The United Kingdom is part of the Visa Waiver Programme (VMP). There are 43 countries in total that participate in the Visa Waiver programme.

The Visa Waiver Programme permits citizens of these 43 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. In return, the 43 countries must permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes.

There are exceptions to these rules that are currently in force, and which are published on the US Department of Homeland Securities website.

What is an Electronic System for Travel Authorization (ESTA)?

An ESTA is an automated system that verifies a person’s eligibility to travel to the United States under the Visa Waiver Programme (VWP).

In order to be eligible to apply under the Visa Waiver Programme, you must possess a passport with specified security features, it must have a digital photograph of yourself printed on the data page, and your passport must also have a machine-readable zone.

Can you get ESTA Approval with a Criminal Record?

Depending on the offence, if it is “serious” or drug related, then you will need to disclose an arrest on your ESTA application, and which will most likely result in the refusal of your visa waiver, and necessitate a full visa application. The criminal records question on the ESTA application states the following:

Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority? Have you ever violated any law related to possessing, using, or distributing illegal drugs?

The US authorities currently not only require court convictions to be disclosed on the ESTA, but also cautions and arrest records. For further details about this, and what your options are, please visit our page here: Can United States of America Immigration Officials see my Criminal Record?

As with the USA, a criminal record can impact travel and work visas to other countries. For example, a police caution can also cause serious issues for residency and work visas to Saudi Arabia or China.