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Introduction

IMD Solicitors were approached for urgent assistance by an EU national who had been refused boarding on a return flight from Tunisia to the United Kingdom. The client was left stranded abroad with little understanding of why this had happened, facing distress and uncertainty. The core issue lay in a recent legislative change: the introduction of the Electronic Travel Authorisation (ETA) scheme, which from April 2025 became mandatory for EU citizens travelling to the UK without settled or pre-settled status. This is a critical situation of the impact of post-Brexit immigration regulations and the importance of being up to date on travel documents.

Factual Background

Our client, is a Polish national, had previously resided in the UK but had an application to remain refused. He had travelled to Tunisia for personal reasons, intending to return to the UKto continue preparation of his fresh application for further leave to remain. . At the Tunis airport, he was stopped during the boarding process. Following new guidelines, airline workers demanded a “share code” to validate his immigration status.  We were told that the airline crew spoke limited English, and he was unable to explain that he currently does not have a share code, but as an EU national, he is able to enter the UK temporarily, without one.

This led to a refusal to board, despite his nationality and previous residence in the UK. What the client did not realise was that under new guidelines implemented in April 2025, EU citizens without a valid immigration status in the UK must apply for and obtain an ETA before entering the country—even for short visits. As he had not applied for this authorisation, the airline, bound by carrier liability regulations, denied the travel .

Legal Analysis

Historically, EU nationals were permitted to enter the UK freely for short stays, business trips, or tourism. This right was fundamentally altered following the UK’s withdrawal from the European Union. While the EU Settlement Scheme (EUSS) allowed those already resident in the UK before 31 December 2020 to secure their rights, those whose applications were refused lost any formal immigration status.

From April 2025, the Home Office expanded its digital border strategy through the rollout of the ETA scheme. This requirement now applies to all non-visa nationals, including EU citizens, who do not hold settled or pre-settled status under the EUSS. The purpose of the ETA is to pre-screen travellers and enhance border security. Importantly, without an ETA, persons are not able to board a ship destined for the UK.

Carriers are under strict legal obligations to verify passengers’ permission to enter the UK. Failure to comply can lead to significant penalties, including fines. As such, airlines must act cautiously and conservatively when evaluating a passenger’s eligibility to travel.

Our client was unaware of these changes and had assumed that his nationality exempted him from visa or entry clearance requirements. Unfortunately,  since his EUSS application was refused, his rights to enter the UK without further documentation ceased.

Practical Considerations

The events that unfolded in Tunisia could have been avoided by seeking legal advice prior to the travel. Our client, though holding a Polish passport, no longer met the criteria for visa-free travel due to his unresolved immigration status. Even though he did not require a visa in the conventional sense, the ETA functions similarly—requiring an online application, clearance prior to boarding, and linkage to one’s passport data.

Language obstacles, a lack of accessible official information, and a lack of airport help all contributed to the confusion. Fortunately, with our guidance, the client was able to resolve the situation—but it could just as easily have been you. Without access to experienced legal support, where would you turn in such a moment?

Our Response and Resolution

Upon review of the case, our team—led by senior solicitor Jarmila Entezari—provided immediate advice and outlined the procedural steps necessary for the client to return lawfully to the UK. We assessed the viability of a new ETA application and evaluated any risks of refusal based on his prior immigration history. In parallel, we prepared supporting documents to strengthen the application and submitted representations to mitigate concerns over his travel intentions.

Within a relatively short time, an ETA was successfully obtained. However, the delay resulted in additional travel costs, accommodation expenses, and significant emotional strain for the client. This incident also prompted a review of internal case monitoring systems for ongoing EUSS clients to ensure awareness of post-refusal consequences.

Key Takeaways

• Awareness of ETA Requirements Is Essential: EU citizens without current UK status must apply for an ETA before entering the UK, even if previously resident.
• Previous UK Residence Does Not Guarantee Re-Entry: A refusal under the EUSS invalidates visa-free travel privileges.
• Carrier Checks Are Legally Mandated: Airlines will refuse boarding without confirmation of the passenger’s permission to enter the UK, as they face financial penalties for breaches.
• Legal Advice Prevents Disruption: A brief consultation could have prevented costly and distressing consequences for the client.
• Post-Brexit Travel Rules Are Not Static: UK immigration law continues to evolve. Continuous legal oversight is required for individuals with pending or refused immigration applications.

Conclusion

This example should serve as a warning to all of us about the importance of being cautious and prepared before traveling, especially for individuals with prior immigration refusals. At IMD Solicitors, we remain committed to protecting our clients’ rights and providing them with accurate, up-to-date information to avoid legal problems.

Are you unsure of your status or travel requirements? Speak to our team before you fly. Protect your travel plans and peace of mind.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

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