Key points
- From August 3, 2026, a suspended prison sentence of 12 months or more is a mandatory ground to refuse a new UK ETA or revoke an existing one.
- The change comes from Statement of Changes HC 259, laid before Parliament by the UK Home Office on July 9, 2026.
- Applications filed before August 3, 2026 are assessed under the previous rules; foreign convictions are treated the same as domestic ones.
- Failing to disclose a conviction can trigger a 10-year ban on any form of UK immigration permission.
UK closes a gap in ETA criminality screening
The UK Home Office has updated the criminality rules for its Electronic Travel Authorization (ETA). From August 3, 2026, a suspended prison sentence of 12 months or more becomes a mandatory ground for refusing a new ETA application or revoking one already granted.
The change was set out in Statement of Changes HC 259, laid before Parliament on July 9, 2026. It adds “or suspended” language to two existing ETA provisions, ETA 2.2(a) and ETA 5.2(a). Previously, only custodial sentences that resulted in actual imprisonment triggered mandatory refusal.
Who the new threshold affects
Foreign convictions are treated the same as domestic ones under the ETA framework, so a 12-month suspended sentence from any country carries equivalent weight in a screening decision.
A transitional rule applies. Applications filed before August 3, 2026 are assessed under the previous rules; only submissions from August 3 onward face the updated threshold.
Sentences below 12 months fall outside this specific mandatory ground, but they may still trigger refusal under discretionary provisions based on conduct, character, or public interest. Prior immigration violations — overstaying, breaking conditions, unauthorized arrival, or deception — also carry mandatory refusal grounds.
Disclosure matters
The ETA form includes only a 1,000-character text box for addressing criminal history and does not accept file attachments, unlike the Standard Visitor visa route, which allows written explanations and documentary evidence.
Failing to disclose a conviction can carry severe consequences, potentially including a 10-year ban on receiving any form of UK immigration permission.
What an ETA does and does not allow
An approved ETA only authorizes a traveler to board a carrier to the UK; immigration officers still conduct a separate assessment at the border. ETA holders may visit for up to six months for tourism, family visits, business meetings, or short-term study, but the authorization cannot be used for employment, long stays, public benefits, or marriage.
Travelers can review current requirements on the United Kingdom visa hub before they apply.
