Currently, general grounds for refusal are contained in Part 9 of the Immigration Rules. These are not applicable to:
- Appendix FM
- Appendix Private Life
- Appendix Adult Dependent Relative
- Appendix Settlement Family Life
On 11 November 2025, a new Part Suitability will come into effect replacing Part 9: grounds for refusal. Whilst there remain some immigration routes to which this new Part Suitability will not apply, it will apply to the above Appendices. This is one of the key differences between the two Parts, which are otherwise similar.
In summary and focusing on Appendix FM, this is relevant because:
- Entry clearance applications submitted under Appendix FM will be subject to new suitability criteria based around convictions (both imprisonment and otherwise), re-entry bans for overstaying more than 30 days and current or previous breaches for in-country applications.
- Where a refusal under Part Suitability would be incompatible with the UK obligations under ECHR, route specific rules take precedence. However, even those applications that are decided on a discretionary basis or under General Exceptions set out in Appendix FM will be subject to a level of suitability criteria. The new rules will read:
D-ECP.1.2A. Where paragraph GEN 3.2(3) applies but the applicant does not meet the suitability paragraphs SUI 2.1., SUI 2.3., SUI 4.1., SUI 5.1., in Part Suitability, the application on Appendix FM will be refused.
- Part Suitability has introduced a new and additional ground for refusing entry clearance applications where there is a safeguarding concern. This applies to entry clearance applications made under Appendix FM and appears to relate to children only.
This limits the current somewhat generous approach to suitability afforded to Appendix FM applicants.
Refusal based on deception
Part Suitability has largely retained the current wording of Part 9 but for a small but significant change in terminology. Currently, Part 9 requires the decision maker to, ‘prove that it is more likely than not the applicant used deception.’ Part Suitability will broaden this to, ‘the decision maker is satisfied the applicant used deception.’
In practice, there are often cases where the decision maker’s proof of deception or lack of can be challenged. The change of terminology appears to afford greater flexibility to decision makers and lends support to the lack of evidence in such matters. It will be interesting to see how case law evolves and provides guidance with respect to this change.
Transitional arrangements
Part Suitability will come into effect on 11 November 2025 without any transitional arrangements.
However, route specific changes e.g. those relating specifically to Appendix FM are subject to transitional arrangements. Any Appendix FM applications filed on or before 10 November 2025, will be considered as per the Immigration Rules applicable at the date of application.
The full Statement of changes to the Immigration Rules: HC 1333, 14 October 2025 set out full details of the expected changes.
If you require assistance with understanding how the suitability requirements apply to you, one of our experts can answer your questions.
