ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION

 We use cookies to provide better user experience, and share info with our technology partners to analyze our website performance. By using our website, you agree that we will store data in cookies as outlined in our Privacy Policy.

 If you're planning a visit to the United States for business, tourism, or transit, and you’re a citizen of a Visa Waiver Program (VWP) country, you may be eligible to apply for an ESTA visa for the USA. While it’s commonly referred to as an "ESTA visa," it's important to understand that ESTA is not technically a visa. Instead, it is an Electronic System for Travel Authorization that allows travelers to enter the U.S. for short stays (up to 90 days) without needing a traditional visa.

 ESTA is an automated system used to determine the eligibility of travelers to visit the U.S. under the Visa Waiver Program (VWP). It allows citizens from participating countries to travel to the U.S. for tourism, business, or transit purposes without needing a U.S. visa. However, ESTA is only valid for stays of up to 90 days.

 The purpose of ESTA is to screen travelers before they board their flight to the U.S., ensuring that they meet the necessary entry requirements. ESTA applications are processed quickly and can usually be approved within minutes, though it’s recommended to apply at least 72 hours before your flight.

 After filling out the application form, you’ll have the opportunity to review all the information you entered. It’s crucial to ensure that everything is correct before submitting, as errors can delay the process or result in a rejected application.

 There is a fee of $14 USD for processing your ESTA application. This fee must be paid online through the ESTA website using a credit or debit card. After completing the payment, you will be directed to the final step of your application.

 Once the payment is completed, click the "Submit" button to send your application for processing. In most cases, ESTA approvals are granted within minutes. However, some applications may take up to 72 hours for processing, so it’s important to apply well in advance of your travel date.

 Once your application is approved, you’ll receive an email notification confirming your ESTA status. Your ESTA approval is electronically linked to your passport, and you do not need to print it out or bring it with you. However, you may want to keep a copy for your records.

 An approved ESTA is valid for two years or until your passport expires, whichever comes first. During this time, you can visit the U.S. multiple times without needing to reapply for ESTA, as long as each visit is for 90 days or less and your travel purpose remains within the conditions of the Visa Waiver Program (tourism, business, or transit).

 If your ESTA application is denied, it does not automatically prevent you from visiting the U.S. You can still apply for a traditional U.S. visa, but the process will be more detailed and will involve an interview at a U.S. embassy or consulate. The reason for the denial is typically not disclosed, but it may be due to a criminal history, previous immigration violations, or inaccurate information on your application.

 While ESTA is quick and convenient, it is not a substitute for a full U.S. visa. If you plan to stay in the U.S. for more than 90 days, or if you are traveling for reasons other than tourism, business, or transit, you will need to apply for a U.S. visa. The visa application process involves filling out the DS-160 form, paying the visa application fee, and attending an interview at a U.S. embassy or consulate.

 Now that you know how to apply for an ESTA visa for the USA, you're one step closer to your journey. The application process is simple and can be completed online in just a few minutes. Make sure to apply in advance to avoid any last-minute hassles.

 In 2015, over 4.9 million people visited the US from the UK. A significant number of these will have some form of criminal record. Many people successfully apply for a visa through the US Embassy but many will simply choose to travel under the Visa Waiver Program (VWP) without declaring their criminal record.

 Historically, travel under the VWP has been free. However, under a new US law that became effective on 4th March 2010, a fee of at least $10.00 is to be charged for each authorisation under the Electronic System for Travel Authorisation (ESTA) for visa-free travel to the United States.

 Since 12th January 2009, you have to register with the Electronic System for Travel Authorisation (ESTA) via the system’s website before you travel. Effectively, the ESTA replaces the previous requirement for you to fill in a green visa waiver form every time you enter the US. Instead, the ESTA is valid for multiple entries over a two-year period as long as you do not change passports in the meantime. Since January 2010, VWP travellers who have not obtained approval through ESTA should expect to be denied boarding on any air carrier bound for the United States.

 You may travel under the VWP if you have received an authorisation to travel under the VWP through the Electronic System for Travel Authorisation. The ESTA process asks questions regarding criminal convictions. If you answer ‘yes’ to the questions that are asked during the ESTA process (see here for further information) regarding convictions, you will be told that you are not eligible to travel under the VWP and will instead have to apply for a visa.

 The United States does not have access to the Police National Computer (see the FOI response below). The security services do share information about high-profile crimes, serious offences or if someone is a security risk, but this is not done as a matter of routine.

 If you attempt to travel under the Visa Waiver Program and as a result have to make a false declaration to the questions asked as part of the Electronic System for Travel Authorisation (ESTA) process, you are potentially committing a criminal offence under US law. In particular, two areas of law are relevant:

 Taking the decision to lie can make it more difficult to apply for a visa in the future as any visa application will highlight the fact that you’ve travelled ‘illegally’ in the past (this would presumably throw into doubt any claim you make to be a law-abiding citizen). If you think that there’s a chance that you may want to live or work in the US in the future, then lying on the ESTA form may not be the right decision for you.

ESTA Application

 On a similar note, I would like to ascertain, within the response to my request for the information above, if the United States authorities (whether the US Embassy in the UK or the US Security department) have access to criminal conviction information of individuals who travel to the US without the individual concerned having previously applied for a Police Certificate under the Visa Scheme that is in place through the US Embassy.

 In short, I would like to know how the US authorities are able to ascertain whether an individual from the UK has a criminal record. This presumably relates to any agreements that are in place between the US authorities and the Home Office for sharing of such information, and it is these agreements that I would like to receive copies of.”

 The Home Office does not hold a copy of any agreement by which information on the Police National Computer (or other criminal conviction-related information) is shared with the United States. We are however aware of the general process by which information is shared. In deciding to release the information we have considered that the public interest in relation to the exemptions set out in Section 31(1)(a) [the prevention and detection of crime] and 31(1)(b) [the apprehension and prosecution of offenders] of the Freedom of Information Act falls in favour or providing the information.

 The public interest reason in favour of withholding the information is to make sure that those who have committed crimes or who have otherwise come to the attention of the law enforcement authorities in each country are not aware that information is shared between the United States and the United Kingdom. The Public Interest Test arguments in favour of disclosure are that it is important for members of the public to be aware that information is shared between the two countries. By doing this the public can be re-assured that criminals are not able to escape justice by moving country, or by committing crimes in a country that is not that of their nationality. In this case the public interest argument in favour of withholding the information is outweighed by the arguments in favour of releasing the information.

 The United States authorities do not have routine access to criminal record information held on the Police National Computer nor is the Police Certificate Process routine access to the PNC by the American Authorities. The Police Certificate arrangements are with the individual applicants who may or may not choose to subsequently share the content of the certificate with the US authorities. Further information on the ACRO Police Certificate Process can be found on the ACRO website at http://acpo.police.uk/certificates.asp and on the application form page of the same website at http://acpo.police.uk/Certificates/Application%20Form%208.doc.

 Criminal conviction information on US Nationals who have been convicted of offences in England and Wales is extracted from the Police National Computer and sent, via Interpol channels to the United States in cases where there are fingerprints available and when the conviction is for imprisonment for 12 months or more or the offence is against national security or where sharing would be in the interest of pubic protection.”

 “Whoever knowingly forges, counterfeits, alters or falsely makes any immigrant or non-immigrant visa, permit, border crossing card, alien registration, receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorised stay or employment in the United States, or utters, uses, attempts to use, possesses, obtains, accepts, or receives any such visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorised stay or employment in the United States, knowing it to be forged, counterfeited, altered, or falsely made, or to have been procured by means of any false claim or statement, or to have been otherwise procured by fraud or unlawfully obtained; or

 Whoever, except under direction of the Attorney General or the Commissioner of the Immigration and Naturalization Service, or other proper office, knowingly possesses any blank permit, or engraves, sells, brings into the United States, or has in his control or possession any plate in the likeness of a plate designed for the printing of permits, or makes any print, photograph, or impression in the likeness of any immigrant or non-immigrant visa, permit or other document required for entry into the United States, or has in his possession a distinctive paper which has been adopted by the Attorney General or the Commissioner of the Immigration and Naturalization Service for the printing of such visas, permits, or documents; or

 Whoever, when applying for an immigrant or non-immigrant visa, permit, or other document required for entry into the United States, or for admission to the United States personates another, or falsely appears in the name of a deceased individual, or evades or attempts to evade the immigration laws by appearing under an assumed or fictitious name without disclosing his true identity, or sells or otherwise disposes of, or offers to sell or otherwise dispose of, or utters, such visa, permit, or other document, to any person not authorised by law to receive such document; or

 Whoever knowingly makes under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document which contains any such false statement or which fails to contain any reasonable basis in law or fact –

 Shall be fined under this title or imprisoned not more than 25 years (if the offence was committed to facilitate an act of international terrorism (as defined in section 2331 of this title), 20 years (if the offence was committed to facilitate a drug trafficking crime (as defined in section 929 (a) of this title), 10 years (in the case of the first or second such offence, if the offence was not committed to facilitate such an act of international terrorism or a drug trafficking crime), or 15 years (in the case of any other offence) or both.”

 An ESTA visa waiver is an online form you fill in before you travel to make sure you’re eligible to visit the USA. It’s part of the Visa Waiver Program, which allows travellers from certain countries to travel to the USA without a visa.

 Even if you’re only passing through the USA, you’ll still need an ESTA if you’re travelling by plane or ship. If you’re entering over land – perhaps from Canada – you’ll need to fill in a different form, unless you already have a valid ESTA.

 As well as applying for an ESTA visa waiver ahead of travel, make sure you also have worldwide travel insurance that includes the USA. Medical treatment across the pond is the most expensive in the world. You won’t be able to access free healthcare like the NHS and there’s no GHIC arrangement in place like with many European countries.

 To apply for an ESTA, visit the official ESTA application page, where you’ll be asked a few questions to determine your eligibility. Avoid third-party sites, which might charge extra fees to process your application. It’s not necessary and you don’t want to pay more than you need to.

 If you’re wondering when to apply for an ESTA, it’s sensible to do so before you book your flights. That way you won’t be left out of pocket if your application is rejected. If you book your trip through a travel agent, they might organise your ESTA for you to save you the trouble.