The New ‘Part Suitability’ in UK Immigration Rules

24th November 2025

Part Suitability replaces “Part 9 – General Grounds for Refusal”

From 11 November 2025, the UK Immigration Rules introduced a major update. Part Suitability now replaces the old “Part 9 – General Grounds for Refusal”. 

This reform aims to create greater consistency in how the Home Office evaluates character, conduct and public interest factors across most visa categories. In this blog, we explain what the changes mean for applicants, sponsors and legal advisers.

 
What is Part Suitability?

Part Suitability provides a unified framework for deciding whether a person should be refused entry clearance (a visa), permission to stay or have their existing permission cancelled, based on various “suitability” grounds. 

Unlike the old system, the new rules distinguish clearly between mandatory and discretionary decisions:

  • Mandatory refusal: applies where the applicant has been convicted of a criminal offence resulting in imprisonment of 12 months or more, regardless of when the conviction occurred.
  • Discretionary refusal: applies to individuals with lesser convictions, non-custodial sentences or out-of-court disposals.
 
Key Grounds Under Part Suitability

Part Suitability covers several areas that can lead to refusal or cancellation. These include:

  • Exclusion, deportation or travel ban: Permission must be refused or cancelled if the individual is subject to an exclusion or deportation order.
  • Non-conductive conduct: Applications may be refused where a person’s conduct, character or associations make their presence in the UK undesirable.
  • Criminality: Mandatory refusal or cancellation applies in cases involving serious criminal convictions. For example:
    • sentences of 12 months or more
    • repeat offending
    • offences that cause serious harm.
  • Previous breach of immigration law: Overstaying or other immigration violations can impact new applications or lead to cancellation of existing permission.
  • Debt to NHS or litigation costs: Outstanding NHS charges above the relevant threshold, or Home Office litigation debts, may be considered under suitability. 


Applications for leave that do not align with the Immigration Rules may be refused.

 
Why Does This Change Matter?

Part Suitability represents one of the most significant structural changes to the Immigration Rules in recent years. The biggest shift is in consistency. Under Part Suitability, most applicants are now assessed against a single, unified standard rather than route-specific tests. 

However, this shift also makes the system stricter, particularly for family and private-life routes that previously benefited from exemptions around overstaying or certain convictions.

As a result, applicants and sponsors need to be more vigilant in preparing their cases. 

 
Practical Tips for Applicants and Sponsors
  • If you have any past criminal records, immigration breaches, unpaid NHS costs, don’t assume they don’t matter.
  • Build a strong documentary record as a way of gathering evidence. Mitigating factors such as rehabilitation and compelling personal circumstances may help in discretionary cases.
  • Full disclosure is key. Failing to tell the truth or under-reporting past problems could result in long-term reputational damage in future applications as well as risk refusal.
  • Given the technical complexity, consult with an immigration advisor to assess risk and prepare submissions. Contact us for support. 

No. Although Part Suitability applies to most immigration categories, some routes (particularly certain EU-related or human rights-based routes) have their own suitability frameworks. Applicants should always check the specific rules for their visa category. 

Mandatory refusal applies where the rules require the Home Office to refuse an application. For  example, if an applicant has been sentenced to 12 months or more in prison, regardless of when the conviction occurred. 

Discretionary refusal allows the Home Office to consider the individual’s circumstances. This includes lesser convictions, non-custodial sentences or out-of-court disposals, where mitigating factors may influence the outcome.

Family visas previously had their own specific suitability requirements, but under the new rules, they must now comply with Part Suitability.

This means applicants are assessed under the same unified framework as other visa categories, including mandatory and discretionary grounds. Criminal convictions and other suitability issues are now considered more consistently, therefore, careful preparation and disclosure are essential. 

Sign up to stay up to date, with news and advice