The present “Common Grounds for Refusal” is being changed by a brand new part referred to as Part Suitability of the Immigration Rules. The core methodology stays: The Residence Workplace can refuse or cancel entry if the applicant fails to fulfill the suitability/ refusal grounds.
1. New suitability guidelines from Eleventh November 2025
The most important shift lies in how these guidelines will now absolutely apply to human rights-based immigration functions, together with Appendix FM household and associate guidelines, Appendix Private Life, Appendix Adult Dependent Relatives, and Appendix Settlement Household life. This marks a departure from earlier apply the place these routes benefited from numerous exceptions and exemptions. The brand new guidelines, efficient from Eleventh November 2025, moved the long-standing overstayer exception beforehand present in paragraph 39E into a brand new Part Suitability Framework. There will likely be no transitional provisions permitting consideration underneath the previous guidelines for functions determined after this date, even when submitted earlier.
2. Who’s excluded from the new framework suitability?
Appendix EU and EU family permit; Asylum; Appendix Settlement Safety and Appendix Service Suppliers from Switzerland. An vital addition underneath the new regime launched a safeguarding-based refusal floor. Underneath SUI 6.1, entry clearance underneath Appendix FM should be refused if the resolution maker believes the applicant’s dad or mum or their associate pose dangers to the little one applicant. That is anticipated to be utilized in instances involving kids or dependent minors.
3. Deception and false data
The present deception provisions have been carried over with barely revised wording. Underneath the new guidelines, the check is whether or not the resolution maker is happy deception has occurred versus whether or not the Residence Workplace has to show that it was extra seemingly than not the deception occurred. This distinction each broadens the Residence Workplace discretion and guidelines applies to each the refusal of new functions and cancellations of go away prolonged underneath part 3C of the Immigration Act 1971.
4. Breaches of immigration regulation
The brand new suitability guidelines additionally redefine what constitutes a breach of immigration regulation. Underneath SUI 11.4, an applicant will likely be thought of in breach if they’ve overstayed their visa, breached circumstances of go away, entered illegally or used deception in a earlier utility.
The discretionary refusal energy underneath SUI 11.3, permits the Residence Workplace to refuse functions primarily based on previous breaches, even when the particular person later obtained go away. This might doubtlessly have an effect on candidates in search of settlement after beforehand being an overstayer, although the provisions stay discretionary.
5. Exceptions for overstayers
The long-standing 14 days grace interval for late functions will proceed underneath SUI 13.1, with allowances for good causes past the applicant’s management, in addition to exceptions for these affected by Covid-19 pandemic and distinctive assurance.
6. Purposes to Human Rights primarily based routes
Probably the most impactful change is that Part Suitability will now apply in full to human rights functions similar to Appendix FM and private life routes. Underneath the new guidelines, even human rights-based functions can face obligatory refusal for any custodial sentence over 12 months, discretionary refusal for lesser convictions or repeated offending, obligatory re-entry bans for immigration breaches and discretionary refusal for earlier overstaying or breaches of circumstances. The Residence Workplace acknowledged that refusals should not breach ECHR obligations. The place refusal underneath this half can be incompatible with the UK’s obligations underneath the European Conference on Human Rights, there are particular guidelines set out with regard to the method to be taken.
7. GEN 3.1 and GEN 3.2
Appendix FM has all the time contained distinctive circumstances provisions permitting functions to be granted regardless of not assembly all the necessities, if refusal will breach article 8. Underneath the new guidelines, these exceptions can now not override the sure half of the suitability grounds. Subsequently, functions will likely be refused even the place there are distinctive circumstances, if the applicant falls underneath any of these obligatory refusals, specifically topic to exclusion or deportation order; Excluded underneath part 8B(4) of the Immigration Act 1971; Excluded from the Refugee Conference, or convicted of a severe offence or persistent offending SUI 5.1. Though Appendix FM adjustments embody transitional clauses for functions lodged earlier than Eleventh November 2025, Part Suitability itself doesn’t. This implies even pre-Eleventh November functions should still fall underneath the new regime if determined later.
