In October the Home Office announced its Autumn Statement of Changes to Immigration Rules. The Statement contained various updates and amendments to the rules, with a significant change being the replacement of Part 9: Grounds for Refusal, with a new all-encompassing ‘Part Suitability’. The Statement of Changes confirms that this new part of the rules will function as the “central reference point for all suitability-related refusal and cancellation grounds” so it is essential to understand what it says before making your UK visa or residence application.

What is new?

Part Suitability defines all of the reasons why a visa may be refused in the UK, or why an individual’s current permission may be cancelled. Part Suitability generally seeks to replicate the existing provisions in Part 9: Grounds for Refusal, with some changes noted below. One notable change is the integration of Paragraph 39E in its entirety; these rules are now located in SU13.1 of Part Suitability. This covers the situation where an application is made late, but within 14 days of a previous visa expiring, so long as good reason for the delay exists.

There will also now be an additional safeguarding ground for refusing entry clearance applications under Appendix FM:

SUI 6.1. An application for entry clearance under Appendix FM must be refused if the decision maker considers the applicant’s parent or parent’s partner poses a risk to the applicant.

Whilst the switch to Part Suitability itself is not so radical, its wide application, particularly to routes with previously more generous provisions such as the Partner rules, will have the biggest impact.

Where does Part Suitability apply?

Part Suitability seeks to harmonise the various suitability and character requirements currently found in many areas across the Immigration Rules. It will now apply to all routes, except the following:

•        Appendix EU
•        Appendix EU (Family Permit)
•        Part 11 (Asylum), except Part Suitability does apply to paragraphs 352ZH to 352ZS, and 352I to 352X
•        Appendix Service Providers from Switzerland
•        Appendix Settlement Protection
•        Appendix Electronic Travel Authorisation

It is also important to note that only certain provisions of Part Suitability will apply to Appendix Domestic Worker who is a Victim of Modern Slavery, and applications for permission to stay under Appendix ECAA Extension of Stay.

Expansion to previous breaches of immigration law

Currently, a person is considered to have “previously breached immigration laws” if they have overstayed or used deception in a past application. This narrow definition has previously enabled arguments that other types of breaches are excluded from this, such as breaching visa conditions or entering illegally. However, the definition in Part Suitability is now more comprehensive, so under SUI 11.4, a person aged 18 or over is treated as having breached immigration laws if they:

•        overstayed (without a valid exception)
•        breached visa conditions (unless later granted permission in knowledge of the breach)
•        entered illegally
•        or used deception in a previous application.

As currently, an application must be refused by the Home Office if a person has previously breached immigration rules in any way, and you are re-applying within a certain time period after that breach. The mandatory refusal periods or re-entry bans are set out in paragraph SUI 12.1 of the new Part Suitability, and range from 12 months to someone who departs the UK voluntarily at their own expense to 10 years for someone who was removed at public expense or used deception in an application. If you apply after the specified period has passed, an application still faces discretionary refusal but only if you are considered to have “acted to frustrate immigration controls” in the past.

Effect on Family and Private Life routes

Applications under Appendix FM previously benefitted from more forgiving suitability rules, that were specific to each aspect of that Appendix. However, for the first time, from 11 November 2025 applicants applying under Appendix FM are now subject to the following suitability grounds:

•        Mandatory refusal if the applicant has received a prison sentence of 12 months or more, regardless of how long ago the conviction occurred.
•        Discretionary refusal for any other criminal convictions or out-of-court disposals, no matter when they took place.
•        Mandatory cancellation of immigration permission if the individual is convicted of an offence resulting in a prison sentence exceeding 12 months.
•        Mandatory re-entry bans for violations of immigration laws, including certain cases of overstaying with remaining exceptions
•        Discretionary refusal for current or past breaches of immigration law for applications made within the UK.

Human Rights compatibility?

Any application made under Appendix FM will normally engage Article 8 ECHR. The General provisions of Appendix FM provide a catch-all exception for those who cannot meet the financial or other requirements. Currently, the Applicant must demonstrate there are exceptional circumstances present which mean a refusal would breach their Article 8 rights; namely that a refusal would result unjustifiably harsh consequences for the Applicant or their family.

The introduction of Part Suitability now means that an application can only succeed under the General provisions provided the Applicant does not fall for refusal under any of the following:

•        They have not been excluded from the UK (SUI 2.1 and 2.3)
•        They have not been excluded from the Refugee Convention (SUI 4.1)
•        They have not received a criminal conviction of 12 months or more, they are not a persistent offender and they have not committed an offence causing serious harm (SUI 5.1)

The apparent effect is that where an applicant faces mandatory refusal under Part Suitability, the only way your application can still succeed is if you can meet the high threshold posed by exceptional circumstances (GEN 3.2) so the above mandatory grounds do not apply.

The far-reaching application of Part Suitability will inevitably lead to legal challenges. In particular, from those seeking to extend or settle under Appendix FM who have multiple criminal convictions or have received sentences over 12 months in prison. It is unclear how these applications will be treated as at present there are no transitional provisions for those families.

If you are unsure how the new Part Suitability rules might affect your visa or settlement application, Our experienced immigration solicitors can help. Get in touch with Latitude Law by calling 0300 131 6767 or by completing our online enquiry form and we’ll get back to you.