Foreign Office guidance on travelling to the United States

The UK Foreign Office provides specific advice on the entry requirements to visit the US. The government guidance on.

The government guidance on ESTA states: “ESTA is an automated system that determines the eligibility of visitors to travel to the US under the Visa Waiver Program (VWP). You can apply for an ESTA via the Official ESTA Application Website or using the ESTA Mobile app on android or on iOS.

“All Visa Waiver Program (VWP) travellers intending to enter the US by land, sea and air will be required to obtain an approved ESTA prior to application for admission at land border ports of entry. Individuals who are not eligible to travel under the VWP may apply for a visa at any U.S. Embassy & Consulates.

“Travellers whose sex on their passport differs from their sex recorded at birth should contact the US Embassy or a consulate in the UK for further advice.” Those who may not qualify for an ESTA visa waiver include individuals:

• who have been arrested (even if the arrest did not result in a criminal conviction)
• with a criminal record
• who have been refused admission into, or have been deported from, the US
• who have previously overstayed under an ESTA visa waiver.

Moreover, there are certain countries that visitors must not have visited on or after March 2011 to apply for an ESTA waiver. These include Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria and Yemen.

You also cannot apply for an ESTA visa waiver if you travelled to or were present in Cuba on or after 12 January 2021. An ESTA may not be sufficient for all types of business travel – particularly if you are travelling on behalf of a US company.

The Foreign Office further advises: “Please check the rules on the ESTA website carefully. If you are not eligible for an ESTA, you must instead apply for a US visa.

“Travelling on an ESTA when ineligible can lead to detention and deportation by the US authorities.”

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