Introduction of Part Suitability to the Immigration Rules
In This Article
1. From Part 9 to Part Suitability: A Significant Reform
On 14 October 2025, the Home Office published a wide-ranging Statement of Changes which, among other changes, deletes Part 9 (Grounds for Refusal) and inserts a new Part Suitability into the Immigration Rules. The Explanatory Memorandum to the Statement of Changes confirms that this new part of the rules will now serve as the “central reference point for all suitability-related refusal and cancellation grounds”. The changes discussed in this article will come into force on 11 November 2025.
Previously, the vast majority of routes (though not all, as set out below) required decision-makers to consider whether an application should fall for refusal under Part 9 (the General Grounds for Refusal). The deletion of this part of the rules and its replacement with Part Suitability is therefore a significant overhaul to the current structure of the rules.
2. What Is Part Suitability in the Immigration Rules?
Part Suitability sets out that if an applicant is refused under that Appendix, then they will not meet the suitability requirements of the route on which they are applying. It also sets out that a person may have their entry clearance or permission cancelled under that part. It confirms that decisions on suitability are either mandatory i.e., the application must be refused, or discretionary i.e., the application may be refused.
It also clarifies that where a refusal under Part Suitability would be incompatible with the UK’s obligations under the European Convention on Human Rights (ECHR), the route-specific rules will set out the approach to be taken.
3. Which Immigration Routes Will Part Suitability Apply To?
Part Suitability will apply to almost all routes under the rules. Some of the limited exceptions include Appendix EU and Appendix EU (Family Permit) as well as most sections of Part 11 (Asylum). It will also not apply to Appendix Service Providers from Switzerland and Appendix Settlement Protection, or 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.
The new Part does apply in full to a number of routes which were previously not covered, or only covered on a limited basis, by Part 9 of the Immigration Rules. This will be discussed in more detail below.
4. Key Changes Introduced by Part Suitability
The provisions in Part Suitability involve a restructuring and reframing of the provisions in Part 9. One notable change to the structure of the rules is that the familiar overstayer exceptions in paragraph 39E are now contained within Part Suitability at paragraph SUI 13.1.
However, perhaps the most significant impact of the changes will be the application of Part Suitability to parts of the rules to which Part 9 did not apply.
5. Application of Part Suitability to Family and Private Life Routes
The provisions of Part Suitability now apply to Appendix Family Member (‘FM’), Appendix Private Life, Appendix Adult Dependant Relative and Appendix Settlement Family Life. That is, in many of the categories where an applicant’s rights to a family or private life under Article ECHR are engaged. This is a significant change, as demonstrated by the example below.
Prior to these changes, it has been the case that only a number of suitability provisions in Part 9 apply to Appendix FM. For example, the criminality provisions at paragraphs 9.4.1 – 9.4.4 of Part 9 do not apply to applications under Appendix FM. Paragraph 9.4.1 (which now appears at paragraph SUI 5.1 of Part Suitability) mandates refusal where an applicant has been convicted of a criminal offence in the UK or overseas for which they received a custodial sentence of 12 months or more. This provision means that, under the rules, an applicant who had been convicted of a criminal offence and received a sentence of 12 months or more falls for refusal regardless of how much time had elapsed since that conviction.
6. Removal of Flexibility for Family Visa Applicants
Until now, an applicant under Appendix FM has benefited from the greater flexibility contained in the suitability provisions of Appendix FM itself. Appendix FM has stated that in an application for entry clearance, a period of imprisonment of at least 12 months, but less than 4 years did not mandate refusal once a period of 10 years had passed since the end of the sentence.
Following the changes to the rules, the provision that contains this flexibility has been deleted. It is simply mandated that an applicant must not fall for refusal under Part Suitability. The flexibility which meant that an applicant would not be subject to mandatory refusal on the basis of their conviction once 10 years has passed since that sentence is not included in Part Suitability.
7. Impact of Part Suitability on Human Rights Applications
This is only one example of a number of provisions that now apply to the family and private life routes, and it appears that there will remain some additional flexibility in Appendix Private Life and Appendix Adult Dependent Relative. However, the upshot of these changes is that applicants will generally face the stricter provisions that existed in Part 9 and have been transposed into Part Suitability, regardless of the route on which the application is made.
The Explanatory Memorandum addresses this decision directly, acknowledging the end of the “more generous” approach under the family and private life routes.
8. Compatibility with the European Convention on Human Rights (ECHR)
Of course, in such human rights claims, the decision-maker will still need to consider whether any decision is compatible with the UK’s obligations under the ECHR, and whether the refusal of the application would result in unjustifiably harsh consequences. However, even the amendments to Appendix FM seek to limit the applicability of GEN.3.2 where an applicant falls for refusal under certain suitability grounds (and similar amendments exist in other sections such as Appendix Private Life).
Given the high threshold required for success under such assessments, applicants may now face greater challenges in their applications and appeals.
9. Contact Our Immigration Barristers
For expert advice in relation to the impact of Part Suitability on your UK visa application or immigration appeal, contact our immigration barristers in London on 0203 617 9173 or complete our enquiry form below.
10. Frequently Asked Questions
What is Part Suitability in the Immigration Rules?
Part Suitability is a new section of the UK Immigration Rules, introduced to replace Part 9 (General Grounds for Refusal). It consolidates all suitability-related refusal and cancellation grounds into one central reference point.
When does Part Suitability come into force?
Part Suitability will take effect on 11 November 2025, following publication of the Home Office’s Statement of Changes on 14 October 2025.
Which immigration routes does Part Suitability apply to?
Part Suitability applies to almost all UK immigration routes, with limited exceptions including Appendix EU, Appendix EU (Family Permit), most sections of Part 11 (Asylum), Appendix Settlement Protection, Appendix Service Providers from Switzerland, and Appendix Electronic Travel Authorisation.
How does Part Suitability affect family and private life visa routes?
Part Suitability now applies to Appendix Family Member, Appendix Private Life, Appendix Adult Dependent Relative, and Appendix Settlement Family Life. This means that stricter refusal grounds, such as those for criminal convictions, will now apply to these routes.
Has flexibility for family visa applicants been removed?
Yes, in some circumstances. For example, the previous flexibility under Appendix FM, which allowed some applicants with older convictions to avoid mandatory refusal after ten years, has been deleted. Under Part Suitability, refusal is now mandatory where specified suitability grounds are met.
Will ECHR human rights considerations still apply?
Yes. Decision makers must still ensure that refusals are compatible with the UK’s obligations under the European Convention on Human Rights. However, amendments to Appendix FM and other routes limit when such considerations can override a suitability refusal.
Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.
