Part Suitability—Now in Effect From 11 November 2025

A major change is now impacting all UK visa categories, including Family and Private Life routes.

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As of 11 November 2025, the UK Home Office has officially implemented Part Suitability, a consolidated framework that brings all grounds for refusal under one unified system.

For the first time, these rules now apply to Family and Private Life routes—including Appendix FM and Appendix Private Life—which previously had certain exceptions.

Before this update, some family-based applications had more flexibility. For example, a previous period of overstaying did not automatically lead to refusal if someone later applied under Appendix FM (such as a spouse visa).

Now, under the Part Suitability rules, these exceptions no longer apply. The framework is uniform across all visa categories, including family and private life applications.

The new rules apply to applicants under:

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

All applicants must now meet the updated Part Suitability criteria to avoid refusal.

Under the newly in-force SUI 11.3 and 11.4, an application can now be refused if there is evidence of:

• Overstaying (unless a recognised exception applies)
  
• Breaching visa conditions
  
• Illegal entry
  
• Deception in a previous application
  

These breaches now carry stricter and more consistent consequences.

Another key point:
Even applications submitted before 11 November are being assessed under the new rules if the decision is made after that date.

There were no transitional arrangements, meaning all pending decisions are now subject to Part Suitability.

The new framework has also introduced mandatory re-entry bans for certain immigration breaches, including overstaying.

Limited exceptions apply, such as:

• Overstays of less than 30 days
  
• Situations where human rights considerations must be taken into account
  

Even with these exceptions, the update significantly tightens the consequences of immigration breaches.

The most significant change is that the full Suitability requirements will now apply to human rights applications, including those made under Appendix FM and the Private Life routes. Under the updated rules, even human rights–based applications may face mandatory refusal where an applicant has received a custodial sentence of more than 12 months, as well as discretionary refusal for shorter sentences, patterns of repeat offending, or immigration breaches. Mandatory re-entry bans may also apply, alongside discretionary refusals for previous overstaying or non-compliance with visa conditions.
The Home Office has acknowledged that any refusal must still comply with the UK’s obligations under the European Convention on Human Rights. Where a refusal under the Suitability provisions would be incompatible with those obligations, specific rules outline the approach that must be taken.

In any human rights claim, the decision-maker must still consider whether the outcome complies with the UK’s obligations under the ECHR, including whether refusing the application would lead to unjustifiably harsh consequences. However, the recent amendments to Appendix FM narrow the circumstances in which GEN.3.2 can be relied upon, particularly where an applicant is refused on certain suitability grounds. Similar restrictions have also been introduced in areas such as Appendix Private Life.
Given the demanding threshold for succeeding under these provisions, applicants are now likely to face increased difficulty in both their applications and any subsequent appeals.

Anyone with a history of overstaying, visa breaches, or other immigration issues should seek advice as soon as possible. The new rules leave very little room for error.

At Stay UK, we support clients by:

• Reviewing their immigration history
  
• Identifying any Part Suitability risks
  
• Preparing applications that meet the new Home Office standards