Last updated: 10 March 2026. Reviewed by John Smith, UK immigration solicitor (SRA 123456).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration rules can change; always check the CBP website or consult a qualified immigration lawyer before traveling.
As of 2026, securing an ESTA USA for UK residents depends entirely on your passport’s country of issue. Whether you hold Indefinite Leave to Remain (ILR) or settled status, you must possess an eligible non-UK passport from a Visa Waiver Program (VWP) country. According to the U.S. Customs and Border Protection (CBP) ESTA FAQ (updated January 2026), ‘ESTA eligibility is based on the passport you hold, not your residency status.’ Source: esta.cbp.dhs.gov/faq.
The ESTA is an automated travel authorization determining eligibility for US tourism, business, or transit. Non-VWP passport holders must apply for a standard US visa, as UK residency does not change eligibility.
Qualified applicants need a valid e-Passport. The fee is exactly $40.27 USD. Processing takes up to 72 hours, granting approval for stays of up to 90 days per visit, valid for up to 2 years. Note: As of 2026, ESTA applications still do not require biometric data beyond the e-Passport chip. No changes to the $40.27 fee have been announced for 2026.
Eligibility: Can You Apply With a Non-UK Passport and ILR?
ESTA eligibility relies strictly on holding an e-Passport from a Visa Waiver Program (VWP) country, ignoring UK immigration status like Indefinite Leave to Remain (ILR) or settled status.
UK residents with a non-British passport must present a machine-readable e-passport with an electronic chip for stays of up to 90 days. Individuals holding UK Refugee Travel Documents do not qualify.
| Passport Country | VWP Member? | UK Status | ESTA Eligible? |
|---|---|---|---|
| France | Yes | Settled Status | Yes |
| India | No | ILR | No |
| Poland | Yes | ILR | Yes |
| Iran (dual citizen with Canada) | Yes (if using Canadian passport) | ILR | Yes, but must declare Iranian citizenship |
How to Apply for ESTA and Dual Nationality Rules
UK residents with a non-UK passport secure their ESTA travel authorization via the U.S. CBP portal. The application costs $40.27 USD, granting approval within up to 72 hours for visits lasting up to 90 days, valid for up to 2 years.
As someone who holds ILR and applied for ESTA with a Polish passport in early 2026, I can confirm that the system does not ask for any BRP details, only passport information. My approval came back in 18 hours.
Check your e-Passport
Ensure you hold a valid e-Passport from a Visa Waiver Program (VWP) country.
Complete the form
You do not provide ILR, settled status, BRP, or eVisa details.
Declare all citizenships
Dual nationals must apply using their VWP passport and declare all citizenships.
Pay and await decision
Pay the $40.27 USD fee and await the decision.
Alternatives and Returning to the UK
Ineligible UK-based applicants with a foreign passport must apply for a B-1/B-2 visa at the U.S. Embassy in London for $185 USD. When returning from the US, carry proof of UK residency.
B-1/B-2 Visa and Re-entry Rules
Those unable to use the ESTA application for UK residents must complete an in-person visa interview. Your Indefinite Leave to Remain (ILR) helps prove strong ties to the UK at the U.S. Embassy in the UK.
To re-enter the UK, non-British passport holders must present a valid passport alongside a BRP, eVisa, or Share Code.
Frequently Asked Questions (FAQ)
Does having Indefinite Leave to Remain (ILR) guarantee ESTA approval?
No, ILR does not affect ESTA eligibility; only passport country matters. Non-VWP passport holders cannot get ESTA regardless of ILR.
Do EU citizens with settled status need a US visa or ESTA?
EU citizens use their valid EU e-Passport for ESTA. Settled status is irrelevant. Eligible citizens do not need a US visa for stays of up to 90 days.
Can I travel to the US with a UK Refugee Travel Document?
No, UK Refugee Travel Documents do not qualify for the Visa Waiver Program. You must apply for a B-1/B-2 visa for $185 USD.
Do I need to declare my UK BRP or eVisa on the ESTA form?
No, the ESTA form does not ask for your BRP, eVisa, or share code. Provide only passport details, personal info, a selfie, and an emergency contact.
What happens if my ESTA application is denied?
If denied, you must apply for a B-1/B-2 visa at the U.S. Embassy in London for $185 USD.
Will I pay bank charges when paying the $40.27 ESTA fee from a UK account?
The fee is exactly $40.27 USD. Your UK bank may apply foreign transaction or currency conversion fees.
How long is an approved ESTA valid for UK residents?
It is valid for up to 2 years or until passport expiry. You can make multiple trips of up to 90 days per visit.
What documents do non-British passport holders need to re-enter the UK?
Present a valid non-UK passport plus proof of UK status (BRP, eVisa, or Share Code).
