Part 6: Miscellaneous Section 75: Electronic Travel Authorisations (ETAs)
Overview: This section enables the Secretary of State to require individuals who do not need a visa, entry clearance or other specified immigration status to obtain permission to travel, in the form of an Electronic Travel Authorisation, in advance of their journey to the UK. This section will also build on existing legislation to incentivise carriers to check passengers are in possession of an Electronic Travel Authorisation, where so required, or risk a civil penalty.
	Background: The UK Government is committed to strengthening the security of the UK border by ensuring that everyone wishing to travel to the UK (except British and Irish citizens) has permission to do so in advance of travel. This section will provide for the creation of an Electronic Travel Authorisation scheme to close the current gap in advance permissions and enhance the Government’s ability to screen people in advance of arrival and prevent the travel of those who pose a threat to the UK.
	The type of permission a person has will depend on their individual circumstances. For those coming or returning to the UK, having been granted leave to enter or remain, their permission to travel to the UK will be their immigration status as evidenced by an entry clearance, biometric residence document or other physical document or digital status. These individuals will not be expected to obtain an Electronic Travel Authorisation.
	The requirement to obtain an Electronic Travel Authorisation will also not apply to British and Irish citizens, who do not require leave to enter or remain in the UK. Their permission to travel will be their nationality, demonstrated by their passports
	At present, non-visa nationals (including EEA citizens) coming to the UK for up to six months as visitors (and in limited other categories) can travel to the UK solely on the basis of their nationality, evidenced by their passport or other travel document. This information is sent to the Government by the majority of carriers as Advance Passenger Information shortly before the individual embarks on their journey. This means that UK border control and law enforcement authorities have less information and time to assess the risk posed by most non-visa nationals in advance of their arrival in the UK.
	This section will provide for the creation of an Electronic Travel Authorisation scheme, requiring individuals who do not need a visa, entry clearance or other specified immigration status to obtain a valid Electronic Travel Authorisation before travelling to the UK. The intention is to close the current gap in advance permissions and enhance the Government’s ability to screen arrivals and prevent the travel of those who pose a threat to the UK. There will be no right of appeal against a decision to refuse an Electronic Travel Authorisation. Those who are considered unsuitable for an Electronic Travel Authorisation may apply for a visit visa if they still wish to travel to the UK.
	To protect the integrity and security of the Common Travel Area, this section also provides for the Secretary of State to make regulations to recognise an Electronic Travel Authorisation issued by a Crown Dependency and allows the Secretary of State to administer the Electronic Travel Authorisation scheme on behalf of a Crown Dependency, if requested to do so. As now, those arriving in the UK via the Common Travel Area must continue to enter in line with the UK’s immigration framework including the Electronic Travel Authorisation (ETA) requirement.
	Subsection (2) inserts a new section 11C and 11D into Part 1 of the Immigration Act 1971,
	Subsection (3) makes consequential amendments to section 24A of the Immigration Act 1971.
	Subsection (4) makes consequential amendments to section 33 of the Immigration Act 1971.
	Subsection (5) makes consequential amendments to section 82 of the Immigration and Asylum Act 1999.
	Subsection (6) makes consequential amendments to section 126 of the Nationality, Immigration and Asylum Act 2002.