What criminal convictions lead to an automatic UK ETA refusal?

If you have a criminal record and you are planning to visit the UK, you may be worried about whether a past offence will block your Electronic Travel Authorisation (ETA) application. This guide explains the two main criminality rules in the Immigration Rules, the other grounds that can result in refusal, and what your options are if your ETA is refused.

This is independent general guidance, not a government service. The rules are detailed, and your personal immigration history can change how they apply to you. You should verify requirements with official sources before travel, and consider professional immigration advice if your history is complex.

The 12-month custodial sentence rule

An application for an ETA must be refused where the applicant has been convicted of a criminal offence in the UK or overseas for which they have received a custodial or suspended sentence of 12 months or more.

This rule applies to convictions in the UK and to convictions overseas. The sentence is what matters: a custodial or suspended sentence of 12 months or more triggers the refusal ground.

The Immigration Rules state that an application must be refused where the applicant has received such a sentence.

This rule is set out in Immigration Rules Appendix Electronic Travel Authorisation. The wording is mandatory: the application must be refused.

The 12-month rule for any criminal conviction

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.

What matters is the date of conviction.

If more than 12 months have passed since the date of conviction, this particular ground no longer applies on its own. However, that does not mean the application will automatically succeed. The conviction may still be relevant to other suitability grounds, particularly the non-conducive grounds described below.

The official rule uses the phrase "more than 12 months have passed since the date of conviction".

Other suitability grounds: deception, illegal entry, overstaying

Criminal convictions are only part of the suitability framework for an ETA. Several other grounds can lead to a mandatory refusal, and some of these overlap with criminal or immigration history.

Non-conducive grounds

An application for an ETA must be refused 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).

It can capture convictions that do not trigger either of the two criminality rules above, including older convictions or less serious offences. It can also capture conduct that is not criminal at all, such as associations or behaviour that the Home Office considers relevant to the public good.

Deception

An application for an ETA must be refused if, when they were aged 18 or older, the applicant used deception in relation to an immigration application (whether or not successfully), unless the Home Office holds a record that permission was subsequently granted with knowledge of the deception.

This ground applies to deception in any immigration application, not only ETA applications. It applies whether or not the deception was successful. The exception is narrow: the Home Office must hold a record that permission was subsequently granted with knowledge of the deception.

False representations in an ETA application

A separate ground covers false representations in the current or a previous ETA application. An application for an ETA must be refused where, in relation to the current or a previous ETA application, false representations were made, or false documents or false information was submitted (whether or not relevant to the application, and whether or not to the applicant's knowledge), or relevant facts were not disclosed.

It applies even if the false information was not relevant to the application, and even if it was submitted without the applicant's knowledge. It also applies to a failure to disclose relevant facts.

Illegal entry

An application for an ETA must be refused if, when they were aged 18 or older, the applicant was (or still is) an illegal entrant, unless the Home Office holds a record that permission was subsequently granted with knowledge of the illegal entry.

The exception requires a specific Home Office record. If you entered the UK illegally and later obtained permission, you should not assume the exception applies unless you have evidence that the permission was granted with knowledge of the illegal entry.

Overstaying

Overstaying can also lead to refusal, but there are limited exceptions based on when the overstaying began and how long it lasted.

An application for an ETA must be refused if, when they were aged 18 or older, the applicant overstayed their permission, unless the person left the UK voluntarily, not at the expense of the Secretary of State, and the person overstayed for 30 days or less, where the overstaying began on or after 6 April 2017.

For overstaying that began before 6 April 2017, the equivalent exception is different.

Both exceptions require that the person left voluntarily and not at the expense of the Secretary of State. The length of overstaying that can be excused depends on when the overstaying began.

Other refusal grounds

Several further grounds can lead to refusal. 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.

An application for an ETA must be refused where the applicant has failed to pay litigation costs awarded to the Home Office.

An application for an ETA must be refused if, when they were aged 18 or older, the applicant breached a condition attached to their permission, unless entry clearance or further permission was subsequently granted with knowledge of the breach.

An application for an ETA 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.

An application for an ETA must be refused if the applicant had an ETA cancelled by the Home Office under ETA 5.8, unless the Home Office holds a record that entry clearance, or permission to enter or stay was subsequently granted with knowledge of the cancellation.

What happens if your ETA is refused due to a criminal record

A person who is refused an ETA has not been refused permission to enter the UK.

However, a person can be refused entry if they require an ETA and do not have one.

Most visitors need an ETA or a visa. If you are refused an ETA and travel anyway, you can be refused entry if you require an ETA and do not have one.

UK Visas and Immigration (UKVI) cannot help with ETA enquiries over the phone.

Considering a Standard Visitor visa instead

Answering criminal conviction questions in the application

You need to answer questions about any criminal convictions, describing the type of offence, date of conviction and sentence received. The official guidance for the UK ETA app says you should describe these in as much detail as you can, including the type of offence, for example theft, assault or fraud, the date of conviction, and the sentence you received, for example a fine, community service or prison sentence.

You also need to answer questions about your address, job and other nationalities, if you have any. The application is made using either the mobile application 'UK ETA' or the specified online form 'Apply for an ETA to come to the UK'.

A separate refusal ground covers false representations, false documents, false information, and failure to disclose relevant facts.

If you omit something that is later treated as a relevant fact not disclosed, that can be a refusal ground in itself.

You should also be aware that an application which does not meet the validity requirements for an ETA application is invalid and must be rejected and not considered. This is different from a refusal on suitability grounds: a rejected application is not considered at all.

How the decision is made

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.

An application for an ETA may be granted through automated processing.

The required fee must be paid for an ETA application. An ETA costs £20. You can find more detail in our guide to how much does a UK ETA cost.

What an ETA allows and does not allow

An ETA lets you travel to the UK, Jersey, Guernsey or the Isle of Man for up to 6 months. You can get an ETA for tourism, visiting family or for certain other reasons. 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.

With an ETA you can come to the UK for a permitted paid engagement. With an ETA you can come to the UK for up to 3 months on the Creative Worker visa concession. You can transit through a UK airport if you'll pass through border control.

There are important limits. You cannot stay in the UK for longer than 6 months with an ETA. You cannot live in the UK through frequent or successive visits with an ETA.

You cannot do paid or unpaid work for a UK company or as a self-employed person with an ETA, unless you're 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.

A person holding a valid ETA may make multiple journeys to the UK, for the purpose of seeking permission to enter on arrival as either a Visitor, seeking entry for up to 6 months on each occasion, or a Creative Worker who is seeking entry to the UK pursuant to Appendix Temporary Work - Creative Worker at CRV 3.2.

An ETA does not guarantee entry to the UK. The holder of an ETA will need to obtain permission to enter on arrival in the UK. An ETA does not guarantee entry to the UK, Jersey, Guernsey or the Isle of Man.

An ETA will be valid and confer permission to travel only where the holder travels using the passport specified in the ETA application.

Who needs an ETA

Not everyone needs an ETA to travel to the UK. You usually need an ETA rather than a visa if you're from Europe, the USA, Australia, Canada or certain other countries. If you're from a country that needs a visa, you'll need to apply for a visa before travelling to the UK.

You do not need an ETA to travel to the UK if you're a British or Irish citizen. You do not need 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 to travel to the UK if you have a UK visa.

You do not need an ETA if you have permission to live, work or study in the UK, including settled or pre-settled status or right of abode.

You do not need an ETA if you're waiting for a decision on your EU Settlement Scheme application. You do not need an ETA if you're transiting through a UK airport without passing through border control (airside). You do not need an ETA if you're a child travelling on the France-UK school trip travel information form.

Practical steps after a refusal

Application requirements and process

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'. You can apply for other people. You can apply for someone else's ETA on the UK ETA app if they're with you.

On the UK ETA app you'll need to use your phone's camera to scan your passport and your face. If the photo of the face of the person applying does not meet the rules, the application may be delayed or rejected. The 'UK ETA' app is available for iPhone 7 and newer models.

You must wait until you get an email confirming you have an ETA before you travel to the UK. You can travel to the UK as many times as you want while you have an ETA.

For a fuller walkthrough of the application, see our guide to UK ETA application requirements.

The ETA application process opened on 25 October 2023 for nationals set out at ETANL 1.1(a) who intend to travel to the UK on or after 15 November 2023. The ETA application process then opened on 1 February 2024 for nationals set out at ETANL 1.1(b) who intend to travel to the UK on or after 22 February 2024. The ETA application process will open on 27 November 2024 for nationals set out at ETANL 1.1(c) who intend to travel to the UK on or after 8 January 2025.

The ETA application process will then open on 5 March 2025 for nationals set out at ETANL 1.1(d) who intend to travel to the UK on or after 2 April 2025.

An Electronic Travel Authorisation (ETA) is required by specified nationals in advance of travel to the UK. The applicant 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.

A person is lawfully resident in the Republic of Ireland if they are resident in, and entitled to reside in, the Republic of Ireland under any relevant legislation or rules which apply in the Republic of Ireland at the time of the ETA application, but a person is not lawfully resident if they may not leave or attempt to leave the Republic of Ireland without the consent of an Irish Minister.

Official sources checked

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

The facts in this guide were last compared with these official pages on 4 November 2026. Check the current page before you apply or pay.