ESTA statement

What is the ESTA statement for your trip to the USA?

To be able to apply for an ESTA, you must indicate agreement to the ESTA statement. This is a mandatory part of the application. In order to use the ESTA and travel to the USA without a visa, you must also meet several requirements.

Submitting your ESTA application with statement of consent

The ESTA statement is included in the digital form used to apply for the ESTA. This form can easily be completed and sent from a smartphone, tablet or computer. As a matter of fact, the ESTA statement can be divided into two parts. By agreeing to the indication in the first part, the traveller declares to meet all ESTA requirements. The second part of the statement has to do with the right to appeal or review the decision of the US Customs and Border Protection. If you agree to the ESTA statement, you waive this right.

Submit ESTA application with included Statement of Agreement

Statement that the ESTA requirements are met

Anyone who wants to travel to the USA with an ESTA has to meet certain requirements. By agreeing with the statement at the bottom of the online application form, travellers declare that they meet all these requirements, among others. A traveller who wants to apply for an ESTA:

  • has to have the nationality of a country that is part of the Visa Waiver Program, including the UK or Ireland,
  • is travelling to the USA by plane, (cruise) ship or over land (the ESTA does not comply with travel to the USA by private boat or plane),
  • has a passport that is valid during the entire duration of stay in the United States,
  • needs to have one of the allowed travel purposes, which means that the trip to the United States is made for tourism, business, a transit or transfer, or for medical reasons,
  • is allowed to stay in the USA for up to 90 consecutive days per stay,
  • has to answer all safety questions in the ESTA form correctly and truthfully,
  • has not been in Iraq, Iran, Cuba, Yemen, Libya, Sudan, Somalia, Syria and/or North Korea since 1 March 2011 (travellers with the nationality of one of these countries are also not eligible),
  • should not be excluded under the United States Immigration and Nationality Act;
  • will in no way apply for an extension of the allowed duration of stay after arrival in the United States,
  • is not allowed to live or study in the United States with this travel authorisation,
  • cannot enter into employment in the USA,
  • has to possess a ticket for the return or onward journey from the US upon arrival in the USA.

In addition, those who want to apply for an ESTA for a trip to the USA can:

  • never have given incorrect information to a public servant in service of the US government on purpose,
  • never have violated an ESTA statement,
  • have never been convicted of a serious criminal offence (in any country),
  • not await a conviction for a criminal offence (in or outside the USA),
  • not be a subject of investigation by the police or judiciary regarding the involvement in any law violations,
  • not be considered a threat to the safety, public health and/or law enforcement in the USA,
  • not suffer from one or more mental conditions that could pose a possible threat to the environment of the traveller,
  • not have a serious transmittable disease,
  • not be addicted to drugs or other narcotics.

Statement of relinquishment of rights

The second part of the ESTA statement relates to the right to appeal and review of the decisions of the US immigration service. By agreeing with the statement at the end of the ESTA form, the application agrees to waive this right, among others. This means that you officially cannot lodge a complaint or appeal in case of a rejected ESTA application.

This part of the ESTA statement also relates to the validity of your travel authorisation. By agreeing with the statement, you accept that the validity of your ESTA can be revoked after it is granted if the US immigration service has any reason to do so. The officers of the US Customs and Border Protection who perform border and passport checks after arrival, decide whether travellers are allowed to enter the USA. They have the right to deny travellers entry into the United States at any time and without giving any reason. This, of course, only happens if the officer in question sees reason to do so. An approved ESTA therefore never gives the traveller a guarantee that he/she can enter the United States.

Another aspect of the ESTA statement relates to record the biometrical data of travellers upon arrival on US soil. This includes fingerprints and photographs. Photographs can be derived from (biometric) facial features. By agreeing to the statement, the traveller declares that he/she is willing to have their biometric data recorded upon arrival and hereby reiterates his/her consent by agreeing to all provisions contained in the ESTA statement.

Apply for the ESTA

You can start your ESTA application right away. You can do so by completing the online application form. To complete the application, at the bottom of the application form, you have to agree with the entire statement for the ESTA USA. If you need the ESTA quickly, you can also submit an urgent ESTA application.

Go to the online ESTA application form now