From 11 November 2025, the UK Home Office will implement changes to suitability rules for family and private life visas 2025, replacing Part 9: Grounds for Refusal with the new Part Suitability. These updates align family and private life visa rules with other visa categories, introducing stricter grounds for refusal based on criminal convictions, previous immigration breaches, and re-entry bans. Applicants should review their eligibility carefully and seek expert advice to ensure compliance with the new rules.
On 14 October 2025 the government published a statement of changes (HC 1333) that will be made to the current Immigration Rules, some of which will have major ramifications. From 11 November 2025 the follow changes to suitability rules for family and private life applications will take effect.
Change to replace Part 9: Grounds for Refusal, with Part Suitability
The grounds on which the Home Office can refuse visa and leave to remain applications for suitability reasons are listed in Part 9 of the Immigration Rules. These rules contain mandatory grounds for refusal, whereby applications must be refused and discretionary grounds for refusal, whereby applications may be refused. These grounds largely relate to criminality, deception, false information, overstaying and previous breaches of immigration laws, NHS debts and unpaid litigation costs.
The grounds for refusal, currently contained in Part 9 of the Immigration Rules, is to be replaced with a new section in the Immigration Rules called Part Suitability. Most of the new ‘Part Suitability’ rules reflect the previous ‘Part 9’ rules, albeit there are some changes in the language used.
This update forms a key part of the wider changes to suitability rules for family and private life applications 2025, creating a more unified framework for refusal decisions.
Change to align Family and Private Life rules with the common suitability rules for refusal (amendments to Appendix FM, Appendix Private Life, Appendix Adult Dependant Relative and Appendix Settlement Family Life)
Until now, the Part 9 grounds for refusal – soon to become the Part Suitability grounds for refusal – have not applied entirely to family and private life applications for entry clearance, permission to enter or permission to stay, which have had their own set of more generous suitability rules.
From 11 November 2025, the new and stricter ‘Part Suitability’ rules and grounds for refusal will apply to family and private life applications in the same way as they do for work and study applications. This represents a significant change under the changes to suitability rules for family and private life visas 2025.
Criminality grounds for refusal
The suitability rules, prior to 11 November 2025, for family and private life applications provide for refusal on criminality grounds in the following circumstances:
- convicted and received a 4 year (or more) prison sentence;
- convicted and received a prison sentence of between 12 months but less than 4 years, unless a period of 10 years has passed; or
- convicted of an offence and received prison sentence of less than 12 months, unless a period of 5 years has passed.
From 11 November 2025, the new rules in Part Suitabilty will require a mandatory ground of refusal where the applicant has been convicted and received a prison sentence of 12 months or more. Where an applicant has been convicted and received a prison sentence of less than 12 months, a non-custodial sentence or other out-of-court disposal, they may be refused under the discretionary ground for refusal.
These changes appear to apply to entry clearance visa applications, as well as applications for further leave to remain and indefinite leave to remain by those already inside the UK on family and private life routes. These changes to do not make any provision or concessions for persons already in the UK with leave to remain, who have for example a historic conviction and were sentenced to imprisonment for 12 months of more. This could leave people who have previously been granted permission to enter or stay in the UK, and who have relocated to the UK, unable to further extend their leave. We hope further guidance will follow from the Home Office that will provide some clarity on this.
Whilst the Home Office still have a discretion to grant leave to remain to a person where they do not meet the suitability requirements, historically it has been very unusual for the Home Office to grant a person indefinite leave to remainwhere they do not meet the immigration rules. If the Home Office conclude that removal would still breach someone’s human rights but they do not meet the new suitability criteria, they will still be required to grant that person leave to remain. However this could mean that the Home Office will never grant that person indefinite leave to remain, and they will be required to keep making regular, paid-for, extension applications.
Previous breach of immigration law, including overstaying, grounds for refusal
The suitability grounds for refusal to be applied to family and private life applications from 11 November 2025 prescribe re-entry bans. For example, a 12 month re-entry ban is imposed where a person previously breached immigration laws, including overstaying (unless the overstaying was exempt), and left the UK voluntarily at their own expense. Prior to 11 November 2025, an applicant applying for a visa to enter the UK under the partner route was not subject to this 12-month re-entry ban and their application could succeed so long as they had not “contrived in a significant way to frustrate the intention of the rules” and there were not “other aggravating circumstances” in addition to the immigration breach. From 11 November 2025, family and private life visa applicants will be subject to the same re-entry bans as other categories of visa applicant.
The family and private life visa routes have some human rights exceptions to the grounds for refusal where refusal would be in breach of article 8 human rights, but these exceptions are limited in scope.
Take Action Now
The changes to suitability rules for family and private life visas 2025 make it more important than ever to ensure your application meets the new Home Office requirements.
If you are planning to apply for a family or private life visa, extend your leave, or apply for indefinite leave to remain, it is crucial to get expert advice. Our experienced immigration lawyers can guide you through the process, help you understand the impact of the new Part Suitability rules, and improve your chances of a successful application.
Contact us today for a free consultation and make sure your application is fully compliant with the latest changes to suitability rules for family and private life visas 2025.
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