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The United States Visa Waiver Program permits citizens of select countries to travel to the US without a visa as long as the stay is for a period of no more than 90 days. The visit can be for a vacation or for business as long as there is no intent to seek employment, to study for credit or to seek permanent residence in the US.
As things stand there are 38 countries whose citizens are eligible for the Visa Waiver Program but the US has just tightened up the rules surrounding who, from these countries, may travel under the Visa Waiver Program.
Up until now, as long as your trip fitted the criteria mentioned above and you held a valid ESTA (Electronic System for Travel Authorization) you were pretty much all set…but it won’t be that simple for everyone going forward.
The US Department of State has released this update:
Under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):
- Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
- Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.
These individuals will still be able to apply for a visa using the regular appointment process at a U.S. Embassy or Consulate. For those who require a U.S. visa for urgent business, medical, or humanitarian travel to the United States, U.S. Embassies and Consulates stand ready to handle applications on an expedited basis.
If an individual who is exempt from the Act because of his or her diplomatic or military presence in one of the four countries has his or her ESTA denied or revoked, he or she may go to the U.S. Customs and Border Protection (CBP) website or contact the CBP information Center. The traveler may also apply for a nonimmigrant visa at a U.S. Embassy or Consulate.
Certain other travelers who fall under these new restrictions may qualify for a waiver of the requirements but each will be dealt with on a case-by-case basis. If you fall into one of the following categories you may be treated as an exception:
- Individuals who travelled to Iran, Iraq, Sudan or Syria on behalf of an international organizations, regional organizations, and sub-national governments on official duty
- Individuals who travelled to Iran, Iraq, Sudan or Syria on behalf of a humanitarian NGO on official duty
- Individuals who travelled to Iran, Iraq, Sudan or Syria as a journalist for reporting purposes
- Individuals who travelled to Iran for legitimate business-related purposes following the conclusion of the Joint Comprehensive Plan of Action (July 14, 2015)
- Individuals who have travelled to Iraq for legitimate business-related purposes
U.S. Customs and Border Protection strongly recommends that any traveler to the United States check his or her ESTA status at https://esta.cbp.dhs.gov/esta/ prior to making any travel reservations or travelling to the United States. More information is available at www.dhs.gov/visa-waiver-program.
Change To Entry Rules For Canada
Not to be left out of the mix, the US’ neighbor to the north is introducing a new entry requirement, an Electronic Travel Authorisation (eTA), for visa-exempt foreign nationals travelling to Canada by air.
The requirement comes into force as of 15 March 2016 and shares a lot of similarities with the US’ ESTA.
Starting March 15, 2016, visa-exempt foreign nationals who fly to or transit through Canada will need an Electronic Travel Authorization (eTA). Exceptions include U.S. citizens and foreign nationals with a valid visa. Canadian citizens, including dual citizens, are not eligible to apply for an eTA and are strongly encouraged to travel with a valid Canadian passport.
All eligible travellers flying to Canada from 15 March 2016 will need to apply online for an eTA before travel. The cost of the eTA is C$7 per passenger, and the validity of the eTA is five years, or until the passengers passport expires.
If you’re not sure if you need an eTA or a full Visitor Visa you can find out via this link here or by working your way through the list of counties set out on this page here.
British Citizens are not exempt from this requirement (Canada may recognise the Queen as Head of State but that doesn’t count for much nowadays) so, if you’re traveling to Canada after 15 March make sure your paperwork is in order.
You can apply for an eTA here and, to complete the online form you’ll need the following:
- A valid passport from a visa-exempt country
- You cannot apply using a Refugee Travel Document, Emergency Travel Document, Organization of American States (OAS) Travel Document or a UN Laissez-Passer.
- If you are a lawful permanent resident of the U.S. and you do not have a passport, you can apply for an eTA with:
- a valid U.S. Refugee Travel Document (I-571)
- a valid Permit to Re-Enter the United States (I-327)
- a valid machine-readable immigrant visa (I-551), endorsed with a valid U.S. Admission Stamp
- A credit card
- Visa, MasterCard, American Express, or
- A pre-paid Visa, MasterCard or American Express,
and a valid email address.
You can only apply for one person at a time. For example, for a family of three people, you will need to complete and submit the form three times.
Be aware that, even if you’re transiting through Canada and not staying in the country, you will still need to apply for an eTA.
Bottom Line
While it’s important to note the changes to the US Visa Waiver Rules they’re unlikely to affect too many people but the new regulations for Canada will.
If anyone you know is planing on traveling to via Canada this year do them a favor and remind them of the new rules that will soon be in force. Some airlines are making an effort to get the information to their travelers but that may not be enough and I suspect there will be serious issues for the more uninformed travelers out there come the March deadline.
