Stricter suitability grounds for Family and Private Life routes

Last month, a new statement of changes announced further amendments to numerous visa categories, including significant changes to the suitability requirements.

Part 9 (Grounds for Refusal) of the Immigration Rules has since been replaced with a new unified section called Part Suitability, which came into force on 11 November 2025. This reform consolidates all suitability-related refusal and cancellation grounds in one central reference point, creating a more streamlined – but also more stringent – framework for applicants.

What is Part Suitability?

Part Suitability now applies to all immigration routes, except the following: 

• Appendix EU
• Appendix EU (Family Permit)
• Part 11 (Asylum)
• Appendix Service Providers from Switzerland
• Appendix Settlement Protection
• Appendix Electronic Travel Authorisation

If an applicant is refused under Part Suitability, they will not meet the suitability requirements of the route on which they are applying. Immigration permission can also be cancelled under this section. Suitability decisions can be either mandatory (the application must be refused) or discretionary (the application may be refused).

Impact on Family and Private Life routes

Before 11 November, Family and Private Life routes had their own bespoke, flexible suitability provisions. The introduction of Part Suitability replaces these more generous rules with a stricter system, increasing the risk for applicants with criminal convictions or previous immigration breaches.

The new rules apply to:

• Appendix FM
• Appendix Private Life
• Appendix Adult Dependent Relative
• Appendix Settlement Family Life

Key changes 

• Mandatory refusal for custodial sentences of 12 months or more, regardless of the time elapsed since the conviction occurred.
• Discretionary refusal for:
  • custodial sentences of less than 12 months
  • non-custodial sentences
  • out-of-court disposal 
    
• Mandatory cancellation of existing immigration permission for custodial sentences of 12 months or more.
• “Previous breach of immigration law grounds” now extend to Appendix FM.
• Mandatory re-entry bans apply for previous breaches of immigration laws.
• Discretionary refusal for current or historic breaches of immigration laws for in-country applications.
• Paragraph 39E, which sets out exceptions for overstayers, has been incorporated into Part Suitability.
• Mandatory refusal where a parent, or the parent’s partner, poses a risk to a child applicant.

This shift is part of a broader simplification initiative to make the Immigration Rules more accessible and easier to navigate; however, in practice, many applicants – especially those with adverse immigration or criminal history – will now face stricter suitability hurdles.

New applicants and those who already hold immigration permission should be aware of the new provisions and seek professional legal advice to understand their potential impact. If you would like to discuss your circumstances, please contact our immigration team. 

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