Can I get an ETA for the UK with a criminal record?
Can I get an ETA for the UK with a criminal record?
On June 3, 2025
From April 2, 2025, an Electronic Travel Authorization (ETA) will be required for short stays (less than 6 months) in the United Kingdom with a Dutch passport. This applies to vacation and study purposes, as well as business purposes. A visa is required for longer stays or other purposes. When applying for the ETA, several personal questions must be answered and any criminal convictions must be disclosed. Which convictions must be disclosed and which do not? The ETA is similar to the ESTA for the USA, but not the same.
The application procedure
The processing of an ETA application is automated as much as possible. Applicants must complete a few short steps to verify their identity and answer a few short questions. A decision-maker from the Ministry of the Interior takes over if negative information is identified or if the applicant has disclosed a criminal record, involvement in war crimes, terrorism, or extremism. This decision-maker then determines whether the application will be approved or rejected based on a guideline.
Criminal grounds
One of the questions asked in the ETA application is whether the applicant has ever had a criminal conviction. Strictly speaking, this question only asks about convictions, but the guidelines for assessing ETA applications clearly state that not only prison sentences but also other penalties and extrajudicial settlements are taken into account in the assessment.
Criminal convictions
If there has been a previous conviction, it is then up to the applicant to provide information about that conviction: the offense must be described, the date of conviction, the country in which the conviction took place, the type of penalty imposed, and its duration. A decision-maker at the Home Office will take over the application and assess on a case-by-case basis whether the application should be approved or rejected. Convictions abroad for activities that are legal in the United Kingdom, such as homosexuality, do not need to be disclosed.
Notwithstanding the above, the application will be refused in any case if the applicant:
- has been sentenced to 12 months or more in prison for a criminal offense in the United Kingdom or abroad;
- has been convicted of a criminal offense in the United Kingdom or abroad in the past 12 months;
- has ever been involved in or suspected of war crimes, genocide, crimes against humanity, terrorism, or extremism.
It is important to note that a shorter prison sentence does not automatically disqualify an applicant from obtaining an ETA, but that each case is assessed individually by a decision-maker. Factors such as the length of the sentence and the time that has elapsed since the offense was committed are taken into account. If the applicant has multiple prior convictions, the application may also be rejected on the grounds of being a repeat offender.
Other penalties and extrajudicial settlements
Other penalties and extrajudicial settlements that are included in the criminal record must also be disclosed in the ETA application, such as penalty orders, suspended sentences, a guilty verdict without the imposition of a penalty or measure, a settlement, a community service order, or a fine (lighter penalties). These do not automatically lead to a refusal of the ETA application, but are assessed on a case-by-case basis by a decision-maker.
Municipal additional tax assessments, such as parking and speeding fines, do not need to be disclosed during the ETA application. Administrative fines and imposed (administrative) charges fall outside the scope of criminal law and do not appear to need to be disclosed.
If the applicant has received multiple fines or multiple other penalties or extrajudicial settlements within a short period of time, the decision-maker may consider rejecting the ETA application on the grounds of recidivism (see below).
Other grounds for refusal on the basis of undesirability
In addition to criminal grounds, the application will also be refused in the following cases:
- If the applicant's presence in the United Kingdom is considered not conducive to the general welfare due to their behavior, character, associations, or other reasons, for example, if there is a pattern of criminal offenses (repeated offenses) or serious crimes, concealment of criminal offenses, and provision of false information;
- If entry to the United Kingdom has previously been refused;
- If immigration rules have previously been violated;
- If the application fees have not been paid.
My ETA has been refused, what now?
A refusal of an ETA does not automatically mean that someone is not allowed to enter or stay in the United Kingdom. An ETA is a travel authorization, not a visa. Persons whose ETA has been refused can apply for a visa to visit the United Kingdom. This is important for persons with a criminal record. Unlike the automated ETA system, which relies on limited data points and does not allow applicants to provide additional context or documents, a standard visitor visa application undergoes a more comprehensive assessment of an individual's circumstances.
Disclaimer: Although this article has been compiled with the utmost care, no rights can be derived from it. The exact guidelines may be amended by the UK government (based on Guideline Electronic Travel Authorization Version 3 & 7). It is therefore important to carefully check the exact wording of the ETA application at the time of application. You are responsible for the accuracy and completeness of the information provided.
This article was updated on June 3, 2025.
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