Westminster Policy News & Legislative Analysis

Isle of Man Order extends UK ETA and carriers’ liability regime

An Order in Council made on 15 October 2025 amends the Immigration (Isle of Man) Order 2008 to bring the Electronic Travel Authorisation (ETA) scheme and the updated carriers’ liability framework into Manx law. The instrument extends to the Isle of Man and will come into force on a date, or dates, appointed by the Island’s Minister for the Treasury by separate order.

Legally, the Order extends sections 75 (Electronic Travel Authorisations) and 76 (Liability of carriers) of the Nationality and Borders Act 2022 to the Island, with modifications set out in a new Schedule 11 to the 2008 Order. Section 75 introduced Part 1A into the Immigration Act 1971 to provide the statutory basis for ETAs, while section 76 restates and modernises section 40 of the Immigration and Asylum Act 1999 on carriers’ liability.

For ETAs, the Order substitutes references to the “United Kingdom” with “Isle of Man” and “Secretary of State” with “Minister” in new sections 11C and 11D of the 1971 Act. It also tailors section 11C(5): the Minister may impose an ETA requirement on a person travelling on a local journey from the UK or the Channel Islands who already has leave there only where necessary because of differences between Manx and UK (or Islands) immigration law. This preserves routine movement within the Common Travel Area unless policy divergence justifies targeted controls.

The Order inserts a new section 11E enabling the Minister to request and arrange for the UK Home Secretary to perform functions connected with granting ETAs on the Minister’s behalf. Decisions taken under such arrangements are treated as decisions of the Manx decision‑maker, and the Minister may vary or terminate the arrangement. This aligns with the UK statutory provision that permits administration of ETA schemes for Crown Dependencies when requested.

On carriers’ liability, the Order applies the 2022 Act’s section 76 to the Island with substitutions so that duties and penalties operate in Manx law and are exercised by the Minister. Under the amended section 40 of the 1999 Act, owners of ships or aircraft may be charged £2,000 per passenger if an arriving person who requires leave lacks a valid identity and nationality document when required, or lacks a required entry clearance in electronic form, such as an ETA.

Consequential amendments update the principal Order’s schedules. Schedule 3 now modifies sections 11C and 11D of the 1971 Act for Manx purposes, Schedule 6 refreshes cross‑references and subsections within the carriers’ liability provisions following the 2022 Act changes, and a new Schedule 11 sets out the detailed substitutions and omissions that apply when sections 75 and 76 are extended to the Island.

Commencement will be by Manx order made by the Minister for the Treasury. The commencement order is subject to the Tynwald “laying only” procedure under section 34 of the Legislation Act 2015. Until that order is made, the amendments have been made but have not yet commenced in practice.

For transport operators, once commenced the practical effect is that electronic pre‑travel permission checks for non‑British and non‑Irish passengers bound for the Isle of Man will mirror the UK regime. Airlines and ferry operators should ensure booking, advance passenger information and departure‑gate processes can verify ETA status and document validity, given exposure to civil penalties, and apply any local‑journey exemptions set by the Minister.

For travellers, ETAs are an advance‑permission system that do not apply to British or Irish citizens. For others who are visa‑exempt, an ETA is a short electronic permission to travel that carriers must check before departure and which is verified at the border; those refused an ETA may still apply for a visa. The Home Office frames ETAs as strengthening border security while preserving Common Travel Area arrangements.

Policy context remains alignment with the UK framework through the principal 2008 Order. Extending Part 1A of the 1971 Act and the updated carriers’ liability provisions continues that integrated approach, while allowing the Manx Government to calibrate ETA use on local journeys and commission UK administration where efficient. Operators should watch for the Minister’s commencement order and any operational guidance issued locally and by the Home Office.