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What is Part Suitability in the New Immigration Rules?

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Published on 27 October 2025 by Amar Ali - Director and Solicitor
Updated on 10 November 2025
What is Part Suitability in the New Immigration Rules?

‘Part Suitability’ is a new section of the UK’s Immigration Rules that will come into force on 11 November 2025 and affect most visa applicants. The details of these changes to the immigration rules are set out in detail in the recent Statement of Changes in Immigration Rules published on 14 October 2025. Part Suitability defines all of the reasons why a UK visa application must or may be refused, or why existing permission to stay may be cancelled. Part Suitability replaces the old ‘Part 9: General Grounds for Refusal’ and brings all refusal and cancellation rules under one single, clearer framework. These grounds include, for example:

  • Criminal convictions
  • Use of false documents
  • Past immigration breaches, and
  • Risks to the public or children.

As such, the new suitability rules provide a standard set of decision-making criteria across most visa types but also tighter scrutiny. Before its introduction, each visa route often had slightly different ‘suitability’ criteria. The new system ensures that the rules are consistent for refusal across routes. An applicant may meet the criteria for a visa, but if any of the suitability grounds apply, the Home Office must, or may, refuse it. 

Immigration routes covered by Part Suitability include: 

However, the new Part Suitability rules do not cover Appendix EU, Appendix EU (Family Permit), Switzerland Service Provider, and Protection claimants under Part 11. 

It is advisable to engage an experienced UK immigration solicitor if you are concerned that your application or current status may be negatively impacted. To speak with one of our immigration lawyers, call 020 3744 2797 or complete our enquiry form. 

What grounds for refusal are in Part Suitability?

The new Part Suitability rules set out various reasons an application can be refused or a visa cancelled, as follows :

  • Exclusion, deportation or travel ban
  • Not conducive to the public good
  • Exclusion from asylum/humanitarian protection
  • Criminality
  • Safeguarding and family risk
  • Sham marriage or civil partnerships
  • Deception or false representation, and
  • Previous immigration breaches
  • NHS Debt
  • Unpaid litigation costs
  • Purpose not covered by immigration rules
  • Medical grounds
  • No entry clearance

Please note, the list below is not exhaustive. Refer to the Statement of Changes in Immigration Rules for full details.

Exclusion, deportation or travel ban

The new Part Suitability rules state that immigration applications must be refused if a person is subject to a deportation order, an exclusion direction, or a travel ban under section 8B of the Immigration Act 1971. Anyone who has been previously deported or excluded by order of the Secretary of State will also automatically fail this rule. 

Your visa application will be refused if: 

  • The UK government has personally ordered that you must not be allowed into the UK
  • You are already banned from the UK, or
  • You are subject to a deportation order or a decision to deport you.

Any visa or permission you already hold will be cancelled if the government has ordered that you must be excluded from the UK. Your visa application will also be refused (and any visa you already have will be cancelled) if you are classed as an ‘excluded person’ under the Immigration Act 1971 and you do not meet one of the limited exceptions.

Not conducive to the public good

If a person’s presence in the UK is deemed ‘not conducive to the public good’ due to behaviour, character, or associations posing risks to society, their visa must be refused or cancelled. This includes cases not directly linked to criminal convictions. 

Any visa or permission already granted will be cancelled if the person is considered not to be in the public interest to remain in the UK. 

Exclusion from asylum or humanitarian protection

Applicants found to fall within exclusion clauses of asylum or humanitarian protection (for serious crimes, danger to the UK, or abuse of protection systems) must have their application refused or have their status cancelled.

Criminality

Applications or existing leave must be refused or cancelled if an applicant has:

  • Been convicted in the UK or abroad and sentenced to prison for 12 months or more
  • Repeatedly broken the law and shows no respect for it, or
  • Committed one or more crimes that caused serious harm.

Applications or existing leave may be refused or cancelled if an applicant has: 

  • Been convicted in the UK or abroad and given a prison sentence of less than 12 months, or
  • Been convicted and given a non-custodial sentence, or received an out-of-court disposal that appears on their criminal record.

Safeguarding and family risk

Under Appendix FM, Family Visa applications will be refused if there is evidence to suggest that a parent or partner poses a safeguarding risk to a child applicant.

Fit and proper test for Innovator Founder visa applicants

Applicants for the Innovator Founder visa may be refused or have their immigration status cancelled if they are or were involved in financial crime, corruption, or serious misconduct—mirroring “fit and proper” standards in financial regulation.

Sham marriage or civil partnership

Where evidence suggests an applicant has entered into or facilitated a “sham” marriage or civil partnership to gain immigration advantage, refusal or cancellation is likely. 

Deception or false representation

Using false documents, omitting relevant facts, or engaging in deception (even indirectly through a third party) is a major reason for refusal. Deception can trigger both mandatory and discretionary refusals, depending on the severity and intent. In addition, any permission that has been automatically extended while an application is being decided can be cancelled for the same reason. 

Previous immigration breaches

Under the rules, your visa or entry application can be refused if you have broken UK immigration rules in the past. This includes overstaying, working when you were not allowed to, entering the UK illegally, or using false information in a previous application. 

You are treated as having broken immigration laws if, when aged 18 or over, you:

  • Overstayed your visa (unless a limited exception applies), or
  • Broke a condition of your visa (e.g., worked when not allowed), or
  • Entered the UK illegally, or
  • Used deception in a previous application.
  • When overstaying might be ignored
  • Overstaying might not count against you if:
  • You left the UK voluntarily within 30 days (or 90 days for older cases), or
  • Your overstaying was due to a Home Office decision that was later overturned or withdrawn

The Home Office may also refuse your application if you have, for example: 

  • Failed to cooperate with removal or enforcement
  • Used a false or multiple identities
  • Absconded or failed to report
  • Worked, claimed benefits, or accessed services you were not entitled to
  • Been involved in immigration-related crime
  • Permission can also be cancelled

Even if you currently have permission to stay, it can be cancelled if you break the conditions of that permission. 

Your application must be refused by the Home Office if you previously broke immigration rules, and you are applying again within a set time period after that breach (see table below for more details). 

On the other hand, your application may be refused if you previously broke immigration rules, and you are applying after the time period has passed (see table below for more details).  

Time from the date the person left the UK Applies if the applicant 
12 months Left the UK voluntarily at their own expense 
2 years Left the UK voluntarily at public expense within 6 months of notice of liability for removal (or after appeal/administrative review ended) 
5 years Left the UK voluntarily at public expense more than 6 months after notice of liability for removal (or after appeal/administrative review ended) 
5 years Was removed from the UK as a condition of a caution under section 22 of the Criminal Justice Act 2003 (and any return-ban condition has expired) 
10 years Was removed from the UK at public expense 
10 years Used deception in an application (for visits, this only applies to entry-clearance applications) 

NHS Debt

Applications may be refused if the applicant owes at least £500 in unpaid NHS charges reported to the Home Office.

Unpaid litigation costs

Permission may be refused if an individual owes court-ordered costs to the Home Office.

Purpose not covered by immigration rules

Applications can be refused if the purpose of entry or stay does not align with any established visa route, for example, applying as a ‘visitor’ with the intention of working.

Medical grounds

Entry must be denied if a medical inspector deems if undesirable for public health reasons, unless there are compelling compassionate grounds.

No entry clearance

Anyone required to obtain entry clearance before travel will be refused entry at the boarder if they arrive without it.

What does the new Part Suitability mean for UK Visa applicants?

The new Part Suitability rules mean that from 11 November 2025, every UK visa applicant must ensure they not only meet the relevant eligibility criteria but also the part suitability rules. The reality is that even small issues such as minor overstays, false statements, or non-custodial offences can lead to refusal or cancellation.  

For applicants with any history of immigration or criminal issues, it’s crucial to: 

  • Disclose all past convictions and immigration history honestly
  • Provide rehabilitation or evidence of change where possible
  • Seek advice on how Article 8 (family life and proportionality) might apply where refusal would breach human rights.

Real-Life example

Consider a person sentenced to 15 months’ imprisonment for an offence 10 years ago, who is now applying for a Spouse Visa under the UK family route. Before the new rules, Appendix FM allowed some discretion if rehabilitation, time elapsed, and Article 8 rights supported approval. Under the new Part Suitability rules, however, any custodial sentence over 12 months will trigger a mandatory refusal, with no discretion available unless overriding human rights apply. This makes previously eligible applicants automatically unsuitable under the new rules.

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