New UK ETA and carrier liability rules: what travelers need to know

From 20 March 2026, Section 76 of the Nationality and Borders Act 2022 ('NBA 2022') comes into force, expanding the UK’s Carrier Liability Scheme and placing sharper obligations on airlines, rail operators and ferry companies to check passengers’ travel permissions before departure for the UK.

This sits alongside stricter ETA (Electronic Travel Authorisation) checks, which carriers must apply from 25 February 2026.

Why these rules matter

The UK’s ETA system requires all nationals of countries able to travel to the UK without a visit visa to apply for and hold valid security clearance to travel before boarding. 

The expansion of the NBA 2022 ensures air, ferry and train carriers have the final say and can actively refuse boarding to anyone without the correct authorisation in place to be admitted to the UK. Carriers who do not fulfil their obligations risk financial penalties and/or responsibility and costs for transporting the individual back to their country of origin.

A note for British dual nationals

British citizens who hold other nationalities must enter the UK using their British passport. Using a non‑UK passport may trigger boarding refusals or delays, particularly where an ETA is not currently in place. The ETA form requires disclosure of all nationalities, and the accompanying Home Office guidance makes clear that an ETA will not be granted to a British citizen to authorise their admission with permission as a visitor, because statute prohibits the Government from imposing immigration controls on British citizens.

New reminders for UK passport holders travelling to Europe- EU Entry/Exit System, ETIAS pre-travel clearance and passport validity

In October, the EU launched its EU Entry/Exit System. This involves biometric enrolment (fingerprint and facial scanning) and checks at the external Schengen border for UK citizens and other visa exempt nationals, the system becoming fully operational by 10 April 2026. Notably, Republic of Ireland and Cyprus have opted to remain outside of the EU Entry/Exit System, while all other EEA countries (including Iceland, Norway and Liechtenstein) plus Switzerland, have opted in. 

EEA and Swiss citizens will not be subject to checks under the EU Entry/Exit System provided they are travelling with an original EEA Member State issued identity card or passport (whether or not presented to the carrier on embarkation). Ink stamps will be replaced by digital records which will remain accessible for three years. As a result of the improved entry/exit data available to participating states, travelers subject to controls should expect precise monitoring and enforcement of the cumulative 90-day limit per 180 days within the EU Entry/Exit System's operational area. It will become increasingly important for these travelers to maintain accurate and up to date records of their travel to the EEA.

UK travelers visiting 30 European countries will soon need to obtain ETIAS authorisation, through a process akin to the UK's ETA application. Each ETIAS is to be valid for up to three years. ETIAS is scheduled to be rolled out in late 2026, noting that implementation has already been delayed by more than a year.

UK passports must have more than six months’ validity in order to be accepted for travel to the EEA and several other countries. Passports must also be issued within the last 10 years. Extra validity beyond 10 years may not count. HM Passport Office no longer issues passports valid for longer than 10 years, however some travelers may still have passports issued more than 10 years ago, so it is essential to check your passport prior to travel.

How to avoid travel disruption

1.    Dual nationals with British citizenship should always use a British passport to travel to and seek admission to the UK. This includes British citizens (UK, Isle of Man and Channel Islands), British Overseas Citizens and British Overseas Territories citizens.

2.    Check if you need an ETA to visit the UK and apply early – it is valid for multiple entries up to two years from the date of issue, or the passport expiry date (whichever is sooner). Note that the requirements for biometric enrolment and ETIAS clearance will come into force in April 2026 and Q4 2026 respectively.

3.    Ensure ETA and passport details match. If multiple non-UK passports are held a separate ETA can be applied for using each passport.

4.    Renew your passport early and set reminders to renew it before it is within six months of its expiry date (or the 10th anniversary of the date it became valid, whichever is soonest).

5.    Prepare for longer check in an queues at the UK and EEA borders especially around the time that new changes come into force.

6.    Keep clear, accurate and up to date records of all trips into the UK/EEA to ensure that you have good data and can monitor cumulative time spent to avoid overstaying beyond 90 days in a rolling 180-day period across the Schengen zone or 180 days in a rolling 12 month period in the UK.

Employers should ensure that they review updated travel guidance, brief staff on changes, and ensure that executives and senior staff needing to travel frequently to the UK are supported with reminders to apply for a British passport where they are entitled to, renew their passports before they reach six months from expiry, and for overseas staff visiting the UK to apply for ETAs and set alerts to renew them in good time to avoid last minute scrambles to secure a new one before travelling.