Saturday, June 15, 2019

How is My Travel Insurance Affected by the ESTA?


As of January 12th 2009, the US government has made it mandatory for any visitor to the United States from countries under the Visa Waiver Program (such as Australia, Japan and Europe) to complete the I-94W form, as part of the Electronic System for Travel Authorization. This has caused problems for some travellers who are not used to the new system and have arrived at their US port of entry expecting to fill in the traditional paper-based form, and promptly being told that they can no longer do so.

Additionally, it seems that a spate of gap year travellers have recently found that once they had returned home and tried to claim for the costs of repatriation on their travel insurance, they have not been able to do so.

This has sparked a series of statements from insurance and travel companies alike highlighting the importance of signing onto the esta uswebsite and filling out the necessary forms up to 72 hours before departure. This is because if the traveller is refused entry, not only is it unlikely that they will be able to claim back any costs of their flights home, but they won't be awarded a payout for price of accommodation etc., should they use ignorance as an excuse and not have submitted the correct documentation.

The ESTA has been introduced to make the US safer in a post 9/11 climate but has met some criticism by business travellers used to booking last minute flights. The online form does not differ too much from the traditional original paper version and focuses on questions such as: Have you ever been or are you now involved in espionage or sabotage; or in terrorist activities; or genocide; or between 1933 and 1945 were you involved in any way, in persecutions associated with Nazi Germany or its allies? And: Have you ever been excluded and deported?

Similar to the need to admit past convictions when purchasing a typical home or car insurance policy, it is also required that convictions concerning moral turpitude and controlled substances be disclosed and may well affect likelihood of entry. Therefore it is advised that travellers who have been convicted in the past should consult a US immigration lawyer before filling in the ESTA.

What's the Deal With ESTA? Visa Waiver Travelers, Listen Up



ESTA is a web-based data collection system, initially launched by the Department of Homeland Security in August 2008, which determines the preliminary eligibility of visitors to travel "visa-free", under the VWP, prior to traveling to the United States.

According to recent DHS data, more than 1.2 million ESTA applications have been received, and over 98% of applicants have been approved. DHS further states that will take a 'reasonable approach' to travelers who have not obtained an approved travel authorization via ESTA, and will continue an aggressive advertising and outreach campaign throughout 2009.

Travelers without an approved ESTA are advised, however, that they may be denied boarding, experience delayed processing, or be denied admission at a U.S. port of entry.

The citizens or nationals of the following countries are currently eligible to travel to the United States under the VWP: Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

Eight of these countries joined the VWP in 2008, and their citizens and nationals have been required to comply with an ESTA since their designation as VWP participants: the Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, Slovakia and Malta.

There has been some degree of confusion as to when and how formulaireestaapplies. In brief, ESTA only applies to foreign nationals (Non-U.S. citizens) who are eligible to travel to the United States under the terms and conditions of the Visa Waiver Program, without a Visa or Green Card, or other government-issued permission.

Any person who needs a visa or has a visa already does not need to complete the ESTA process prior to traveling to the United States. Essentially anyone who would complete a WHITE I-94 card at arrival in the U.S., does not participate in ESTA. On the flip side, anyone who would normally complete a GREEN I-94W card at arrival in the U.S. MUST now complete ESTA.

While the demandeestais geared to eventually phasing out paper I-94W cards altogether, it is CBP's current advice and recommendation to complete BOTH, the ESTA online, AND the paper I-94W card for inspection. It is further recommended that the ESTA-traveler bring a paper printout of their ESTA application response in order to maintain a record of their ESTA application number.

The ESTA application Web site has been made available in several languages and helps to guide VWP travelers through the application process.