The existing "General Grounds for Refusal" is being replaced by a new section called Part Suitability of the Immigration Rules. The core methodology remains: The Home Office can refuse or cancel entry if the applicant fails to meet the suitability/ refusal grounds.
1. New suitability rules from 11th November 2025
The major shift lies in how these rules will now fully apply to human rights-based immigration applications, including Appendix FM family and partner rules, Appendix Private Life, Appendix Adult Dependent Relatives, and Appendix Settlement Family life. This marks a departure from previous practice where these routes benefited from various exceptions and exemptions. The new rules, effective from 11th November 2025, moved the long-standing overstayer exception previously found in paragraph 39E into a new Part Suitability Framework. There will be no transitional provisions allowing consideration under the old rules for applications decided after this date, even if submitted earlier.
2. Who is excluded from the new framework suitability?
Appendix EU and EU family permit; Asylum; Appendix Settlement Protection and Appendix Service Providers from Switzerland. An important addition under the new regime introduced a safeguarding-based refusal ground. Under SUI 6.1, entry clearance under Appendix FM must be refused if the decision maker believes the applicant's parent or their partner pose risks to the child applicant. This is expected to be applied in cases involving children or dependent minors.
3. Deception and false information
The existing deception provisions have been carried over with slightly revised wording. Under the new rules, the test is whether the decision maker is satisfied deception has took place as opposed to whether the Home Office has to prove that it was more likely than not the deception occurred. This difference both broadens the Home Office discretion and rules applies to both the refusal of new applications and cancellations of leave extended under section 3C of the Immigration Act 1971.
4. Breaches of immigration law
The new suitability rules also redefine what constitutes a breach of immigration law. Under SUI 11.4, an applicant will be considered in breach if they have overstayed their visa, breached conditions of leave, entered illegally or used deception in a previous application.
The discretionary refusal power under SUI 11.3, allows the Home Office to refuse applications based on past breaches, even if the individual later obtained leave. This could potentially affect applicants seeking settlement after previously being an overstayer, though the provisions remain discretionary.
5. Exceptions for overstayers
The long-standing 14 days grace period for late applications will continue under SUI 13.1, with allowances for good reasons beyond the applicant's control, as well as exceptions for those affected by Covid-19 pandemic and exceptional assurance.
6. Applications to Human Rights based routes
The most impactful change is that Part Suitability will now apply in full to human rights applications such as Appendix FM and private life routes. Under the new rules, even human rights-based applications can face mandatory refusal for any custodial sentence over 12 months, discretionary refusal for lesser convictions or repeated offending, mandatory re-entry bans for immigration breaches and discretionary refusal for previous overstaying or breaches of conditions. The Home Office acknowledged that refusals must not breach ECHR obligations. Where refusal under this part would be incompatible with the UK's obligations under the European Convention on Human Rights, there are specific rules set out with regard to the approach to be taken.
7. GEN 3.1 and GEN 3.2
Appendix FM has always contained exceptional circumstances provisions allowing applications to be granted despite not meeting all the requirements, if refusal will breach article 8. Under the new rules, these exceptions can no longer override the certain part of the suitability grounds. Therefore, applications will be refused even where there are exceptional circumstances, if the applicant falls under any of these mandatory refusals, namely subject to exclusion or deportation order; Excluded under section 8B(4) of the Immigration Act 1971; Excluded from the Refugee Convention, or convicted of a serious offence or persistent offending SUI 5.1. Although Appendix FM changes include transitional clauses for applications lodged before 11th November 2025, Part Suitability itself does not. This means even pre-11th November applications may still fall under the new regime if decided later.