suitability ground. It can include convictions that do not trigger the specific criminality rules, as well as other conduct or associations. Because the wording is wide, it is not possible to list every situation that might lead to refusal under this ground.

The decision-maker considers the individual circumstances of the application.

There are also mandatory refusal grounds for exclusion and deportation. An application for an ETA must be refused where the Secretary of State has personally directed that the applicant be excluded from the UK, the applicant is the subject of an exclusion order, or the applicant is the subject of a deportation order or a decision to make a deportation order.

In addition, an ETA application must be refused if the applicant has previously been refused entry clearance, permission to enter or permission to stay under Appendix V: Visitor, unless the Home Office holds a record that either a valid ETA, entry clearance or permission to enter or stay was held and was not cancelled as a result of that refusal, or a valid ETA, entry clearance, or permission to enter or stay was subsequently granted with knowledge of that refusal.

This means a previous visitor refusal can be a barrier, but there are exceptions where a later grant or an existing valid permission is recorded. If you have a previous refusal, you should consider how this rule applies to your history before applying.

What to Do If You Have a Criminal Record

If you have a criminal record, the first step is to understand which rule applies to your situation. Ask yourself:

If any of these apply, an ETA application may be refused. The official guidance on the ETA page states that if you have a criminal record or you were previously refused entry into the UK, you may want to apply for a Standard Visitor visa instead. This is not a guarantee that a visa will be granted, but it is the route the official source points to when an ETA may be unsuitable.

An ETA application must be made in accordance with the application process on the gov.uk website using either the mobile application 'UK ETA' or the specified online form 'Apply for an ETA to come to the UK'.

Before you apply, make sure you understand the uk eta application requirements. You will need the passport you will travel with, an email address, and a payment method. The current fee is £20 per applicant.

For more detail on the fee, see how much does a uk eta cost.

Not everyone needs an ETA. If you already have permission to be in the UK, such as a UK visa, indefinite leave to remain, or settled or pre-settled status, you do not need an ETA. You also do not need an ETA if you are a British or Irish citizen.

If you are unsure whether an ETA is the right application for you, check who needs a uk eta.

If your ETA application is refused, a person refused an ETA will need to apply for a visa if they wish to come to the UK. The refusal of an ETA is a refusal of the travel authorisation, not an entry refusal at the border.

This distinction matters because it affects what you should do next.

You cannot get a refund after you apply for an ETA. If you are concerned that your record may lead to refusal, it may be sensible to consider the visa route before paying the ETA fee.

Applying for a Standard Visitor Visa Instead

For some travellers with a criminal record, a Standard Visitor visa may be more appropriate than an ETA.

A Standard Visitor visa involves a fuller application process than an ETA. It is not an automatic alternative, and a visa application can also be refused. However, the visa process allows the decision-maker to consider a wider range of information and supporting documents.

This can be relevant where an ETA would be subject to a mandatory refusal ground.

Most visitors need an ETA or a visa. If you are from a country that needs a visa, you will need to apply for a visa before travelling to the UK. If you are from a country that would normally use an ETA, but you have a criminal record, the visa route may still be open to you.

The official guidance does not say that a criminal record automatically prevents a visa application; it says you may want to apply for a visa instead.

You should not assume that a visa will be granted simply because an ETA was refused. A visa application is assessed on its own merits under the relevant Immigration Rules. The decision-maker will consider your circumstances, including any criminal record, against the visa requirements.

If you are refused an ETA, the refusal does not itself count as a refusal of permission to enter. But if you then apply for a visa, the visa application will be considered on its own facts. You should answer all questions truthfully and provide accurate information about any convictions.

The ETA rules state that an ETA holder must be seeking permission to enter the UK as a Visitor, other than a Marriage/Civil Partnership Visitor, staying in the UK for up to 6 months. If your purpose is tourism, visiting family, business or short-term study, both routes can cover those activities, but the visa route involves a more detailed assessment.

If you are unsure which route to take, the safest approach is to review the official GOV.UK guidance on both the ETA and the Standard Visitor visa. Do not rely on third-party sites that promise faster decisions or guaranteed outcomes.

How the Decision Is Made

The ETA decision is made by the Secretary of State under the Immigration Rules. If the Secretary of State is satisfied the validity requirements are met and the application is not refused on suitability grounds, the applicant will be granted an ETA; otherwise, the application for an ETA will be refused.

This means the decision has two parts. First, the application must meet the validity requirements. Second, the application must not be refused on suitability grounds.

If you are granted an ETA, it does not guarantee entry to the UK. The holder of an ETA will need to obtain permission to enter on arrival in the UK. A border officer can still refuse permission to enter if there are grounds to do so at the time of arrival.

An ETA lets you travel to the UK, Jersey, Guernsey or the Isle of Man for up to 6 months. You can travel to the UK as many times as you want while you have an ETA, but you cannot live in the UK through frequent or successive visits. Each entry is a separate decision to grant permission to enter.

What an ETA Does and Does Not Allow

With an ETA you can come to the UK for up to 6 months for tourism, visiting family and friends, on a business trip or for short-term study. You can also come to the UK for a permitted paid engagement, or for up to 3 months on the Creative Worker visa concession.

There are important restrictions. You cannot do paid or unpaid work for a UK company or as a self-employed person with an ETA, unless you are doing a permitted paid engagement or event or work on the Creative Worker visa concession. You cannot marry or register a civil partnership, or give notice of marriage or civil partnership, with an ETA; you need to apply for a Marriage Visitor visa.

You cannot stay in the UK for longer than 6 months with an ETA. You also cannot live in the UK through frequent or successive visits. If your record raises suitability concerns, these restrictions do not change, but the visa route may involve different conditions.

Common Questions About Criminal Records and ETAs

Does a spent conviction still count?

The ETA rules do not use the concept of spent convictions in the same way as some domestic criminal record regimes. The rules refer to convictions in the UK or overseas and to the date of conviction.

If you have a conviction, you should consider the specific rule that applies to it.

What if my conviction was a long time ago?

For the general criminality ground, more than 12 months must have passed since the date of conviction to avoid mandatory refusal on that ground. The non-conducive ground can also apply regardless of time passed, depending on the circumstances.

Can I apply for an ETA if I am not sure about my record?

You can apply for other people. If you are unsure whether a past matter counts as a conviction, you may want to obtain your own records or take advice before applying. The application is made under the official process, and false or incomplete information can create further problems.

Will I be told why my ETA was refused?

The official rules do not set out a detailed notice format in the same way as some visa refusals. If your ETA is refused, the refusal is a refusal of the travel authorisation. You will need to apply for a visa if you wish to come to the UK.

If you need more information about the refusal, you should refer to the official communication you receive.

Practical Steps Before You Apply

If you have a criminal record and are considering an ETA, take these steps:

1. Identify every conviction and the date of conviction.
2. Check whether any conviction resulted in a custodial or suspended sentence of 12 months or more.
3. Check whether less than 12 months have passed since any conviction.
4. Consider whether you have any previous visitor refusals, exclusion orders or deportation decisions.
5. Review the official GOV.UK ETA rules and the Immigration Rules.
6. If in doubt, consider applying for a Standard Visitor visa instead.

Remember that an ETA costs £20, and you cannot get a refund after you apply. That visa application will have its own fee and process.

You must wait until you get an email confirming you have an ETA before you travel to the UK. If you have not received a decision after 3 working days, check your spam or junk email folder before contacting UK Visas and Immigration (UKVI). UK Visas and Immigration (UKVI) cannot help with ETA enquiries over the phone.

Where to Check the Current Rules

The ETA rules are set out in the Immigration Rules, specifically Appendix Electronic Travel Authorisation. Because rules can change, you should verify the current wording before you apply.

This guide does not cover every possible scenario. If your situation involves complex criminal history, previous immigration refusals, or exclusion or deportation matters, you may need specialist immigration advice. The official sources are the starting point, but they do not replace individual advice where your circumstances are unusual.

Always check the official GOV.UK ETA page before applying or travelling. The rules and fees can change, and the official page is the authoritative source for current requirements.

Official sources checked

• GOV.UK: Immigration Rules, Appendix ETA
• GOV.UK: what you can and cannot do with an ETA
• GOV.UK: Electronic Travel Authorisation (ETA)
• GOV.UK: apply for an ETA
• GOV.UK: check your ETA
• GOV.UK: when you do not need an ETA
• GOV.UK: using the UK ETA app

The facts in this guide were last compared with these official pages on 2 November 2026. Check the current page before you apply or pay.