Section 76 of the Nationality and Borders Act 2022 will take effect on 20 March 2026 under commencement regulations. The provision extends the carriers’ liability regime so that a charge can be issued where a passenger arrives without a required Electronic Travel Authorisation (ETA). The measure applies UK‑wide. (legislation.gov.uk)
According to the Act’s Explanatory Notes, Section 76 builds on the existing scheme by incentivising carriers to verify permission to travel prior to boarding-whether an ETA, a visa, or digital immigration status-and provides a statutory excuse where checks were not possible through no fault of the carrier. It does this by amending section 40 of the Immigration and Asylum Act 1999. (legislation.gov.uk)
This commencement follows full enforcement of the ETA scheme from 25 February 2026. The Home Office has confirmed that, from that date, travellers who need an ETA or eVisa must obtain it before departure and carriers are expected to prevent boarding where digital permission is absent. Government statements also refer to 85 affected nationalities. (gov.uk)
Exemptions remain. British and Irish citizens do not need an ETA. Individuals who already hold a valid UK visa or eVisa do not require an ETA, and some categories-such as certain crew and specified operational roles-are exempt from obtaining permission to enter. The Home Office also confirms that airside transits that do not pass UK border control currently do not need an ETA. (gov.uk)
Financial exposure for operators sits with section 40 of the Immigration and Asylum Act 1999. Current Border Force guidance states a charge of £2,000 per passenger may be imposed for bringing someone to the UK without proper documents, with defined processes for representations, objections and appeal. Section 76 extends this regime to cases involving missing ETAs. (gov.uk)
The Authority to Carry Scheme 2023 sits alongside these changes and directs carriers to prevent travel by inadequately documented passengers. Home Office guidance makes clear that individuals who require, but do not hold, an ETA should be treated as inadequately documented for the purpose of pre‑departure controls. (gov.uk)
Operationally, carriers should ensure systems confirm permission to travel before issuing boarding passes. Where a passenger claims to hold digital status but it cannot be verified, operators are advised to contact the Border Force Carrier Support Hub, as set out in eVisa guidance to avoid wrongful refusal or carriage. (gov.uk)
For dual nationals, the Government has restated in Parliament that British citizens do not and cannot obtain an ETA; they must travel on a valid British passport or present a Certificate of Entitlement to the right of abode. Ministers also described time‑limited, discretionary mitigations communicated to carriers, including acceptance of certain expired UK passports, though acceptance remains an operational decision for carriers. (hansard.parliament.uk)
Linked changes to documentation are also moving to digital formats. The Home Office has announced that Certificates of Entitlement will be issued digitally from 26 February 2026, reducing the need for repeat applications when passports are renewed. (gov.uk)
Next steps are time‑critical. Pre‑boarding verification has applied since 25 February 2026; from 20 March 2026, carrying a passenger who requires but lacks an ETA may attract a section 40 charge. Travellers are advised to apply via the UK ETA app and allow up to three working days; the ETA costs £16 and is generally valid for two years or until passport expiry. (gov.uk)