I read a post from 2024 regarding the new requirements for the ETA for Scotland. My significant other and I are having the same issue as the couple in the previous post. He has a 40 year old felony conviction for bringing marijuana into the United States. He served 3 years and since then has been a model citizen. He owns his own business as well as working for a well known company for over 20 years. His ETA was denied and he was instructed to apply for a visa which he did. He supplied all of the requested information including reinstatement of his rights which he obtained approximately 5 years ago. He was denied the visa. Does anyone know if this can be appealed and how to do so? Thank you for any help or insight that can be provided. I also read that the ETA will begin being used in other countries sometime in 2026.
Posted by
Virginia, USA
6239 posts
See if this applies:
https://www.gov.uk/ask-for-a-visa-administrative-review
Posted by
Edmonds, WA 🌨 ☂
12775 posts
https://www.gov.uk/immigration-asylum-tribunal
Appeal a decision online
You can only appeal to the tribunal if you have the legal right to appeal - you’ll usually be told if you do in your decision letter.
Talk to a solicitor or an immigration adviser if you’re not sure.
Read the guide on representing yourself if you’re not going to have a legal representative.
Your decision letter will usually tell you if you can apply for an administrative review and if you do not have the right to appeal.
That should give you a start
I also read that the ETA will begin being used in other countries sometime in 2026.
Suspect you are referring to ETIAS, which is for the Schengen zone countries
https://travel-europe.europa.eu/etias
EDIT-- Did the decision/denial letter indicate if an appeal was possible?
Posted by
Oxford, United Kingdom
5580 posts
Introduction of the ETA itself did not change inadmissibility rules for people with a criminal conviction involving a prison sentence of over 12 months. There is no time limit in the rules for this to be disregarded.
The criminality rules were tightened back in December 2020; before then people sentenced to 12 months but less than 4 years were admissible after a period of 10 years had elapsed.
Posted by
OP
Georgia
3 posts
Thank ya'll for your assistance. I have read all I can regarding this issue and he has been denied administrative review and an appeal. I find this baffling. The felony offense was 40 years ago, no weapons involved, he smuggled marijuana into the United States, was convicted, served 3 years and had his rights restored. I might be able to understand his denial if he committed some heinous crime but this implementation of the ETA seems a little extreme. He will not be going to Scotland with me which is so very frustrating. We have booked and paid for the trip, it never occurred to us that his ETA and then his Visa would be denied. He went to England (pre ETA) 8 years ago when his son went to Harvard for a semester. We are considering applying for a pardon but it will not expunge his record so I doubt that will help for future travel. Anyone planning a trip to the UK should have their ETA approved prior to booking!
Posted by
The Heartland USA
9377 posts
I believe that the US has similar prohibitions for foreigners entering the US.
Posted by
Arctophilia, Northamptonshire, England
35516 posts
the ETA failure may have saved him some money.
As said above by Marco, it isn't the ETA stopping him - it is the tighter border controls implemented between his previous trip and now. Instead of not being able to get in at Border Force control after landing and being sent back on the next plane after perhaps a detention while waiting, he has been stopped before going to the airport.
The ETA simply reviews the same criteria that the Border Force official would on arrival.
Posted by
OP
Georgia
3 posts
Better to know that you can't go before you go! Still very disappointing that we won't be going to Scotland together. It also means there are other places that we will not be able to go to after 2026. Thank you everyone.