The UK immigration landscape is undergoing one of its most significant structural reforms in recent years. Following the Statement of Changes HC 1333, from 11 November 2025, the Home Office will introduce Part Suitability, a new consolidated framework replacing the long-standing Part 9: Grounds for Refusal. This change aims to unify and streamline the assessment of an applicant’s conduct, character, and compliance history across nearly all UK immigration routes.
While the underlying principles remain similar to the previous framework, Part Suitability represents a critical evolution in the application of the UK immigration rules, particularly for routes based on human rights, family life, and settlement. The new system signals a shift towards greater consistency while introducing tighter scrutiny of the past conduct, criminal convictions, and immigration breaches of the applicant.
What Is Part Suitability?
Part Suitability establishes a centralised set of criteria for assessing whether an applicant is suitable to hold or maintain permission under the UK Immigration Rules. It applies broadly across most UK immigration routes, including work, study, family, and settlement categories.
A limited number of routes remain exempt, such as:
- Appendix EU and EU Family Permit
- Asylum and Humanitarian Protection
- Appendix Settlement Protection
- Appendix Service Providers from Switzerland
- Appendix: Electronic Travel Authorisation (ETA)
By consolidating multiple frameworks into a single, uniform standard, the Home Office aims to streamline decision-making and ensure consistent application of refusal and cancellation powers.
The Evolution from Part 9 to Part Suitability
Previously, refusal grounds were outlined in Part 9 of the UK Immigration Rules. However, these provisions were applied inconsistently, particularly Appendix FM, Private Life, and Adult Dependent Relative routes. Part Suitability now standardises those principles across almost all routes, replacing a patchwork of exceptions with a coherent framework of mandatory and discretionary refusal powers.
Importantly, the new framework also incorporates previous standalone provisions, such as paragraph 39E on overstaying, into a single, structured section. This integration eliminates the fragmentation that often-caused confusion among applicants and advisers.
Core Features of Part Suitability
- A Unified Framework Across Routes
Part Suitability introduces a single, comprehensive framework that applies to nearly all visa categories. Its objective is to eliminate the fragmented approach of the previous rules, where certain routes benefited from exemptions or tailored provisions.
By extending suitability considerations to Appendix FM, Private Life, and Settlement Family Life, the Home Office ensures a consistent threshold for assessing character, conduct, and immigration compliance. This marks a significant shift for family and private life applicants who previously benefited from more lenient standards.
- Expanded Definition of “Permission”
The term “permission” under the new rules now encompasses both permissiontoenter and permission to stay, including Indefinite Leave to Remain (ILR). This clarification allows the Home Office to apply the suitability framework more comprehensively.
However, Section 76 of the Nationality, Immigration and Asylum Act 2002 set out the statutory power to revoke indefinite leave to enter or remain in specific circumstances. Revocation or cancellation procedures can apply whether a person is in the UK or abroad, although the practical processes, appeal rights and remedies can differ depending on the person’s location and status. Naturalisation generally offers stronger protection than ILR, but citizenship can still be deprived in tightly defined circumstances.
- Strengthened Criminality Provisions
One of the most consequential updates under Part Suitability is the reinforcement of criminality-based refusal grounds. Mandatory refusals will apply to individuals who have received custodial sentences of 12 months or more, while discretionary refusals may be applied to those with shorter sentences or a record of persistent offending.
These enhanced measures align with the government’s broader immigration strategy, which priorities public safety and integrity of the UK immigration system. Notably, even human rights-based routes, such as Appendix FM and Private Life, are now required to comply with these suitability thresholds.
- Deception and False Information
The deception provisions have been refined, granting caseworkers a broader evaluative scope for evaluation. The deception ground is now expressed in SUI 9 as requiring the decision-maker to be ‘satisfied’ that deception occurred. That change in wording increases caseworker discretion compared with earlier drafting and will be important in merits and judicial-review challenges.
Although this linguistic shift may appear subtle, it effectively expands the Home Office’s discretion. Applicants found to have misrepresented information, submitted false documents, or withheld relevant facts risk both refusal of their applications and cancellation of existing permission, including leave extended under section 3C of the UK Immigration Act 1971.
- Reframing of “Breach of Immigration Law”
The new UK immigration rules, Statement of Changes HC 1333, redefine what constitutes a “breach of immigration law.” Under SUI 11.4, an applicant will be considered in breach if they have:
- Overstayed their visa without valid exception
- Breached the conditions of their leave (such as unauthorised work)
- Entered the UK unlawfully; or
- Used deception in a previous application.
The Home Office retains discretionary authority under SUI 11.3 to refuse applications based on past breaches, even where the individual has subsequently obtained valid leave. This may impact settlement applications in cases involving previous overstaying or unlawful entry.
- Safeguarding-Based Refusal Ground
A new provision under Appendix FM introduces a child protection-oriented ground for refusal. Applications involving children may now be refused if the decision-maker determines that the child’s parent or their partner poses a risk to the child’s safety or well-being.
This safeguarding clause underscores the Home Office’s commitment to protecting vulnerable applicants, even in family-based cases that might otherwise meet eligibility criteria.
- Overstayer Exceptions and Transitional Measures
The familiar 14-day grace period for late applications continues under SUI 13.1, maintaining allowances for circumstances beyond the applicant’s control, such as illness or administrative error. Exceptions related to the COVID-19 pandemic and exceptional assurances also remain valid.
However, there are no transitional provisions under Part Suitability itself. Applications decided on or after 11 November 2025 will be assessed under the new rules, regardless of when they were submitted. This absence of transitional protection is expected to affect applicants with pending cases that straddle the implementation date.
Impact on Human-Rights-Based Applications
One of the most significant change is the full application of Part Suitability to Article 8 ECHR-linked routes, those based on the right to respect for private and family life.
While refusals must still comply with the European Convention on Human Rights, the Home Office has clarified that suitability grounds will only be disregarded if a refusal would directly breach the UK’s human-rights obligations.
For example, applicants under Appendix FM or Private Life can no longer rely on “exceptional circumstances” to overcome mandatory refusal grounds such as:
- Deportation orders or exclusion decisions
- Serious criminal convictions
- Proven deception or fraud
- Persistent immigration breaches
This change reduces the discretion previously available to caseworkers and places greater emphasis on proactive legal representation and robust supporting evidence.
Absence of Transitional Provisions
Unlike previous updates, Part Suitability does not include any transitional provisions. Applications decided on or after 11 November 2025 will be assessed under the new rules, even if they are submitted before that date.
This may result in unexpected outcomes for applicants who applied under the previous framework but receive decisions later. However, changes that apply only to certain immigration routes, such as those under Appendix FM, will follow transitional arrangements. Any Appendix FM application submitted on or before 10 November 2025 will be assessed under the Immigration Rules that were in force at the time the application was made.
Preparing for the Change
For individuals and sponsors planning to apply under family, settlement, or private-life categories, the following steps are recommended:
- Submit early: Where possible, lodge applications before 11 November 2025 to ensure consideration under current provisions.
- Disclose fully: Avoid omissions or inaccuracies that may be interpreted as deception.
- Address past issues: Provide clear explanations and supporting for any periods of overstaying, previous refusals, or criminal records.
- Seek expert advice: Immigration solicitors in the UK, including City Legal Solicitors, can assess how Part Suitability impacts specific routes and identify risks in advance.
Final Thoughts
The introduction of Part Suitability represents one of the most comprehensive reforms to the UK immigration framework in recent years. By consolidating and expanding the rules governing suitability, the Home Office aims to ensure a consistent, transparent, and principled approach across all immigration routes.
However, this uniformity also brings increased scrutiny. Applicants, particularly those applying under family or private life grounds, must now demonstrate both compliance and good character to succeed within the new framework.
In this evolving landscape, preparation, accuracy, and a thorough understanding of the new rules will be crucial for navigating the UK immigration system effectively.
