Understanding Part Suitability UK Immigration 2026 Framework and Visa Refusal Grounds

Part Suitability UK immigration 2026 represents the most significant restructuring of visa refusal grounds in over a decade, replacing Part 9 (Grounds for Refusal) from 11 November 2025 as the central reference point for all suitability-related refusal and cancellation decisions. This comprehensive framework consolidates character, conduct, and public interest assessments into a unified structure affecting virtually every UK visa route, introducing stricter mandatory refusal thresholds and expanded application to family visa categories previously benefiting from more generous provisions.

The Immigration Rules changes implemented through HC 1333 Statement of Changes (October 2025) establish Part Suitability as the definitive framework determining whether applicants meet character requirements for entry clearance, permission to enter, or permission to stay in the United Kingdom. Understanding these provisions proves essential for anyone preparing visa applications, facing potential refusals, or seeking to understand why previous applications failed, as Part Suitability grounds now apply regardless of whether applicants otherwise meet eligibility and validity requirements for their chosen immigration route.

With mandatory refusal periods ranging from 12 months to 10 years depending on immigration breach severity, and permanent bars for serious criminal convictions, Part Suitability creates lasting consequences extending far beyond individual application refusals. The framework distinguishes between mandatory grounds requiring automatic refusal and discretionary grounds permitting caseworker judgment, while new provisions affecting Appendix FM family visa applicants remove previous flexibilities that allowed some applicants with criminal histories to avoid mandatory refusal after specified rehabilitation periods.

Critical Update November 2025: Part Suitability replaced Part 9 from 11 November 2025 with no transitional provisions for applications decided after this date. Appendix FM (spouse and partner visas), Appendix Private Life, Appendix Adult Dependent Relative, and Appendix Settlement Family Life applications now face full suitability requirements including mandatory refusal for custodial sentences of 12 months or more regardless of when convictions occurred. Applications submitted before 11 November 2025 but decided afterwards are assessed under the new Part Suitability framework.

• What Is Part Suitability in UK Immigration Rules
• Mandatory vs Discretionary Refusal Grounds Under Part Suitability
• Deception and False Information in UK Visa Applications
• Re-Entry Bans and Mandatory Refusal Periods Under Part Suitability
• Overstaying Exceptions and the 14-Day Grace Period
• Challenging Part Suitability Refusals
• UK Visa Refusal Statistics and Success Rates 2025
• Frequently Asked Questions

What Is Part Suitability in UK Immigration Rules

Part Suitability constitutes the comprehensive framework within UK Immigration Rules determining whether visa applicants possess suitable character, conduct, and associations for permission to enter or remain in the United Kingdom. Introduced through the HC 1333 Statement of Changes effective 11 November 2025, this framework replaces the former Part 9 (Grounds for Refusal) while expanding application scope to include human rights-based immigration routes previously subject to separate, often more lenient, suitability assessments.

The framework operates through the SUI numbering system (SUI 1.1 through SUI 39.1), establishing clear provisions for mandatory refusals requiring automatic application rejection and discretionary refusals permitting caseworker assessment of individual circumstances. Part Suitability applies to most immigration routes except specific exemptions 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.

Decision-makers must ensure refusals remain compatible with UK obligations under the European Convention on Human Rights (ECHR), though amendments to Appendix FM and other routes now limit when human rights considerations can override suitability refusals. Where a person already holds settlement and remains in-country, cancellation proceeds under section 76 of the Nationality, Immigration and Asylum Act 2002 rather than Part Suitability provisions, creating important distinctions for those facing enforcement action after obtaining indefinite leave to remain.

Routes Now Subject to Full Part Suitability Requirements

Appendix FM (Family Routes): Spouse visas, partner visas, parent visas, and child visas now face mandatory criminality thresholds previously exempted
Appendix Private Life: Applications based on private life established in the UK subject to expanded suitability grounds
Appendix Adult Dependent Relative: Elderly parent and dependent relative applications now assessed against full suitability framework
Appendix Settlement Family Life: Settlement applications under family routes subject to comprehensive suitability assessment
Work Routes: Skilled Worker, Global Business Mobility, and other sponsored routes continue under Part Suitability with additional sponsor-specific provisions
Study Routes: Student and Child Student visas assessed under Part Suitability with specific provisions for sponsorship withdrawal

Mandatory vs Discretionary Refusal Grounds Under Part Suitability

Part Suitability distinguishes between mandatory refusal grounds requiring automatic application rejection and discretionary grounds permitting caseworker consideration of individual circumstances. Understanding this distinction proves crucial for applicants assessing refusal risks and preparing applications addressing potential suitability concerns before submission.

Mandatory Refusal Grounds (Application Must Be Refused)

Mandatory refusal grounds under Part Suitability create absolute bars to visa approval regardless of how compelling other aspects of an application may appear. These provisions leave caseworkers no discretion to approve applications where specified conditions exist:

Mandatory Ground	SUI Reference	Consequence
Exclusion/Deportation Order	SUI 2.1	Automatic refusal where Secretary of State directed exclusion or deportation order exists
Non-Conducive to Public Good	SUI 3.1	Mandatory refusal where presence not conducive due to conduct, character, or associations
12+ Month Custodial Sentence	SUI 5.1(a)	Mandatory refusal for any conviction receiving 12 months or more imprisonment
Persistent Offender	SUI 5.1(b)	Mandatory refusal where pattern shows particular disregard for the law
Serious Harm Offences	SUI 5.1(c)	Mandatory refusal where criminal offences caused serious harm
Deception Used	SUI 9.1	Mandatory refusal where deception proven on balance of probabilities
Previous Immigration Breach (Within Ban Period)	SUI 11.1	Mandatory refusal for entry clearance applications within re-entry ban period

Discretionary Refusal Grounds (Application May Be Refused)

Discretionary grounds permit caseworkers to assess individual circumstances before determining whether refusal serves immigration control objectives. These provisions use "may be refused" language indicating flexibility in decision-making:

Custodial Sentences Under 12 Months (SUI 5.3(a)): Discretionary refusal for convictions receiving less than 12 months imprisonment
Non-Custodial Sentences (SUI 5.3(b)): Discretionary refusal for convictions receiving non-custodial sentences or out-of-court disposals
Sham Marriage Involvement (SUI 8.1): Discretionary refusal where involvement in sham marriage or civil partnership more likely than not
False Representations (SUI 10.1): Discretionary refusal where false representations made without proven deception intent
NHS Debt Over £500 (SUI 16.1): Discretionary refusal where outstanding NHS charges exceed £500
Unpaid Litigation Costs (SUI 17.1): Discretionary refusal for failure to pay litigation costs awarded to Home Office
Failure to Provide Information (SUI 14.1): Discretionary refusal for failing to attend interviews, provide biometrics, or undergo medical examinations

Deception and False Information in UK Visa Applications

Deception provisions under Part Suitability create some of the most severe consequences in UK immigration law, including mandatory application refusal and 10-year re-entry bans affecting future applications across all visa categories. Understanding the distinction between deception (deliberate dishonesty) and false representations (incorrect information without proven intent) proves essential for applicants and their representatives preparing immigration applications.

Under SUI 9.1, applications must be refused where decision-makers prove on the balance of probabilities that applicants used deception through making false representations, providing false documents or false information, or failing to disclose relevant facts. The Home Office caseworker guidance on false representations confirms deception requires deliberate dishonesty rather than innocent mistakes, following the Court of Appeal decision in AA (Nigeria) [2010] EWCA Civ 773 establishing that deception cannot exist without dishonesty.

Key Distinctions: Deception vs False Representations vs Innocent Mistakes

Category	Definition	Refusal Type	Re-Entry Ban
Deception (SUI 9.1)	Deliberately and dishonestly making false representations, submitting false documents, or failing to disclose material facts	Mandatory refusal	10-year ban on entry clearance
False Representations (SUI 10.1)	Incorrect information submitted without proven deliberate intent, including third-party errors	Discretionary refusal	No automatic ban
Innocent Mistakes	Genuine errors, typos, or misunderstandings without any intent to mislead	Should not be refused	No ban

Burden of Proof: Where the Home Office alleges deception, the burden of proof rests with decision-makers to establish both that representations were untrue AND that the applicant acted dishonestly. The standard of proof is balance of probabilities (more likely than not). Applicants should not be refused for deception where evidence only establishes incorrect information without demonstrating deliberate intent to mislead. Home Office guidance requires caseworkers to consider whether applicants "ought to have known" information was false before making deception findings.

Re-Entry Bans and Mandatory Refusal Periods Under Part Suitability

Mandatory refusal periods (commonly called re-entry bans) under SUI 12.1 establish specified timeframes during which applications for entry clearance must be refused where applicants previously breached immigration laws. These periods range from 12 months to 10 years depending on breach circumstances, method of departure, and whether public expense was involved in removal.

Applications made after specified periods pass may still face discretionary refusal under SUI 11.2 where applicants "acted to frustrate immigration controls" through actions such as failing to cooperate with removal processes, using false identities, absconding from immigration bail, or obtaining benefits or employment without entitlement. Understanding these provisions proves essential for applicants with previous immigration difficulties seeking to understand visa refusal grounds and remedies.

Mandatory Refusal Period Table (SUI 12.1)

Ban Period	Circumstances	Departure Method
12 Months	Previous immigration breach	Left voluntarily at own expense
2 Years	Previous immigration breach	Left voluntarily at public expense within 6 months of removal notice
5 Years	Previous immigration breach	Left voluntarily at public expense more than 6 months after removal notice
5 Years	Criminal caution condition	Left or removed as condition of caution under Criminal Justice Act 2003
10 Years	Enforced removal	Removed from UK at public expense
10 Years	Deception used in application	From date of refusal (visitor visa entry clearance applications only)

Overstaying Exceptions and the 14-Day Grace Period

Part Suitability incorporates the former paragraph 39E overstaying exceptions into SUI 13.1, establishing circumstances where periods of overstaying will be disregarded for mandatory refusal purposes. The long-standing 14-day grace period continues under the new framework, providing important protections for applicants who submit late applications due to circumstances beyond their control.

Under SUI 13.1, applicants will not be treated as overstayers where applications were made within 14 days of previous permission expiring AND decision-makers accept good reason beyond applicant or representative control prevented timely submission. Additionally, overstaying periods are disregarded where applications followed refusal or rejection of previous in-time applications and were submitted within 14 days of that refusal, appeal determination, or administrative review conclusion.

Overstaying Disregard Provisions Under SUI 13.1

14-Day Grace Period: Applications within 14 days of visa expiry with good reason for delay provided and accepted
Following Refused Application: Applications within 14 days of previous in-time application refusal, 3C extension expiry, or appeal/administrative review conclusion
COVID-19 Period: Overstaying between 24 January 2020 and 31 August 2020 disregarded
Hong Kong BN(O) Applicants: Overstaying between 1 July 2020 and 31 January 2021 disregarded for BN(O) route applicants
Exceptional Assurance: Overstaying between 1 September 2020 and 28 February 2023 covered by written Home Office exceptional assurance notice
Pre-April 2017 Overstaying: Overstaying up to 90 days before 6 April 2017 where person left voluntarily at own expense
Post-April 2017 Overstaying: Overstaying up to 30 days from 6 April 2017 onwards where person left voluntarily at own expense

Challenging Part Suitability Refusals

Applicants refused under Part Suitability grounds have several potential remedies depending on refusal circumstances, visa category, and whether appeal rights exist. Understanding available challenge mechanisms proves crucial for applicants seeking to overturn incorrect refusal decisions or prepare stronger reapplications addressing suitability concerns.

Applications refused under Part Suitability grounds typically do not carry appeal rights unless constituting human rights claims engaging Article 8 (private and family life) or other ECHR provisions. Administrative review may be available where caseworking errors occurred, permitting challenges based on factual or legal mistakes in decision-making rather than disagreement with discretionary assessments. Where neither appeal nor administrative review applies, judicial review provides the mechanism for challenging unlawful decisions, though courts examine decision legality rather than merits.

Available Remedies for Part Suitability Refusals

Administrative Review: Challenge caseworking errors including factual mistakes, incorrect application of rules, or failure to consider evidence properly submitted
Human Rights Appeal: Challenge refusals engaging Article 8 rights where compelling circumstances exist, though Part Suitability amendments limit when human rights override suitability grounds
Judicial Review: Challenge unlawful decisions where procedural fairness breached, relevant considerations ignored, or decisions irrational based on evidence
Fresh Application: Submit new application addressing identified suitability concerns with additional evidence, explanations, or changed circumstances
Awaiting Ban Expiry: Where mandatory refusal periods apply, applicants may need to wait until specified period passes before reapplying

Procedural Fairness Requirement: Where the Home Office intends to refuse applications on deception grounds, caseworker guidance following the Court of Appeal decision in Caligari v Secretary of State [2019] EWCA Civ 673 requires inviting applicants to comment on alleged dishonesty before making final decisions. Refusals made without affording this opportunity may be vulnerable to judicial review challenge on procedural fairness grounds.

UK Visa Refusal Statistics and Success Rates 2025

Understanding visa refusal patterns helps applicants assess risks and prepare stronger applications addressing common suitability concerns. Recent Home Office statistics reveal varying refusal rates across visa categories and nationalities, with suitability grounds featuring prominently among refusal reasons for applicants with previous immigration difficulties or undisclosed information.

According to Home Office immigration statistics, overall UK visa approval rates remain favourable for well-prepared applications, though rates vary significantly by visa type and applicant nationality. Work visas maintain approximately 95% approval rates, sponsored study visas achieve around 98% approval, while visitor visas see approximately 77-87% approval depending on nationality and application quality. Student visa rejection rates remain relatively low at 3-5% overall, though Q1 2025 saw 12% refusal rates reflecting seasonal application patterns.

Common Suitability-Related Refusal Factors

Undisclosed Previous Refusals: Failing to declare previous visa refusals triggers false representations concerns even where original refusal unrelated to current application
Undisclosed Criminal Convictions: Failing to declare convictions including spent convictions, driving penalties, and overseas convictions creates deception allegations
Inconsistent Information: Discrepancies between application forms and supporting documents suggest false representations requiring explanation
Previous Immigration Breaches: Overstaying, working in breach, or illegal entry creates mandatory or discretionary refusal grounds depending on circumstances
Third-Party Document Issues: Documents obtained from third parties containing false information may trigger refusal even without applicant knowledge
Previous Deception Findings: Applications within 10 years of deception finding face mandatory refusal under re-entry ban provisions

Frequently Asked Questions

What is Part Suitability in UK immigration rules 2026?

Part Suitability is the comprehensive framework within UK Immigration Rules that replaced Part 9 (Grounds for Refusal) from 11 November 2025. It establishes all grounds for visa refusal or cancellation based on character, conduct, and public interest considerations. Part Suitability uses SUI numbering (SUI 1.1 through SUI 39.1) and applies to most immigration routes including work visas, study visas, and family visas, with limited exceptions for Appendix EU, asylum applications, and certain specialised routes.

What are the mandatory refusal grounds under Part Suitability?

Mandatory refusal grounds under Part Suitability include: exclusion or deportation orders (SUI 2.1), presence not conducive to public good (SUI 3.1), custodial sentences of 12 months or more (SUI 5.1(a)), persistent offending showing disregard for the law (SUI 5.1(b)), offences causing serious harm (SUI 5.1(c)), proven deception in applications (SUI 9.1), and previous immigration breaches within specified ban periods (SUI 11.1). Where mandatory grounds apply, caseworkers have no discretion to approve applications.

How long is the re-entry ban for deception in UK visa applications?

The re-entry ban for deception is 10 years from the date of refusal under SUI 12.1 of Part Suitability. During this period, applications for entry clearance must be refused. Deception requires proof on the balance of probabilities that the applicant deliberately and dishonestly made false representations, submitted false documents, or failed to disclose material facts. Innocent mistakes do not constitute deception, and the burden of proof rests with the Home Office to establish both untruth and dishonest intent.

What is the difference between deception and false representations under Part Suitability?

Deception (SUI 9.1) requires proof of deliberate dishonesty and triggers mandatory refusal plus a 10-year re-entry ban. False representations (SUI 10.1) involve incorrect information without proven dishonest intent, leading to discretionary refusal with no automatic ban. The Court of Appeal in AA (Nigeria) [2010] established that deception cannot exist without dishonesty. Where information is incorrect but deception cannot be proven, decision-makers may refuse under the discretionary false representations ground but must exercise judgment considering all circumstances.

Does Part Suitability UK immigration 2026 apply to spouse and family visas?

Yes, Part Suitability now fully applies to Appendix FM (spouse, partner, parent, and child visas), Appendix Private Life, Appendix Adult Dependent Relative, and Appendix Settlement Family Life from 11 November 2025. This represents a significant change as these routes previously benefited from more lenient suitability provisions. Family visa applicants now face mandatory refusal for custodial sentences of 12 months or more regardless of how long ago convictions occurred, with previous rehabilitation-period flexibilities removed.

What is the 14-day grace period for overstaying under Part Suitability?

The 14-day grace period under SUI 13.1 allows overstaying to be disregarded where applications were made within 14 days of previous permission expiring AND good reason beyond the applicant's or representative's control prevented timely submission. The grace period also applies to applications submitted within 14 days of a previous in-time application being refused or rejected, or following appeal or administrative review conclusion. Decision-makers must be satisfied the delay reason was genuine and unavoidable.

Can I appeal a Part Suitability refusal UK immigration 2026?

Applications refused under Part Suitability typically do not carry appeal rights unless they constitute human rights claims engaging Article 8 ECHR or other convention rights. Administrative review may be available for caseworking errors involving factual mistakes or incorrect rule application. Where neither appeal nor administrative review applies, judicial review provides the mechanism for challenging unlawful decisions based on procedural unfairness, failure to consider relevant factors, or irrationality. Fresh applications addressing identified concerns remain an option where circumstances permit.

What criminal convictions lead to mandatory visa refusal under Part Suitability?

Under SUI 5.1, mandatory visa refusal applies for: any criminal conviction (UK or overseas) receiving a custodial sentence of 12 months or more regardless of when it occurred; persistent offending showing particular disregard for the law even without lengthy sentences; and criminal offences causing serious harm. Custodial sentences under 12 months and non-custodial sentences trigger discretionary refusal under SUI 5.3, permitting caseworkers to assess individual circumstances including rehabilitation, time elapsed, and sentence nature before deciding whether to refuse.

Expert Immigration Legal Guidance

✓ Part Suitability Assessment

Comprehensive evaluation of potential suitability grounds affecting visa applications, including criminal record analysis, previous immigration history review, and deception risk assessment

✓ Refusal Challenge Support

Expert guidance on administrative review applications, human rights appeals, and judicial review proceedings challenging incorrect Part Suitability refusal decisions

✓ Reapplication Preparation

Strategic fresh application preparation addressing identified suitability concerns with comprehensive evidence, explanations, and supporting documentation

Part Suitability UK immigration 2026 creates significant implications for visa applicants with criminal records, previous immigration difficulties, or documentation concerns. Understanding mandatory versus discretionary refusal grounds, re-entry ban periods, and available challenge mechanisms proves essential for preparing successful applications and responding appropriately to refusal decisions.

The expanded application of Part Suitability to family visa routes, removal of previous rehabilitation-period flexibilities, and stricter criminality thresholds require careful assessment of individual circumstances before application submission. Professional guidance helps identify potential suitability concerns, prepare appropriate evidence addressing identified risks, and navigate complex provisions affecting application outcomes.

For expert guidance on Part Suitability UK immigration 2026 concerns, contact Connaught Law's specialist immigration team. Our experienced solicitors provide comprehensive support for applicants facing suitability concerns, refusal challenges, and complex immigration matters requiring detailed understanding of current Immigration Rules provisions and Home Office decision-making practices.

Part Suitability UK Immigration 2026: Complete Guide to Visa Refusal Grounds