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A New Era in UK Immigration Law: What Do the Part Suitability Rules Introduce?

A New Era in UK Immigration Law: What Do the Part Suitability Rules Introduce?

June 16, 2026

One of the significant changes introduced to the UK immigration system is Part Suitability, which provides a comprehensive framework setting out the circumstances in which visa applications may be refused or existing permission may be cancelled.

While this new section largely reproduces previous provisions (particularly those contained in Part 9), it also introduces several important changes and clarifications. In this article, we look at these changes in simple terms.

What is Part Suitability?

Part Suitability assesses whether an applicant meets the required suitability criteria.

This includes consideration of:

Breaches of immigration laws or rules
Criminal history
Deception
Conduct contrary to the public interest

If an applicant falls within any of these categories, their application may be refused on either a mandatory or discretionary basis.

Important Change: Paragraph 39E is Now Part of Part Suitability

Paragraph 39E, which previously existed as a separate provision, has now been incorporated into Part Suitability under paragraph SU13.1.

What does this mean?

If a person submits an application after their visa has expired, the application may not automatically be refused if it is made within 14 days and there is a valid reason for the delay.

However, if a valid reason cannot be established, the matter may be treated as an immigration breach. In such circumstances, the application may be refused and a re-entry ban may apply.

Why is this important? Because this issue has now become part of the Suitability assessment.

You may be able to submit a late application, but only if it is made within 14 days and there is a good reason for the delay. Otherwise, it may be treated as an immigration breach and your application may be refused.

The Definition of Immigration Breach Has Been Expanded

Previously, a person would generally be regarded as having breached immigration rules in two main situations:

Overstaying
Deception

Under the new provisions, this definition has been expanded. The following are now expressly treated as immigration breaches:

Overstaying without a valid exception
Breaching visa conditions
Illegal entry
Providing false information in previous applications

This change brings a number of situations that were previously considered grey areas clearly within the scope of immigration breaches.

Re-entry Bans

Re-entry bans for individuals who have breached immigration rules remain an important part of the system.

In general:

Individuals who leave voluntarily may be subject to a 12-month ban.
Individuals who have been removed at public expense or who have used deception may face a ban of up to 10 years.

Once these periods have expired, a person may make a new application. However, the application will not automatically be granted, as the applicant's previous conduct will still be taken into account.

Impact on Family and Private Life Applications

Previously, applications made under Appendix FM were subject to more flexible suitability provisions. However, this position changed on 11 November 2025.

Under the new rules:

Applications must be refused where the applicant has received a prison sentence of 12 months or more. Other criminal convictions may lead to refusal on a discretionary basis.
Existing permission must be cancelled where a person has received a prison sentence of more than 12 months.
Re-entry bans apply in cases involving immigration breaches.

These changes demonstrate that suitability requirements will now be applied more strictly, even in applications based on family life.

The Human Rights Balance

Family and private life applications are often considered under the right to respect for private and family life.

However, the new provisions seek to strike a stricter balance between the public interest and individual rights.

As a result, where serious criminality or immigration breaches are involved, applications based on human rights grounds may now face greater difficulties.