UK ETA application

You can refer to the guidance that Border Force uses to assess applications - ETA 2.2.(a) and (b) of the Immigration Rules Appendix Electronic Travel Authorisation:

Under "self-declared criminality", you will be refused an ETA if:

".An application for an ETA must be refused where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more; or
(b) has been convicted of a criminal offence in the UK or overseas unless more than 12 months have passed since the date of conviction."

It appears your son doesn't meet the second criteria. Assuming he didn't receive a custodial sentence of 12 months or more, he should be clear on the first as well.

The questions asked in the application are:

"-have you been convicted of a crime in the last 12 months?
- have you ever had a prison sentence of more than 12 months?"

There is also some guidance on eqvivalence (ie it has to be an offence in the UK as well as overseas but that's not relevant in your son's case.

Hope that helps.

There is only one way to find out and that is to apply for an ETA and see what happens. The risk is you lose £10.

It’s HM Government who will decide not random people on the internet.

Or, what you can do is contact the nearest British consulate and ask. Even if he would be refused for an ETA, he could apply for a special visa. If he gets that, he wouldn't need at ETA.

@ jparrott

I am intrigued. Which state regards a drunk driving conviction as a misdemeanor. Maybe a misunderstanding of legal definition on your part? Who classified a conviction as a misdemeanor?

I agree your son is stupid.

Regards Ron

I don’t think you will have any problems. I doubt he had a custodial sentence of more than 12 months and the conviction was more than 12 months ago. Just answer ETA questions honestly. You are overthinking this.

@ Tassie, in my state (Missouri) it's a misdemeanor, unless it's a repeat offense or various other factors, and age is a factor. Not that I know from experience.

@ Stan
I am aware that every state in US sets its own laws in this regard. Which is why I am asking the question. A plethora of laws confusing to many but a freeway to wealth for those with JD or better.

From the scant information we can assume that that the young Parrot male was 20 years of age. We do not know if he crashed his car into another and caused a fatality or injury to his passenger, other party or indeed a completely innocent bystander. States have legislated different penalties for a whole raft of driving offences, depending on age. Parrot has deliberately chosen to not tell us the actual conviction and sentence.

I find myself in the great south land where we have uniform agreement on driving with alcohol in one’s system, .05. “Drink and drive you bloody idiot” is our national advertising slogan.

Prima facia, like many, Parrot has chosen to give broad brush of the facts. Actually, we have no facts. I suspect Parrot has deliberately chosen to be rather devious in the wording, even though the grammar is rubbish. Is only entitled to the opinion of unqualified rank laypersons. Which is what Parrot has so far received, and is likely to continue to receive.

Sympathy for law breakers is the prevalence of family members and other criminals. Not the innocent.

Regards Ron

@Tassie,

As the great Will Ferrell once said, "He's an angry elf. He must be a South Pole elf!"

Ha! Just kidding! Thank you for your response. First, I didn't mention those other facts (whether he crashed, injured anyone, damaged property) because they didn't seem relevant to my question. (Fortunately he did none of the three). The question on the UK ETA app that my son was using asks, "Have you ever had a criminal conviction?" I thought the U.K. would be more interested in the distinction between felony and misdemeanor, so that's why I didn't mention the other things. The difference between felony and misdemeanor means a lot here, in terms of where you're allowed to work, etc., so that's what I'm used to. You seemed incensed that I was minimizing drunk driving with the term "misdemeanor."

Second, both criminal and civil laws vary widely among the states but there's universality when it comes to first-time drunk driving offenders. All 50 states classify first-time drunk driving offenses as misdemeanors. A few states classify it as even less. In California it's always a misdemeanor. In New Jersey it's not even a crime, it's a traffic offense. Fines and penalties do increase as number of offenses increase.

@Simon, thank you for your help! He received no jail time. He had to pay a fine.

Also, unlike Simon, some of you are just rude. No I'm not relying solely on a stranger's word on the internet. But now I can copy and paste what Simon has given me into Google and confirm its authenticity. If your mothers didn't tell you, she should have: If you don't have something nice to say, don't say anything at all. (Scroll on).

The difference between felony and misdemeanor means a lot here

We don't use those terms in the UK. It is a crime or it is not a crime.

@Nigel thank you. Usually a misdemeanor here means that you won’t be incarcerated in a state prison for at least a year. You may still serve a shorter amount of time in a county jail.

Note: Editing/adding to my response for future clarity

People are making this more complicated than it is.

You will be asked two questions in the app: Actually, first you will asked if you have ever been convicted of a crime. If you answer "Yes" then you will be asked two further questions:

have you been convicted of a crime in the last 12 months?

Per the OPs information, the answer is "No"

have you ever had a prison sentence of more than 12 months (Actually, it states further within the last ten years)

To this, the OPs answer is likely also "No"

Application accepted, end of story.

The automated system only acts on "correct" answers for the form.

If for some reason you should answer affirmative to one of the questions, further questions pop up to get more information. Those are reviewed by actual people, if the conditions are not an issue (I was convicted of jaywalking), they can approve.

If you have been "convicted" of a crime in the last 12 months, before applying, you might investigate the definition of a "Crime".

For example, many traffic violations are not crimes. but civil infractions, so do not apply in this case. Based on the questions, they are concerned with felonies severe enough to warrant lengthy sentences

Thank you @Paul! I’m good now, thank you everyone.

Wait, like I stated earlier, the app asks, “Have you ever had a criminal conviction?” Are you saying he should answer no to that too? It doesn’t mention anything about 12 months etc. I wish I could copy and paste the screenshot of it for you but believe me that’s what it says.

I thought the U.K. would be more interested in the distinction between
felony and misdemeanor,

I agree that the only way to find out is to apply, meanwhile, I'm no lawyer but I believe some countries that consider drunk driving a criminal offense will automatically consider it criminal even if the country it happened in doesn't. This is something I would check in advance so there are no surprises at passport control because the ETA in itself does not guarantee entry.

I filled mine out a few days ago and I’m quite sure it just asked if you have been convicted of any crimes. I don’t believe there was any 12 month window.

crime

: an illegal act for which someone can be punished by the government
https://www.merriam-webster.com/dictionary/crime

Crime:

A crime is an act committed or omitted, in violation of a public law, either forbidding or commanding it; a breach or violation of some public right or duty due to a whole community, considered as a community. In its social aggregate capacity, as distinguished from a civil injury
https://thelawdictionary.org/crime/

Do these definitions describe what the UK is asking on the ETA application? Or does 'crime' mean something else?

Parrot, I apologise for my rude directness in asking for more information and my further questions and broadening of my thoughts. My gut feeling is that the picture is still not complete.

Circling back to your question: Is he likely to be denied an ETA, presumes the answerer has some knowledge of UK laws and their application. Not likely to be one of your fellow countrymen.

Simon has provided, pro bono, a link to ETA guidance and has courageously given, what appears as a guarded response. I usually charge for such work.

Freely available fact sheet from HM Government. https://homeofficemedia.blog.gov.uk/electronic-travel-authorisation-eta-factsheet-march-2025/

• If a person’s ETA application is rejected, they will be told the reason and can apply again.

• If a person’s ETA application is refused, they cannot appeal and instead need to apply for a visa if they still wish to seek permission to come to the UK.

So, it would seem a good idea to get it correct particularly in light of point 2.

Still cannot express an opinion on denial or otherwise.

So why did I ask further questions?

https://dui.drivinglaws.org/florida.php .

“Is a DUI a Felony in Florida?

Generally, a DUI charge is a misdemeanor in Florida. However, under certain circumstances, a DUI can be charged as a felony.

These circumstances include:

• having two prior DUI convictions, one of which occurred within the past ten years

• having three or more prior DUI convictions, regardless of when the priors occurred

• causing serious bodily injury to another person while driving under the influence, and

• causing the death of another person while driving under the influence.

Felony DUIs generally carry more severe penalties than misdemeanor DUI convictions, including the possibility of spending quite a bit of time in jail or prison. (Fla. Stat. § 316.193 (2025).)”

Please note points 3 and 4

It is always a good idea to get the verifiable facts before expressing an opinion.

I am cognizant of the farrago which is the confluence of state and federal laws.

Let us hope for a good outcome.

Regards Ron

Wait, like I stated earlier, the app asks, “Have you ever had a criminal conviction?” Are you saying he should answer no to that too? It doesn’t mention anything about 12 months etc. I wish I could copy and paste the screenshot of it for you but believe me that’s what it says.

I would try answering "yes"

The form is multilayered, if you give an answer that raises a flag, like the "Do you have a job?" question above, that then prompts a follow up question.

TLDR: The question indicating if a conviction was in the past 12 months, and about serving a 12 month sentence may be secondary questions.

If things are looking grim though, I would not submit, but seek more guidance first. Being refused, even in error, will cause problems.

I thought the U.K. would be more interested in the distinction between felony and misdemeanor, so that's why I didn't mention the other things.

HM Government is only interested in answers to the questions. They have no interest in the difference between felony and misdemeanor which have no meaning in UK law.

The distinction between a felony and a misdemeanour was abolished over 50 years ago in England. So, no the UK government isn't going to ask about that.

Yes I understand the UK doesn’t have felonies and misdemeanors but it seems they do have the distinction in mind, since they are distinguishing between sentences of longer than a year (the general difference between felony and misdemeanor sentences in the U.S.)

Just curious whether you were able to successfully get the ETA?

but it seems they do have the distinction in mind,

They do not.

Sorry I don’t believe in coincidences very often.