Understanding the New Stricter Rules for UK Visa Applicants.
What are the Part Suitability Rules?
The UK Home Office updated the Immigration Rules on 11th November 2025 to introduce Part Suitability, replacing the previous “Part 9 - General Grounds for Refusal.” They are checks the Home Office uses to decide if someone’s background or behaviour makes them unsuitable to enter or stay in the UK. They cover things like criminal history, dishonesty in applications, or breaches of immigration laws.
How Part Suitability Differs from Part 9 and Why It Matters for Family Life Applicants
The new Part Suitability rules replace many of the discretionary elements found in Part 9 of the Immigration Rules. While Part 9 allowed more flexibility especially in family and private life cases, Part Suitability introduces a stricter, more uniform approach across visa categories.
Here’s what’s changed and what matters most:
Stricter treatment of criminal convictions
Under Part 9, non-custodial sentences (like fines or community orders) were sometimes overlooked in family cases. Now, under Part Suitability, any conviction whether custodial or not, can trigger refusal, especially if it’s recent or involves dishonesty, violence, or sexual offences.Less discretion for minor breaches
Previously, overstaying or minor immigration breaches might have been forgiven in family applications. Now, even short periods of overstaying or misrepresentation (e.g. false documents or undeclared history) are taken seriously and can lead to refusal.Unified standards across routes
Family life applicants (Appendix FM) are now held to the same standards as work or study routes. The Home Office applies consistent checks on character, criminality, and compliance, reducing the chance of leniency based on personal circumstances.Limited weight given to rehabilitation
Part 9 sometimes allowed applicants to show they had changed especially in family cases. Part Suitability shifts the focus to current risk and past behaviour, not future potential or rehabilitation.Human rights arguments still possible but harder
While Article 8 (right to family life) still applies, it’s now less likely to override suitability concerns unless the impact is extreme (e.g. separating a parent from a child).
Key Takeaway for Appendix FM Applicants
If you’re applying under the family route, you’ll face stricter checks on criminal history, honesty, and immigration compliance than before. Even non-custodial sentences or minor breaches can lead to refusal. Human rights protections still exist, but they won’t easily outweigh suitability concerns. Be thorough, transparent, and prepared to explain any past issues clearly.
Who the Rules Don’t Apply To
The Part Suitability rules apply to everyone, Some people are completely exempt from these rules:
Applicants under Appendix EU (EU citizens and their families after Brexit)
Appendix EU Family Permit applicants
Asylum seekers (except for a few refugee family routes)
Swiss service providers
People with Settlement Protection (refugees already granted settlement)
Electronic Travel Authorisation (ETA) applicants (short-term visitors needing travel clearance)
Who the Rules Partially Apply To
Some groups are only checked for serious issues like crime or fraud:
Domestic workers who were victims of modern slavery, only serious misconduct is considered.
People under international agreements (e.g. Swiss or Turkish routes), only certain rules apply, and only for things that happened after 31 December 2020.
ECAA (Turkish business/work routes), only some rules apply, depending on the situation.
What About People with Settlement (ILR)?
If someone already has Indefinite Leave to Remain (ILR) and is in the UK, their status is secure unless there’s a serious reason to cancel it, like fraud or if they’re facing deportation. The Home Office can’t revoke it without strong legal grounds.
What This Means for you?
Most visa applicants (work, study, family, visitor) are subject to Suitability Rules. The Home Office will check their criminal record, honesty, and immigration history.
Some routes are protected or limited:
Refugees, EU Settlement Scheme applicants, and those on humanitarian routes are mostly exempt.
Domestic workers and Turkish applicants face limited checks, mainly for serious issues after a certain date.
People with ILR can be reassured their status can only be taken away for serious reasons (example Criminal conviction or National security concerns).
Grounds for Refusal or Cancellation of UK Visa, Entry, or Permission to Stay
The UK Home Office can refuse or cancel a visa, entry clearance, or permission to stay for various reasons. These are grouped under different “Suitability” (SUI) grounds.
1. Exclusion, Deportation, or Travel Ban (SUI 2)
Refusal: If the Secretary of State orders exclusion or if you are under a deportation or exclusion order.
Cancellation: Existing permission can also be cancelled for the same reasons.
Travel bans: Individuals subject to international or UK bans may be refused entry or have permission revoked.
2. Not Conducive to the Public Good (SUI 3) - Refusal or cancellation where your presence is considered harmful to the public due to your conduct, character, or associations, even without a criminal conviction.
3. Exclusion from Asylum or Humanitarian Protection (SUI 4) - Applies to those excluded from refugee or humanitarian status or who would be excluded except for technical reasons (e.g. haven’t applied yet).
4. Criminality (SUI 5)
Mandatory refusal: If convicted and sentenced to 12 months or more, or for serious harm/persistent offending.
Discretionary refusal: For lesser convictions or recent offences (especially for short-stay visitors).
Cancellation: Permission can be revoked for similar reasons.
5. Family and Child Safeguarding (SUI 6) - Refusal if a parent or their partner poses a risk to the child applicant.
6. Financial or Professional Misconduct (SUI 7) - Applies to Innovator Founder applicants or others involved in financial crime, corruption, or professional disqualification.
7. Sham Marriage or Civil Partnership (SUI 8) - Refusal or cancellation if there is evidence or likelihood of a fake marriage or partnership.
8. Deception or False Representation (SUI 9–10) - Refusal or cancellation for using false documents, lying, or withholding relevant facts, whether deliberate or accidental.
9. Previous Breach of Immigration Law (SUI 11–13)
Refusal: For previous breaches such as overstaying, illegal entry, or deception, subject to mandatory re-entry bans (1–10 years depending on circumstances).
Cancellation: If current conditions are broken.
Exceptions: Minor or justified overstays (e.g. COVID periods, BN(O) route, good reason within 14 days).
10. Failure to Provide Information or Attend Checks (SUI 14) - Refusal or cancellation if you fail to attend an interview, give biometrics, provide documents, or undergo medical checks without a good reason.
11. Admissibility and Travel Documents (SUI 15–21)
Common Travel Area or other countries: Refusal if you are not admissible elsewhere.
No valid visa (SUI 20): Refusal if required entry clearance or ETA is missing.
Invalid or unrecognised passport (SUI 21): Refusal or cancellation if passport is from an unrecognised authority or invalid.
Children (SUI 22): Refusal if a child travels without written parental consent.
12. Returning Residents (SUI 23) - Settlement holders (ILR) can return only if their leave hasn’t lapsed; otherwise, they must apply as Returning Residents.
13. Customs Breaches (SUI 24) - Refusal or cancellation for committing customs offences, even without criminal charges.
14. Change of Circumstances or Purpose (SUI 25) - Cancellation if your situation or purpose differs from what was declared (e.g. entering as a visitor but intending to work).
15. Electronic Travel Authorisation (ETA) (SUI 26) - Entry refused if required ETA is missing.
Additional Grounds for Refusing or Cancelling Permission to Stay
1. Rough Sleeping (SUI 27) - Permission may be refused or cancelled if someone persistently sleeps rough, refuses help, and behaves antisocially.
2. Crew Members (SUI 28) - Entry for crew is limited to duties related to their role. They cannot stay for other reasons without proper permission.
Additional Grounds for Cancelling Existing Permission
1. Ceasing to Meet Requirements (SUI 29) - Permission can be cancelled if you no longer meet your visa conditions (e.g. student stops studying, worker loses qualifying job).
2. Dependants (SUI 30) - If a main applicant’s permission is cancelled, dependants’ permission may also be cancelled.
3. Withdrawal of Sponsorship or Endorsement (SUI 31) - Cancellation occurs if a sponsor or endorsing body withdraws support.
Examples:
Student fails to meet course conditions.
Innovator Founder’s endorsement withdrawn.
Global Talent endorsement revoked.
4. Students (SUI 32) - Permission may be cancelled if a Student or Child Student fails to start or stops attending their course.
5. Workers (SUI 33–37) - Cancellation may occur if a worker:
Doesn’t start or leaves their job.
Changes employer or job without approval.
Takes more than 4 weeks’ unpaid leave without permission.
Earns below the required salary (unless an exception applies).
Works for a sponsor that loses its licence or transfers ownership improperly.
6. Endorsing Body Loses Approval (SUI 38) - Visa may be cancelled if the endorsing body (e.g. for Innovator Founder or Global Talent) loses its approval status.
7. Scale-up Workers Exception (SUI 39) - The above sponsorship-related rules (SUI 31–37) apply only during the first 6 months of mandatory employment. After that period, they no longer apply.
How do these rules apply to you?
· Good character and behaviour are essential.
Even minor issues like lying on a form, undeclared convictions, overstaying, or using false documents can lead to refusal or cancellation.
· Human rights protections exist but are limited.
They may help in serious cases (e.g. family separation or hardship), but don’t guarantee approval.
· Each visa route has its own checks.
Passing suitability for one route doesn’t mean you’ll pass another, rules vary.
· Stricter scrutiny across all visa types.
Family and private life applicants now face the same tough standards as work or study routes.
· Less flexibility than before.
Routes that once allowed minor offences (like family visas) are now much stricter.
· Higher risk of refusal or cancellation.
Even small past infractions can now trigger a discretionary refusal.
Where to Get Help
If you are unsure how these changes might affect you, seek immigration advice as early as possible.
Please use the following link to book a consultation with us CLICK HERE
At Tulia, we believe that everyone deserves to have a safe and welcoming place to call home. We are committed to helping migrants settle well in the UK and to achieve their full potential. Don’t forget to share this article!
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