Part Suitability of the Immigration Rules 2025

• Written by: LawSentis
• November 13, 2025
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What is Part Suitability?

Part Suitability serves as the central reference point in the UK Immigration Rules for issues relating to character, conduct, and public interest. It replaced Part 9 on 11 November 2025 and now underpins most refusal and cancellation decisions. Outcomes under Part Suitability are either mandatory or discretionary, with route-specific Appendices and human rights considerations able to influence the outcome in a given case. The correct result depends on the facts, timing, and exact paragraph applied.

Part Suitability applies across work, study, visit, and family routes and also feeds into settlement assessments. However, it does not apply to Appendix EU, Appendix EU (Family Permit), most of Part 11 (except paragraphs 352ZH–352ZS and 352I–352X), Appendix Service Providers from Switzerland, Appendix Settlement Protection, or Appendix Electronic Travel Authorisation. Certain categories have limited cross-reference only, so it is important to consult the relevant route Appendix for any specific provisions.

Route Appendices often point back to Part Suitability for suitability outcomes, but they may adjust how the Part applies in specific scenarios. Where a refusal under the Part would be incompatible with UK human rights obligations, the route-specific rules guide caseworkers on the required approach. Decisions remain evidence-led, with caseworkers weighing the facts against the precise suitability paragraph and any route-specific instructions before reaching either a mandatory or discretionary outcome.

The Part became effective on 11 November 2025. Always apply the version of the route Appendix in force on the application date, as wording and cross-references may change. Paragraph numbering has also shifted; for example, overstayer exceptions are now found in SUI 13.1 rather than the former paragraph 39E. Decision letters will reflect the new numbering, so submissions and evidence should mirror this structure.

Suitability also impacts settlement applications, as these are assessed against Part Suitability. For individuals already holding settlement and remaining in the UK, cancellation does not run through Part Suitability. Instead, cancellations in such cases are governed by section 76 of the Nationality, Immigration and Asylum Act 2002. This distinction is critical when advising on post-grant risk and enforcement actions.

Part Suitability Contents

Part Suitability provides a single, unified framework. It begins with scope and interpretation, then sets out refusal grounds, which are either mandatory or discretionary. Separate provisions cover border decisions and in-country permission to stay, followed by cancellation triggers that arise after grant. Route Appendices point to relevant paragraphs, ensuring consistent language and application across most visa categories.

1. Structure and Signposts

The Part starts by confirming where it applies and where it does not. It lists suitability grounds in a logical sequence, including public good, criminality, deception, and previous breaches. Later sections deal with purpose, change of circumstances, and cancellation. Cross-references indicate where route rules modify the effect of the Part, such as in family or private life assessments or where human rights considerations affect the outcome.

2. Mandatory and Discretionary Outcomes

Certain grounds require refusal, while others allow caseworkers to weigh evidence before deciding. Decision letters specify the paragraph applied and whether the outcome is mandatory or discretionary. Submissions should mirror this structure, addressing each element of the paragraph, the evidence relied upon, and any route-specific wording guiding discretion.

3. Overstayer Exceptions – SUI 13.1

Overstayer exceptions have moved to SUI 13.1. Applicants may avoid being treated as overstayers if an in-time refusal is followed by a further application within 14 days with a good reason beyond their control. Similarly, applications made within 14 days of expiry with a valid reason also avoid overstayer treatment. Previous policy periods, including exceptional assurance and COVID concessions, remain relevant where chronology supports reliance. Any reliance on an exception should be clearly documented with dates and supporting evidence.

4. Deception and False Representations

Deception carries mandatory consequences, potentially leading to refusal and cancellation under section 3C. False representations fall under discretionary grounds, which can be triggered by statements or documents from the applicant or third parties, even if the applicant was unaware. Sponsors and advisers should treat all supporting material as formal immigration evidence.

5. Border Decisions and Permission to Stay

Part Suitability includes grounds for decisions at the border, including purpose, public good, and deception. In-country permission-to-stay decisions use the same framework, with additional paragraphs addressing compliance, route integrity, and conditions. Visitors and short-term stays face extra criminality rules; timing relative to conviction or sentence completion can be decisive. On arrival, permission must be refused where entry clearance is missing or where a recognised passport or travel document cannot be produced. Travelers heading to other parts of the Common Travel Area must also meet entry requirements for those areas.

6. Cancellation Architecture

Cancellation provisions appear later in the Part. They allow cancellation where facts change after grant, purpose differs from stated intentions, or route integrity fails. Sponsored work and study routes have dedicated triggers, including non-start, cessation of activity, start date delays beyond 28 days, sponsor licence loss, or unapproved employer changes. For settled persons in-country, cancellation is handled under section 76 of the 2002 Act, not Part Suitability.

What are the Suitability Grounds?

Part Suitability groups outcomes into mandatory and discretionary grounds. The following uses the current paragraph numbering (SUI).

1. Mandatory Grounds

• Public interest and status bars: Exclusion or deportation orders trigger mandatory refusal/cancellation (SUI 2.3–2.4).

• Non-conducive presence: Presence not conducive to public good due to conduct, character, or associations requires refusal/cancellation (SUI 3.1–3.2).

• Protection exclusions: Refugee or humanitarian protection exclusions require refusal/cancellation (SUI 4).

• Criminality thresholds: Custodial sentence of 12 months or more triggers refusal/cancellation (SUI 5.1–5.2). Short-term visits have additional rules (SUI 5.4).

• Safeguarding in family cases: Appendix FM cases are refused where a parent or partner poses a risk to a child (SUI 6.1).

• Deception: Mandatory refusal under SUI 9.1; cancellation under section 3C (SUI 9.2).

• Previous breach within relevant period: Refusal applies depending on length of previous breach (SUI 11.1, SUI 12.1).

• Medical grounds at entry: Refusal unless compassionate reasons exist (SUI 19.1).

• On-arrival checks: Refusal if required entry clearance or documents are missing (SUI 20.1, SUI 21.1).

2. Discretionary Grounds

• Lower-level criminality: Non-custodial or custodial <12 months considered under SUI 5.3, 5.5.

• Fit and proper for Innovator/Founder: Financial or regulatory concerns (SUI 7).

• Sham marriage/civil partnership: Engagement may lead to refusal/cancellation (SUI 8).

• False representations: Misstatements or third-party inaccuracies (SUI 10).

• Previous breach outside relevant period: Refusal may apply depending on control frustration (SUI 11.2, 11.3, 11.7).

• Procedural non-compliance: Failure without excuse (SUI 14).

• Common Travel Area/third-country admission: Admission not shown (SUI 15.2).

• Debt-related grounds: NHS charges ≥£500, unpaid Home Office costs (SUI 16–17).

• Purpose and conduct: Not covered by rules (SUI 18, SUI 25).

• On-arrival discretionary issues: Non-recognised/unacceptable documents, customs breaches, ETA (SUI 21.2, 24, 26.1).

• Permission to stay extras: Rough sleeping, anti-social behavior (SUI 27–28).

• Post-grant route integrity: Permission may be cancelled if route rules cease to apply, including dependants, sponsor/endorsement issues, non-start, cessation, salary/job changes (SUI 29–38), with Scale-up exceptions (SUI 39).

3. Overstayer Exceptions

SUI 13.1 exceptions mean overstaying may not count as a breach where timely re-application occurs within the 14-day window or during specified periods, including COVID or exceptional assurance. Previous breach analyses must consider this before applying SUI 11 outcomes.

Part Suitability and UK Immigration Routes

Part Suitability now underpins almost all visa and permission routes. Paragraphs operate uniformly, but some routes carry added risks or specific triggers. Key applications:

1. Skilled Worker and Global Business Mobility

These routes refer directly to Part Suitability. Decision notices follow new paragraph numbering; submissions must mirror this. High-risk areas include:

• Previous breaches under SUI 12.1 re-entry ban table

• Inaccuracies in CoS or salary (SUI 9, SUI 10)

• Criminality (SUI 5)

• NHS debt ≥£500 (SUI 16)

Post-grant, cancellation may occur due to:

• Non-start, cessation, start date slips >28 days (SUI 33)

• Licence loss or business transfers (SUI 34)

• Unauthorised employer changes (SUI 35)

• Prolonged unpaid/reduced-pay absence (SUI 36)

• Salary/job changes or endorsing body status issues (SUI 37–38)

2. Health and Care Worker

Framework applies similarly, with focus on:

• Safeguarding or fitness-to-practise issues

• Low-level criminal or regulatory findings (SUI 5.3)

• Employer compliance, HR, payroll, and CoS alignment

Post-grant risks: sponsor withdrawal, non-start, cessation, licence transfer failures.

3. Family and Private Life

Part Suitability replaces bespoke Appendix FM or Private Life provisions. Key considerations:

• Safeguarding priority (SUI 6.1)

• Criminality and deception rules (SUI 5, 9)

• NHS debt and previous breaches

• Evidence and chronology are critical

4. Student

Assessed under the same suitability paragraphs:

• Deception around CAS or funds triggers mandatory refusal (SUI 9)

• False representations considered discretionary (SUI 10)

• Overstaying assessed via SUI 13.1

• Post-grant cancellation for non-start, cessation, or delay >28 days (SUI 31–32)

• Pre-sessional language outcomes may affect cancellation

5. Visitor and ETA

• Common grounds: non-conducive presence (SUI 3), criminality (SUI 5.4), deception (SUI 9), purpose not covered (SUI 18), NHS debt ≥£500 (SUI 16)

• On arrival, refusal for missing entry clearance or travel documents (SUI 20.1–21.1), customs breaches (SUI 24)

• Part Suitability does not fully cover ETA, but entry may be refused if required ETA is absent (SUI 26.1)

6. Settlement After Work Route

Settlement assessed against Part Suitability:

• Mandatory bars for custodial sentences ≥12 months (SUI 5.1–5.2)

• Lower-level offending considered discretionary

• Earlier route records (salary, role, activity) revisited

• In-country cancellations governed by s.76 NIAA 2002

Practical Implications

Part Suitability centralises refusal and cancellation decisions, covering conduct, accuracy, purpose, and immigration history. Its practical impact affects both employers and applicants.

1. Impact on Employers

• Suitability is a live compliance risk from recruitment to exit

• HR, payroll, SMS, CoS, and employment contracts must align

• Job descriptions should match SOC code

• Pay changes, hours fluctuations, and start date shifts must be documented

• Licence events, business transfers, restructures require early planning

• Internal records (emails, letters) can be used as evidence in deception or false representation cases

2. Impact on Applicants

• Audit travel history, immigration status, and finances before filing

• Clear NHS debt ≥£500, repay Home Office costs

• Ensure forms, bank statements, and prior applications are consistent

• Criminal convictions require sentencing papers, rehabilitation evidence, and timing considerations

• Overstayer exceptions require tight chronology and documentation

• Keep post-grant purpose aligned with permission

• Timely notification of changes allows full discretionary assessment

3. Common Suitability Issues

Examples of typical scenarios:

1. Overstayer exception within 14 days: Hospital records, timelines meet SUI 13.1
2. Deception vs false representation: Third-party errors may shift SUI 9 → SUI 10
3. NHS debt repaid before application: Receipts and finance confirmations mitigate SUI 16
4. Visitor purpose queried at border: Compliant itinerary and invitations support entry (SUI 18)
5. Suspended sentence, short stay: Timing aligns with SUI 5.4 to secure grant
6. Sponsored worker start date delay: Sponsor notification and updated CoS prevent cancellation (SUI 33)
7. Family safeguarding concern: Evidence (GP, school, letters) addresses SUI 6.1
8. Settlement salary inconsistency: RTI submissions, finance letters reconcile evidence
9. Unpaid litigation costs: Consent orders and repayment plans mitigate SUI 17
10. Previous breach re-entry ban: Chronology confirms compliance with SUI 12.1
11. Student below B2 after pre-sessional course: New CAS, attendance, improvement evidence prevent cancellation (SUI 31.2–32)
12. Historic false identity: SAR disclosure and employer references resolve false representation risk

Summary

Part Suitability is now the core framework for UK immigration decisions concerning conduct, character, and compliance. It consolidates the old Part 9 provisions, ensures cross-route consistency, and updates grounds for refusal and cancellation. It is no longer a background check but a central test of credibility and behaviour. Even minor administrative errors, missed deadlines, or unpaid debts can result in adverse outcomes if not properly evidenced.

For employers, this regime reinforces the need for coordinated HR, payroll, and sponsorship systems that produce clear evidence. For applicants, accuracy, consistency, and full disclosure at every stage are essential. The Home Office applies Part Suitability meticulously, and decisions often hinge on paragraph choice and quality of supporting evidence. Taking expert legal advice before applying or responding to allegations can transform outcomes by identifying the correct rule, closing evidential gaps, and presenting facts aligned with how caseworkers assess suitability.

LawSentis is a UK-based, IAA-regulated immigration advisory firm providing premium guidance across all visa and settlement routes. Our team assists both employers and applicants in navigating Part Suitability, ensuring submissions, supporting evidence, and compliance meet the highest standards. With LawSentis, you can secure professional advice, reduce risk of refusal or cancellation, and confidently manage all stages of the immigration journey