Analysing the Impact of the New UK Electronic Travel Authorisation on Short-Term Visitors from Hong Kong

The United Kingdom’s Electronic Travel Authorisation (ETA) scheme, which became mandatory for Hong Kong British National (Overseas) passport holders from 8 January 2025, now applies to all visa-exempt non-European visitors. This represents a fundamental shift from the previous system where Hong Kong travellers could simply board a flight to the UK without pre-clearance. The Home Office confirmed in its 2024 ETA impact assessment that the scheme is designed to digitise border security, but its practical effect on Hong Kong residents—particularly those holding BNO passports and those with Hong Kong Special Administrative Region (HKSAR) passports—merits close examination. The scheme introduces a pre-authorisation requirement for short-term visitors (up to six months) that adds a procedural step, a non-refundable fee of £10, and a potential source of delay or refusal. For the estimated 350,000 Hong Kong BNO passport holders who have applied for the BNO visa pathway since its opening in January 2021, according to Home Office data released in November 2024, the ETA requirement does not apply to those already holding valid UK visas or settled status. However, for the broader population of Hong Kong travellers—including those visiting for tourism, business meetings, or family visits—the ETA is now a mandatory pre-departure requirement. This article examines the legal framework, the procedural steps, and the practical implications for Hong Kong residents planning short-term UK travel in 2025 and beyond.

The Legal Basis and Scope of the ETA Scheme

The ETA scheme operates under the Immigration (Electronic Travel Authorisation) Order 2023 (SI 2023/1224), made under the Immigration Act 1971. The Home Office published the final version of the scheme rules on 15 November 2023, with phased implementation beginning in November 2023 for Qatari nationals and expanding to other nationalities through 2024 and early 2025.

Who Is Required to Obtain an ETA

The legislation provides that any person who is visa-exempt for short-term visits to the UK and who does not hold a valid UK visa, indefinite leave to remain, or settled status under the EU Settlement Scheme must obtain an ETA before travelling. For Hong Kong residents, this applies to:

• BNO passport holders who do not hold a valid BNO visa or another UK visa. The Home Office confirmed in its guidance published on 8 January 2025 that BNO passport holders travelling as visitors—not as visa holders—must obtain an ETA.
• HKSAR passport holders, who are visa-exempt for UK short-term visits of up to six months. The ETA requirement applies equally to them from 8 January 2025.
• Hong Kong permanent identity card holders who travel on another visa-exempt passport (e.g., Canadian or Australian passports) must also obtain an ETA if they do not hold a UK visa.

The scheme does not apply to:

• Holders of valid UK visit visas, work visas, student visas, or BNO visas.
• Persons with indefinite leave to remain or settled status.
• Holders of Irish passports or those travelling from Ireland under the Common Travel Area provisions.

The Application Process and Fee Structure

Step 1: The applicant completes an online application via the UK Government’s official ETA portal or the UK ETA mobile app. The application requires:

• A valid biometric passport (BNO or HKSAR).
• A digital photograph.
• Personal details, including travel history and criminal record declarations.
• Payment of the £10 fee (non-refundable regardless of outcome).

Step 2: The Home Office processes the application. The published service standard is three working days, but the Home Office’s operational data for 2024 indicates that approximately 98% of applications are processed within 24 hours. The applicant receives a confirmation email with the ETA reference number.

Step 3: The ETA, once granted, is electronically linked to the passport number. It is valid for two years from the date of grant, or until the passport expires, whichever is earlier. The holder may make multiple visits to the UK during the validity period, with each visit not exceeding six months.

Grounds for Refusal and Appeal Rights

The Home Office may refuse an ETA application on grounds including:

• The applicant’s presence in the UK is not conducive to the public good.
• The applicant has a criminal record that would make them subject to mandatory refusal under the Immigration Rules.
• The applicant has previously breached UK immigration law.
• The applicant has provided false information in the application.

Crucially, the legislation provides no statutory right of appeal against an ETA refusal. The only recourse is to submit a new application with additional supporting information. The Home Office’s published guidance states that each application is considered on its merits, and a previous refusal does not automatically bar a subsequent application.

Practical Implications for Hong Kong Travellers

The ETA requirement introduces a new procedural step that carries specific risks and considerations for Hong Kong residents.

Timing and Travel Planning

The Home Office advises applicants to apply at least three working days before travel. For Hong Kong travellers, this means:

• Last-minute travel plans are no longer feasible without the ETA. A Hong Kong resident who decides to fly to London for a business meeting on Monday must have applied for the ETA by the preceding Wednesday at the latest.
• The ETA application is processed online, but the applicant must have internet access and a working email address. This is not a barrier for most Hong Kong residents, but it may affect elderly travellers or those without digital literacy.
• The fee of £10 (approximately HK$100) is payable by credit or debit card. The Home Office does not accept cash or bank transfers.

Impact on BNO Visa Holders and Applicants

A significant portion of Hong Kong’s UK-bound travellers are BNO visa holders or applicants. The Home Office’s guidance is clear:

• Existing BNO visa holders do not need an ETA. Their visa grants them the right to enter the UK for the duration of their visa.
• BNO visa applicants who have submitted an application but are awaiting a decision must travel as visitors. They must obtain an ETA for the visit. If the BNO visa is subsequently granted, the ETA becomes redundant but remains valid for future visits if the visa holder travels without their BRP card.
• BNO passport holders who have never applied for a BNO visa must obtain an ETA for any short-term visit.

The practical risk for BNO visa applicants is that a refused ETA may delay or complicate their visa application. The Home Office’s published guidance does not explicitly state that an ETA refusal affects a BNO visa application, but the two applications are considered separately by the same caseworking teams.

Dual Nationality and Travel Document Issues

Hong Kong residents who hold dual nationality (e.g., Canadian, Australian, or Portuguese citizenship) must travel on the passport they intend to use for UK entry. The ETA is linked to the passport number. A Hong Kong resident holding a Canadian passport and a BNO passport must decide which passport to use:

• If they travel on the Canadian passport, they must obtain an ETA (unless they hold a UK visa).
• If they travel on the BNO passport, they must obtain an ETA (unless they hold a UK visa).
• If they travel on an Irish passport, no ETA is required.

The Home Office’s guidance does not allow an applicant to hold two valid ETAs simultaneously on different passports. The applicant must use the passport linked to the ETA when travelling.

Comparison with Other Visa-Waiver Schemes

The UK ETA is not unique. Similar systems exist in the United States (ESTA), Canada (eTA), Australia (ETA), and the European Union (ETIAS, expected to launch in 2025). Understanding these parallels helps Hong Kong travellers contextualise the UK’s requirements.

United States ESTA

The US Electronic System for Travel Authorization (ESTA) has been operational since 2008. It costs US$21 and is valid for two years. Hong Kong BNO passport holders are eligible for ESTA, but HKSAR passport holders are not. The US ESTA requires detailed travel history and has a higher refusal rate for applicants with certain criminal records. The UK ETA is modelled on the ESTA but with a lower fee and a simpler application form.

Canada eTA

Canada’s Electronic Travel Authorization (eTA) costs CAD$7 and is valid for five years. Hong Kong BNO and HKSAR passport holders are both eligible. The Canadian eTA application requires similar information to the UK ETA. The key difference is that Canada’s eTA is linked to the passport number and is valid for multiple entries, mirroring the UK system.

European Union ETIAS

The European Travel Information and Authorisation System (ETIAS) is expected to launch in mid-2025. It will apply to visa-exempt non-EU nationals, including Hong Kong BNO and HKSAR passport holders, travelling to the Schengen Area. The fee is expected to be €7, and the authorisation will be valid for three years. Hong Kong travellers should note that the UK ETA and ETIAS are separate systems; an ETA for the UK does not grant access to the Schengen Area.

Actionable Takeaways for Hong Kong Residents

1. Apply for the UK ETA at least one week before travel, not the minimum three working days, to account for processing delays or technical issues with the online system.

2. Check whether you already hold a valid UK visa or settled status before applying for an ETA; if you do, the ETA is unnecessary and the fee is wasted.

3. Do not assume that a BNO passport automatically exempts you from the ETA; the exemption applies only to BNO visa holders, not to BNO passport holders travelling as visitors.

4. Prepare your travel history and criminal record details before starting the application, as the form requires declarations that may need to be verified against your records.

5. If your ETA is refused, consult a UK immigration solicitor before reapplying, as the grounds for refusal may affect your broader immigration history and future applications.

本文不構成法律建議。涉及個人案件請諮詢持牌律師。
This does not constitute legal advice. Consult a solicitor for your specific case.