New Suitability Rules under the Immigration Rules – effective 11 November 2025

From today – 11 November 2025, the Immigration Rules will include a new consolidated section called Part Suitability, replacing the previous “Part 9 – General Grounds for Refusal”

Importantly, these changes will apply to family-based and human-rights applications under, for example, Appendix FM (family member route) and Appendix Private Life, meaning routes that previously had more generous suitability provisions now face stricter and more uniform tests.

Part Suitability brings together all suitability and conduct-related refusal or cancellation grounds into one section of the Rules. This means the same “good character / immigration history / conduct” tests apply across most routes (with some limited exceptions such as most asylum, Appendix EU, etc).

For applicants under family or private-life routes, this represents a shift from route-specific, more flexible suitability rules to a more consistent and, in many cases, tougher standard.

Key changes to watch:

• A mandatory refusal now applies where the applicant has been convicted of a criminal offence resulting in imprisonment of 12 months or more, regardless of how long ago the conviction occurred.

• Persons with lesser convictions, non-custodial sentences or out-of-court disposals may face a discretionary refusal under the suitability rules.

• Previous immigration law breaches (overstaying, breaching visa conditions, illegal entry, deception) are more comprehensively captured. For example, “breach of visa conditions” now broadly qualifies.

• Re-entry bans may apply if the applicant previously breached immigration laws and then leaves the UK voluntarily. Family applications will now be subject to the same re-entry ban structure as other visa routes.

• A new safeguarding ground for entry clearance under Appendix FM: the application must be refused if the decision-maker considers that the applicant’s parent or parent’s partner poses a risk to the applicant.

Impact on family / human-rights applications

For routes that engage human rights (such as Article 8 ECHR family or private life claims), the new rules change the balance: previously more generous “soft” suitability tests may no longer apply. For example, under Appendix FM the previous rule allowed a sentence of 12 months-4 years to be considered after 10 years; under Part Suitability that carve-out is removed.
The human rights exception remains (i.e., refusal may still be challenged where a decision would breach ECHR rights due to “unjustifiably harsh” consequences) but where the applicant falls under one of the mandatory refusal grounds in Part Suitability, the decision-maker has very limited flexibility.

Importantly, there is no transitional relief—even applications lodged before 11 November can be decided under the new Part Suitability framework.

Today marks a material change in the UK immigration suitability regime. The introduction of Part Suitability means that family and private-life applicants will face the same character, conduct and immigration-history tests as other visa applicants. While previous flexibility in routes like Appendix FM is not entirely gone, the bar is higher and the decision-making lens tighter.

For anyone applying under family or human rights grounds, this change is not just administrative: it could be outcome-defining. Early review, good preparation and full disclosure are more important than ever.

If you would like to discuss your situation or need help navigating the changes, please reach out to the team.

Author