Understanding Part Suitability – Grounds for Refusal and Cancellation

Part Suitability of the UK Immigration Rules is one of the most critical sections governing visa and immigration applications. It outlines the mandatory and discretionary grounds on which an applicant may be refused entry clearance, permission to stay, or have their existing visa or settlement cancelled. Understanding these rules is essential for anyone applying for a UK visa, extension, or settlement, as failure to meet the suitability requirements can lead to automatic refusal regardless of eligibility under other parts of the Immigration Rules.

In this comprehensive guide, we explain what Part Suitability means, its key sections, and the comm on reasons for refusal or cancellation under this important part of UK immigration law.

What is Part Suitability in the Immigration Rules?

Part Suitability applies to most visa and immigration routes under the UK Immigration Rules, except for certain categories such as Appendix EU, Appendix EU (Family Permit), Part 11 (Asylum), Appendix Service Providers from Switzerland, and Appendix Settlement Protection.

It provides the legal framework through which the Home Office determines whether an applicant’s conduct, background, or circumstances make them unsuitable to enter or remain in the UK.

If an application is refused under Part Suitability, the applicant fails to meet the suitability requirements for that immigration route. In some cases, it can also lead to the cancellation of existing permission or settlement.

Key Legal Powers Behind Part Suitability

The powers to refuse or cancel permission under Part Suitability come from several key legislative sources, including:

• Immigration Act 1971
• Section 76 of the Nationality, Immigration and Asylum Act 2002 (revocation of indefinite leave)
• Immigration (Leave to Enter and Remain) Order 2000
• Schedule 2 of the Immigration Act 1971

These provisions give the Home Office authority to refuse, cancel, or revoke entry clearance and permission when certain suitability criteria are not met.

Mandatory vs. Discretionary Decisions

Under Part Suitability, the Home Office can make either:

• Mandatory decisions – where refusal or cancellation must occur if certain conditions apply (e.g. serious criminality or deception); or
• Discretionary decisions – where refusal or cancellation may occur depending on the decision-maker’s assessment (e.g. minor offences or certain breaches of immigration law).

Where a refusal under Part Suitability would breach the UK’s obligations under the European Convention on Human Rights (ECHR), the specific immigration route rules provide additional guidance on how to handle the case.

Grounds for Refusal or Cancellation under Part Suitability

Part Suitability is divided into several sections that cover various circumstances where a visa or permission can be refused or cancelled. Below are the key categories.

1. Exclusion, Deportation, or Travel Ban Grounds

Applications must be refused if the applicant:

• Is subject to a deportation order or a decision to make one, or
• Has been personally excluded from the UK by direction of the Secretary of State, or
• Is an excluded person under section 8B(4) of the Immigration Act 1971.

2. Non-Conducive to the Public Good

Permission must be refused or cancelled where the person’s presence in the UK is not conducive to the public good due to their character, conduct, or associations. This can apply even when there are no criminal convictions.

3. Criminality Grounds

Refusal or cancellation is mandatory if the applicant:

• Has been convicted and received a custodial sentence of 12 months or more;
• Is a persistent offender showing disregard for the law; or
• Has committed an offence causing serious harm.

Discretionary refusal may occur where an applicant has less serious convictions, non-custodial sentences, or recorded out-of-court disposals.

4. Deception or False Representation

Using false documents, making false statements, or withholding material facts in an application are serious suitability breaches.
Under SUI 9.1 and SUI 10.1, an application must or may be refused depending on the severity and intent of the deception. Permission can also be cancelled if deception is discovered after the grant.

5. Breach of Immigration Laws

Applicants may be refused if they have overstayed, worked in breach of conditions, or used deception in past applications. However, certain exceptions apply – for example, overstaying may be disregarded if:

• The applicant left voluntarily within the relevant grace period; or
• The refusal decision that caused the overstay was later withdrawn or quashed.

The Immigration Rules also outline re-entry bans (mandatory refusal periods) ranging from 12 months to 10 years, depending on how the person left the UK and whether they used deception.

6. Failure to Provide Information or Attend Interview

An application may be refused if the applicant fails without reasonable excuse to:

• Attend an interview;
• Provide requested information or biometrics;
• Undergo a medical examination or provide a medical report.

7. Medical Grounds

Entry clearance or permission must be refused if a medical inspector advises against admission for health reasons, unless strong compassionate grounds justify entry.

8. Sham Marriage or Civil Partnership

If it is more likely than not that an applicant has entered or attempted to enter a sham marriage or civil partnership, their visa can be refused or cancelled under SUI 8.1 and SUI 8.2.

9. Withdrawal of Sponsorship or Employment Termination

For sponsored routes such as Skilled Worker, Student, or Global Talent, permission may be cancelled if:

• The sponsorship is withdrawn;
• The applicant does not start their employment or studies;
• The sponsor loses their licence; or
• The applicant changes jobs or employers without authorisation.

This ensures that all sponsored migrants remain compliant with their Certificate of Sponsorship (CoS) or Confirmation of Acceptance for Studies (CAS) terms.

10. Rough Sleeping and Anti-Social Behaviour

Under SUI 27.1 and SUI 27.2, permission may be refused or cancelled where a person has repeatedly refused support while rough sleeping and has engaged in persistent anti-social behaviour.

Practical Implications for Applicants

Being refused under Part Suitability can have long-lasting immigration consequences, including re-entry bans, loss of lawful status, and difficulty obtaining future visas.

Applicants must ensure:

• Full honesty and accuracy in all immigration applications.
• Compliance with visa conditions (employment, study, or residence).
• No history of criminal convictions or deception.
• Prompt response to Home Office requests for documents, biometrics, or interviews.

How Immigration Solicitors Can Help

At Deluxe Law Chambers, our experienced UK immigration solicitors regularly advise clients facing visa refusals, cancellations, and suitability concerns under the Immigration Rules.

We can:

• Review your Home Office refusal letter;
• Identify potential errors of law or fact;
• Prepare a Pre-Action Protocol Letter (PAP) or Judicial Review if the decision was unlawful; and
• Assist with fresh applications addressing all suitability concerns.

Part Suitability of the UK Immigration Rules serves as a safeguard for the public interest but can also unfairly impact applicants who make minor errors or unintentional omissions. Understanding these rules and seeking expert legal advice early can make a decisive difference in protecting your immigration status.

If you’ve received a visa refusal or cancellation notice under Part Suitability, contact our expert immigration solicitors in London and Manchester today for a confidential consultation.