New Suitability Rules to Apply to Appendix FM and Human Rights Immigration Applications from 11 November 2025

New Suitability Rules from 11 November 2025

The UK immigration rules are undergoing significant reform, with the introduction of Part Suitability, which will replace the existing Part 9 grounds for refusal. While the provisions are largely similar, the major shift lies in how these rules will now fully apply to human rights-based immigration applications, including:

• Appendix FM (family and partner routes)
• Appendix Private Life
• Appendix Adult Dependent Relative
• Appendix Settlement Family Life

This marks a departure from previous practice, where these routes benefited from various exceptions and exemptions.

The new rules, effective from 11 November 2025, also move the long-standing overstayer exceptions (previously found in paragraph 39E) into the new Part Suitability framework. Importantly, there are no transitional provisions allowing consideration under the old rules for applications decided after this date, even if submitted earlier.

Part Suitability Explained

Under the new framework, Part Suitability will apply broadly to all routes under the Immigration Rules except a few specified categories such as:

• Appendix EU and EU Family Permit
• Asylum (with some exceptions)
• Appendix Settlement Protection
• Appendix Service Providers from Switzerland

Essentially, the Home Office has unified the suitability framework, reducing the carve-outs that previously applied to family and private life applications.

Another key point is the expanded definition of “permission”, which now covers both permission to enter and permission to stay, including settlement (ILR). However, for those already settled in the UK, permission can only be cancelled under section 76 of the Nationality, Immigration and Asylum Act 2002 — offering some protection against curtailment.

For settled individuals outside the UK, however, this safeguard does not apply, suggesting potential vulnerability for ILR holders re-entering the country. Those affected may wish to consider naturalisation as a British citizen for greater security.

Additional Ground for Refusal under Appendix FM

An important addition under the new regime introduces a safeguarding-based refusal ground:

SUI 6.1: Entry clearance under Appendix FM must be refused if the decision maker believes the applicant’s parent or their partner poses a risk to the child applicant.

This is expected to be applied in cases involving children or dependent minors.

Deception and False Information

The existing deception provisions have been carried over with slightly revised wording. Previously, the Home Office had to prove that it was more likely than not that deception occurred. Under the new rule, the test is whether the decision maker is “satisfied” deception took place.

This subtle linguistic shift may not have a substantial impact due to strong existing case law on deception, but it technically broadens the Home Office’s discretion. The rule applies both to refusal of new applications and cancellation of leave extended under section 3C of the Immigration Act 1971.

Breaches of Immigration Law

The new suitability rules also redefine what constitutes a “breach of immigration law.” Under SUI 11.4, an applicant will be considered in breach if they have:

• Overstayed their visa (without an applicable exception)
• Breached conditions of leave (e.g., working in breach)
• Entered illegally
• Used deception in a previous application

This expanded definition means breaches such as working without permission or illegal entry now carry greater risk of refusal, even for applications based on family or private life.

The discretionary refusal power under SUI 11.3 also allows the Home Office to refuse applications based on past breaches, even if the individual later obtained leave. This could potentially affect applicants seeking settlement after a prior overstay, though the provision remains discretionary.

Exceptions for Overstayers

The long-standing 14-day grace period for late applications will continue under SUI 13.1, with allowances for good reasons beyond the applicant’s control, as well as exceptions for those affected by the COVID-19 pandemic and exceptional assurances.

This continuity ensures that those who act quickly after a refusal or who had legitimate reasons for delay won’t be automatically treated as overstayers.

Application to Human Rights-Based Routes

Perhaps the most impactful change is that Part Suitability will now apply in full to human rights applications such as Appendix FM and Private Life routes — areas previously treated more leniently due to their Article 8 ECHR implications.

Under the new rules, even human rights-based applications can face:

• Mandatory refusal for any custodial sentence over 12 months
• Discretionary refusal for lesser convictions or repeated offending
• Mandatory re-entry bans for immigration breaches
• Discretionary refusal for previous overstaying or breaches of conditions

While these applications engage Article 8 rights (family and private life), the Home Office explicitly acknowledges that refusals must not breach ECHR obligations. The rulebook states:

“Where a refusal under this Part would be incompatible with the UK’s obligations under the European Convention on Human Rights, the route-specific rules set out the approach to be taken.”

Changes to Appendix FM: Partners, Parents, and Children

GEN 3.1 and GEN 3.2

Appendix FM has always contained “exceptional circumstances” provisions allowing applications to be granted despite not meeting all requirements, if refusal would breach Article 8. Under the new rules, these exceptions can no longer override certain Part Suitability grounds.

Applications will be refused even where exceptional circumstances exist if the applicant falls under any of these mandatory refusal categories:

1. Subject to exclusion or deportation (SUI 2.1)
2. Excluded under section 8B(4) of the Immigration Act 1971 (SUI 2.3)
3. Excluded from refugee protection (SUI 4.1)
4. Convicted of a serious offence or persistent offending (SUI 5.1)

This significantly narrows the discretion previously available to caseworkers.

Transitional Provisions and Case Example

Although the Appendix FM changes include a transitional clause (for applications lodged before 11 November 2025), Part Suitability itself does not. This means even pre-11 November applications may still fall under the new regime if decided later.

Example:
Frank, a US citizen with a 14-month prison sentence 20 years ago, applies under Appendix FM on 10 November 2025. His application is decided in January 2026. Under the old rules, he would qualify since his sentence was over 12 months but more than 10 years have passed. Under Part Suitability, however, his application faces mandatory refusal under SUI 5.1(a).

This creates ambiguity — likely an unintended conflict between transitional rules and the broad applicability of Part Suitability — but applicants in such circumstances may still argue under Article 8 ECHR that refusal would be disproportionate and unjustifiably harsh.

Article 8 Compatibility

Despite the tightening of suitability standards, human rights remain a crucial safeguard. Refusals that would breach Article 8 (right to respect for family and private life) must still be overridden. For instance, a long-settled partner of a British citizen with a decades-old conviction may not reasonably be removed without violating human rights protections.

Appendix Private Life

This route now falls entirely under Part Suitability, with similar human rights protections. Refusal may still be overridden under PL 8.1 if it would breach Article 8 ECHR, except where the applicant triggers one of the four mandatory grounds listed above (SUI 2.1, 3.1, 4.1, or 5.1).

Settlement applications under Private Life will also continue to be refused where the applicant has, for example, used deception, owes NHS debt, or breached conditions — unless they meet the long residence requirement of 10 years’ lawful residence.

Appendix Adult Dependent Relative (ADR)

The same structural change applies to ADR applications — Part Suitability now governs their assessment. Although ADR still contains an Article 8 exception for “unjustifiably harsh consequences,” the cross-references to Appendix FM’s suitability provisions are now outdated and likely to be corrected in a future update.

Appendix Settlement Family Life

Applications for settlement under the family life route are now equally bound by Part Suitability. Any of the major suitability grounds — particularly criminality, deception, or immigration breaches — can trigger mandatory or discretionary refusal unless compelling Article 8 grounds are established.

From 11 November 2025, the Home Office will apply a unified suitability standard across nearly all immigration routes, including human rights-based applications under Appendix FM and Private Life.

This reform marks a major shift: applicants who previously benefited from more lenient family route exceptions may now face mandatory refusals for past convictions or immigration breaches. While Article 8 protections remain vital, applicants and their representatives will need to prepare strong human rights arguments and compelling evidence to mitigate refusal risks under the new Part Suitability regime.

Need Expert Advice?

At Deluxe Law Chambers, our expert UK immigration solicitors specialise in complex family and human rights applications — including cases affected by the new suitability rules under Appendix FM and Private Life.

If you are concerned about how your past immigration history or conviction may impact your visa or settlement application after 11 November 2025, contact our team for a confidential consultation today.

📞 Call us: 01614644140
🌐 Visit: https://www.deluxelawchambers.co.uk