Section A: What is Part Suitability?
Part Suitability is the single reference point in the Immigration Rules for character, conduct and public interest issues. It replaced Part 9 on 11 November 2025 and now underpins most refusal and cancellation decisions. Outcomes are set as either mandatory or discretionary, with route Appendices and human rights considerations capable of altering the result in a given case. The correct outcome depends on the facts, the timing and the exact paragraph applied.
Part Suitability applies across the work, study, visit and family routes and feeds into settlement assessments. It does not apply to Appendix EU, Appendix EU (Family Permit), most of Part 11 save for paragraphs 352ZH to 352ZS and 352I to 352X, Appendix Service Providers from Switzerland and Appendix Settlement Protection. It also does not apply to Appendix Electronic Travel Authorisation. Some categories have limited cross-reference only, so check the relevant route Appendix for any tailored provisions.
Route Appendices point back to Part Suitability for suitability outcomes, but they can adjust how the Part bites in specific scenarios. Where a refusal under the Part would be incompatible with the UK’s human rights obligations, the route rules signpost the approach that caseworkers are required to take. The analysis remains evidence led. Decision makers weigh the facts against the precise suitability paragraph and any route-specific text before reaching a mandatory or discretionary outcome.
The change took effect on 11 November 2025. Always apply the version of the route Appendix in force on the application date, as wording and cross-references can change. Paragraph numbering has moved, for example overstayer exceptions now sit in SUI 13.1 rather than the former paragraph 39E. Decision letters will reflect the new numbering, so submissions and evidence should do the same.
Suitability still matters when applying for settlement because the application is assessed by reference to Part Suitability. Where a person already holds settlement and is inside the UK, cancellation does not run through the Part. In that scenario cancellation is handled under section 76 of the Nationality, Immigration and Asylum Act 2002. This boundary matters when advising on post-grant risk and any enforcement action.
DavidsonMorris Strategic Insight
Part Suitability brings into one place the rules that caseworkers use to assess character, conduct and public interest in most immigration applications.
Every detail in an application matters, and even small inconsistencies can be read as concealment or misrepresentation. A refusal under Part Suitability stays on your Home Office record, can affect credibility on later applications and may trigger re-entry bans depending on the facts.
Section B: Part Suitability Contents
Part Suitability is built as a single framework. It opens with scope and interpretation, then sets out refusal grounds that are either mandatory or discretionary. Separate provisions cover decisions at the border and decisions on permission to stay in country. The cancellation provisions are grouped later in the Part and include triggers that arise after grant. Route Appendices point into the relevant paragraphs so the same suitability language is used across most categories.
1. Structure and signposts
The Part starts by confirming where it applies and where it does not. It then lists suitability grounds in a logical order, including public good, criminality, deception and previous breach. Later sections deal with purpose and change of circumstances, followed by cancellation. Cross references call out where route rules modify the effect of the Part, for example in family or private life assessments or where human rights considerations change the outcome.
2. Mandatory and discretionary outcomes
Certain grounds require refusal. Others allow a caseworker to refuse having weighed the evidence. The decision letter will state which paragraph has been applied and whether the outcome was required or allowed. Submissions should mirror that structure, addressing each element of the paragraph, the evidence relied upon and any route wording that steers the exercise of discretion.
3. Overstayer exceptions now at SUI 13.1
The familiar overstayer exceptions have moved into SUI 13.1. An applicant may avoid being treated as an overstayer where an in-time refusal is followed by a further application within the 14-day window and with a good reason beyond their control. An applicant may also avoid being treated as an overstayer if a new application is made within fourteen days of expiry and there was a good reason beyond their control. Earlier policy periods, including exceptional assurance and specific COVID concessions, remain relevant where the chronology supports reliance. Any reliance on an exception should be set out clearly with dates and supporting evidence.
4. Deception and false representations
Deception carries mandatory consequences. A finding under the deception limb can require refusal and can bring cancellation of permission extended by section 3C. False representations sit in a separate discretionary ground. That provision can be engaged by statements or documents from the applicant or a third party, even where the applicant did not know, so sponsors and advisers should treat all supporting material as immigration evidence.
5. Border decisions and permission to stay
Part Suitability contains grounds used at the border, including findings on purpose, public good and deception. In-country decisions on permission to stay use the same framework, with additional paragraphs aimed at compliance with conditions and the integrity of the route. Visitors and short stays face extra criminality rules in the Part, so timing relative to conviction or sentence end can be decisive. On arrival, permission must be refused where required entry clearance is missing or where a traveller cannot produce a recognised passport or travel document. Where a person intends to travel on to another part of the Common Travel Area, permission must be refused if they are not acceptable to the immigration authorities there.
6. Cancellation architecture
Cancellation provisions sit towards the end of the Part. They allow permission to be cancelled where facts change after grant, where the stated purpose is not the real purpose or where route integrity fails. Sponsored work and study have dedicated triggers, including not starting, ceasing activity or start dates slipping beyond 28 days, sponsor licence loss or unapproved employer change. For settled persons in country, cancellation runs under section 76 of the 2002 Act, not under the Part.
DavidsonMorris Strategic Insight
Part Suitability sets the structure caseworkers follow, so use it to build your application. Check each relevant SUI paragraph and make sure you’re meeting every element with evidence and not just assertions.
Section C: What are the Suitability Grounds?
Part Suitability groups refusal and cancellation outcomes into two types. Some outcomes are required where the facts engage the rule. Others allow a decision maker to weigh the evidence and context. The mapping below follows that logic and uses the paragraph numbering from the Part.
1. Mandatory grounds (refusal or cancellation is required)
Public interest and status bars. Exclusion directions, exclusion orders, deportation orders or a decision to make one engage SUI 2. Applications are required to be refused, and existing permission is required to be cancelled where relevant. Where a person is an excluded person under a sanctions travel ban, refusal or cancellation applies under SUI 2.3 and SUI 2.4.
Non-conducive presence. If presence is not conducive to the public good because of conduct, character or associations, refusal or cancellation is required under SUI 3.1 and SUI 3.2.
Protection exclusions. Where Refugee Convention or humanitarian protection exclusion provisions apply, refusal or cancellation is required under SUI 4.
Criminality thresholds. A custodial sentence of twelve months or more engages SUI 5.1 for refusal and SUI 5.2 for cancellation. For Visitors and stays under six months, SUI 5.4 creates extra mandatory refusals unless twelve months have elapsed since sentence end or conviction date.
Safeguarding in family cases. Appendix FM cases are required to be refused where the parent or parent’s partner poses a risk to a child under SUI 6.1.
Deception. Deception in an application engages SUI 9.1 for mandatory refusal. Section 3C permission may be cancelled under SUI 9.2.
Previous breach within the relevant period. Where a previous breach exists and the new application falls within the table in SUI 12.1, refusal is required under SUI 11.1. The relevant period runs for twelve months, two years, five years or ten years depending on how the person left and whether deception was used.
Medical grounds at entry. Refusal is required on a medical inspector’s advice unless there are strong compassionate reasons under SUI 19.1.
On-arrival mandatory checks. Refusal on arrival is required where entry clearance was required but not held (SUI 20.1) or where a recognised passport or travel document cannot be produced (SUI 21.1).
2. Discretionary grounds (caseworker may refuse or cancel)
Lower-level criminality. Non-custodial convictions or custodial sentences under twelve months are considered under SUI 5.3 for refusal and SUI 5.5 for cancellation.
Fit and proper for Innovator Founder. Financial misconduct or regulatory concerns are considered under SUI 7 for refusal or cancellation.
Sham marriage or civil partnership. Involvement can lead to refusal or cancellation under SUI 8.
False representations. Misstatements, omissions or third-party inaccuracies fall under SUI 10 for refusal or cancellation, including where the applicant was unaware.
Previous breach outside the relevant period and frustration of controls. Refusal may be made under SUI 11.2, and permission may be refused under SUI 11.3, where the person is in breach and the facts show significant frustration of controls under SUI 11.7.
Procedural non-compliance. Failure without reasonable excuse to attend interview, provide information, biometrics or medical evidence engages SUI 14 for refusal or cancellation.
Common Travel Area and third-country admission. Refusal may be made where admission to another country is not shown under SUI 15.2.
Debt-related grounds. Unpaid NHS charges of at least £500 (SUI 16) and unpaid litigation costs owed to the Home Office (SUI 17) allow refusal.
Purpose and conduct. Purpose not covered by the Rules allows refusal under SUI 18. Post-grant change of circumstances or purpose allows cancellation under SUI 25.
On-arrival discretionary issues. Non-recognised or unacceptable documents (SUI 21.2), customs breaches (SUI 24), and ETA not held where required permit refusal on arrival under SUI 26.1.
Permission to stay extras. Rough sleeping with repeated refusal of support and persistent anti-social behaviour allows refusal or cancellation under SUI 27. Crew members face restrictions under SUI 28.
Post-grant route integrity. Permission may be cancelled where the person ceases to meet the route rules (SUI 29) or where a dependant’s lead is cancelled (SUI 30). Sponsor or endorsement withdrawal, non-start or cessation of study or work, delayed start beyond 28 days, sponsor licence loss or unapproved employer change, prolonged unpaid or reduced-pay absence, certain job or salary changes, and endorsing body status changes are covered under SUI 31 to SUI 38, with Scale-up exceptions in SUI 39.
3. Overstayer exceptions
Overstaying does not count as a breach where SUI 13.1 applies, including the two fourteen-day limbs and specified COVID and exceptional assurance periods. Where overstaying is disregarded under SUI 11.5 or SUI 11.6, previous breach analysis should reflect that position before any SUI 11.1 or SUI 11.2 outcome is applied.
DavidsonMorris Strategic Insight
It helps to separate mandatory from discretionary grounds at the start. If a rule requires refusal, mitigation is not going to assist you, while discretionary grounds can be saved if your argument is grounded in evidence. In any event, if you have any concerns about meeting or evidencing suitability, take advice early.
Section D: Part Suitability and UK Immigration Routes
Part Suitability now underpins nearly every visa and permission route. The paragraphs operate uniformly, but some routes carry added risks or route-specific triggers. The sections below explain how suitability applies in practice and where sponsors or applicants should focus their evidence.
| Route or Appendix | Part Suitability applies | Notes or carve-outs |
|---|---|---|
| Skilled Worker, GBM routes | Yes | Includes post-grant cancellation triggers (e.g. start delay, cessation, sponsor issues). |
| Student & Child Student | Yes | Cancellation covers non-start/cessation; sponsor withdrawal and certain language outcomes. |
| Visitor | Yes | Extra criminality rules for short stays; purpose and conduct closely assessed. |
| Appendix FM (Family) | Yes | Safeguarding ground applies; prior FM flexibilities removed. ECHR assessed via route text. |
| Appendix Private Life / ADR / Settlement Family Life | Yes | Now aligned to the common suitability framework with limited route nuances. |
| Settlement applications (ILR) | Yes (at application) | In-country cancellation of existing ILR is under s.76 NIAA 2002, not this Part. |
| Appendix EU | No | Apply EUSS rules and guidance. |
| Appendix EU (Family Permit) | No | Apply EUSS family permit guidance. |
| Part 11 (Asylum) | No (except specified) | Exceptions only: paragraphs 352ZH–352ZS and 352I–352X. |
| Appendix S2 Healthcare Visitor | Partial/route-specific | Use S2 visitor guidance. |
| Appendix Service Providers from Switzerland | No | Route-specific suitability handling applies. |
| Appendix Settlement Protection | No | Outside Part Suitability. |
| Appendix ETA | No | ETA handled under its own Appendix; entry may still be refused on arrival if ETA required but absent. |
| Appendix Domestic Worker who is a Victim of Modern Slavery | Partial | Only limited provisions apply; check the route Appendix. |
| Appendix ECAA Extension of Stay | Partial | Suitability provisions apply to permission to stay only. |
| All other route Appendices | Generally yes | Always use the version in force on the application date; cross-references can change. |
1. Skilled Worker and Global Business Mobility
These routes now point directly to Part Suitability. Decision notices use the new paragraph numbering, so applications and representations should mirror that structure. High-risk areas include previous breaches that engage the SUI 12.1 re-entry ban table, any inaccuracy linked to a Certificate of Sponsorship or salary that could be read as deception under SUI 9 or as false representation under SUI 10, criminality at any level under SUI 5, and NHS debt at or above £500 under SUI 16. Sponsors should maintain audit trails showing that pay, hours and duties match the SOC code and that payroll, HR and SMS data align.
Post-grant, permission can be cancelled where the worker does not start, ceases employment or the start date slips beyond twenty-eight days (SUI 33). Sponsorship issues can also cancel permission if the licence is lost or a business transfers without relicensing (SUI 34). Unauthorised employer changes can trigger cancellation (SUI 35), as can prolonged unpaid or reduced-pay absence beyond four weeks in a calendar year unless an exception applies (SUI 36), salary or job changes that break the route rules subject to listed exceptions (SUI 37), and endorsing or licence status problems where relevant (SUI 31, SUI 38).
2. Health and Care Worker
The same framework applies, with a sharper focus where safeguarding or fitness-to-practise concerns arise. Low-level criminal or regulatory findings can still lead to discretionary refusal under SUI 5.3. Employer non-compliance can undermine credibility. Sponsors should hold evidence of clinical registration, contracted hours and salary, and confirm that duties match the CoS. Post-grant risks include sponsor withdrawal (SUI 31.1), non-start or cessation (SUI 33), and licence transfer failures (SUI 34).
3. Family and Private Life
These routes now rely on Part Suitability rather than bespoke Appendix FM or Appendix Private Life provisions. Safeguarding around a child is prioritised, with refusal required where the parent or the parent’s partner poses a risk (SUI 6.1). Criminality thresholds and deception follow the common rules in SUI 5 and SUI 9. Earlier Appendix FM flexibility on older convictions no longer applies, so the twelve-month custodial threshold in SUI 5.1 is decisive. NHS debt and previous breach issues are frequent, so evidence and chronology should be precise.
4. Student
Students are assessed under the same suitability paragraphs. Deception around CAS or funds triggers mandatory refusal under SUI 9. False representations, including third-party errors, are considered under SUI 10 on a discretionary basis. Overstaying is assessed through the SUI 13.1 exceptions. Post-grant, permission can be cancelled where the student does not start, ceases study or the start date is delayed by more than twenty-eight days (SUI 32). Sponsor withdrawal can cancel permission (SUI 31.1) and a pre-sessional outcome below B2 across all components can do so in specified cases (SUI 31.2). Providers should treat conduct and discipline as immigration risks as well as compliance issues.
5. Visitor and Electronic Travel Authorisation (ETA)
Visitors sit fully within Part Suitability. Common grounds include non-conducive presence (SUI 3), criminality with extra mandatory rules for short stays (SUI 5.4), deception (SUI 9), purpose not covered by the Rules (SUI 18), and NHS debt at or above £500 (SUI 16). On arrival, permission is refused where required entry clearance is missing (SUI 20.1) or where a recognised passport or travel document is not produced (SUI 21.1), and may be refused for customs breaches (SUI 24). Part Suitability does not apply to Appendix ETA, but entry may still be refused on arrival if a traveller required an ETA and does not hold one (SUI 26.1).
6. Settlement after a work route
Applications for settlement are assessed against Part Suitability for grounds such as criminality, deception and previous breach. Custodial sentences of twelve months or more are a mandatory bar (SUI 5.1 and SUI 5.2). Lower-level offending is considered on discretion with supporting evidence. Statements made earlier in the route can be revisited at settlement where salary, role or activity records do not match. Where a person already holds settlement and is inside the UK, any cancellation proceeds under section 76 of the Nationality, Immigration and Asylum Act 2002 rather than under Part Suitability.
DavidsonMorris Strategic Insight
Tailor your approach to the route. Each visa category has its own nuances and risks, so take advice on how these apply to your case and the evidence your route expects.
Section E: Practical Implications
Part Suitability centralises how refusal and cancellation decisions are taken, covering a broad remit of conduct, accuracy and purpose alongside immigration history. The practical impact is that sponsors and applicants will need coherent records, and should align the application structure to the relevant sections of Part Suitability. Timely disclosure will also be expected when facts change.
1. Impact on Employers
Sponsors should treat suitability as a live compliance risk from recruitment through to exit. HR, payroll and SMS data needs to align so that the Certificate of Sponsorship, employment contract and payslips tell the same story. Job descriptions should match the SOC code and the duties carried out in practice. Where pay changes, hours fluctuate or start dates move, records should be updated promptly with documents that explain why. Sponsor processes should flag non-starts, cessations and delayed starts to avoid cancellation under the worker and student non-start provisions. Licence events, business transfers and restructures need early planning because permission can be cancelled if the new entity does not hold the right licence in time. Managers should understand that HR letters, emails and internal notes are treated as immigration evidence that can be read across to deception or false representation. Where issues are identified, sponsors should file accurate notifications with a short chronology and supporting documents rather than leaving discrepancies to be inferred.
2. Impact on Applicants
Applicants should audit travel history, immigration status and finances before filing. Departure evidence matters where previous breach is in play because the re-entry ban clock is driven by dates. Any NHS debt at or above £500 should be cleared or supported by formal repayment proof. Litigation costs owed to the Home Office should be paid or covered by a consented plan. Forms, bank statements and prior applications should be checked for consistency since false representation can be read from the overall file, not just the answers given.
If there are criminal convictions, provide sentencing papers and rehabilitation evidence and time applications to avoid short-stay mandatory bars where relevant.
Overstayer exceptions require a tight chronology and documentary proof of a good reason within the fourteen day window. After grant, keep purpose aligned to permission. Workers who stop, students who disengage or visitors who undertake prohibited activities risk cancellation where the facts move away from the route. Where circumstances change, notify quickly and explain the sequence so that any discretion is exercised on a full and accurate record.
3. Common Suitability Issues
Suitability refusals are usually due to small facts, timing and how evidence is presented. The following examples show typical scenarios:
a. Overstayer exception within fourteen days
An applicant missed expiry by four days and reapplied a week later with only a brief note. Refusal followed. A successful approach collates hospital records and a dated timeline to meet SUI 13.1.
b. Deception vs false representation after an agent error
A student’s agent edited a bank letter, leading to a deception finding. Original statements and an issuer letter proving unauthorised alteration can reframe the issue under SUI 10 rather than SUI 9.
c. NHS debt above £500 repaid before application
A Skilled Worker extension was refused for NHS debt despite payment. Trust receipts, finance confirmations and matching bank evidence tied to invoice numbers typically resolve SUI 16 concerns on reapplication.
d. Visitor purpose queried at the border
Carrying a draft contract and CV suggested work. A new visit file with a compliant itinerary, clear invitation letters and removal of risky documents addresses SUI 18 and supports entry on the next trip.
e. Conviction with a suspended sentence and a short stay
A recent suspended sentence triggered the short-stay bar. Waiting until twelve months had passed, then filing with probation references and purpose evidence, aligned the facts with SUI 5.4 and led to a grant.
f. Sponsored worker start date slips beyond twenty-eight days
A project delay pushed the start beyond twenty-eight days. Timely sponsor notifications, an updated CoS and payroll onboarding proof typically avert cancellation under SUI 33.
g. Family route safeguarding concern
Historic social services contact raised safeguarding flags. A closure letter, GP records and school reports demonstrating no ongoing risk addressed SUI 6.1 and supported approval.
h. Settlement where earlier salary evidence is inconsistent
At settlement, payslips and CoS allowances did not match. RTI submissions and finance letters explaining base pay and allowances across grants reconciled the record and neutralised suitability concerns.
i. Litigation costs unpaid after a judicial review
Unpaid Home Office costs led to refusal. A consent order, repayment plan and proof of instalments typically remove SUI 17 risk on a fresh application.
j. Previous breach and the re-entry ban clock
Departure at public expense more than six months after liability for removal set a five-year bar. Airline and removal records confirmed dates. Deferring until expiry of the SUI 12.1 period led to a grant.
k. Student below B2 after a pre-sessional course
Post pre-sessional English fell below B2. A new CAS with integrated language support, plus attendance and improvement evidence, can prevent cancellation under SUI 31.2 and SUI 32.
l. False identity record from years ago
A historic alias on file jeopardised a work application. Biometrics history, SAR disclosure and employer references linking identity across time showed consistent identity and resolved false representation concerns.
DavidsonMorris Strategic Insight
In practical terms, preparation influences the outcome. Evidence can save applications, where it’s strong and coherent, but this will inevitably take time and insight to plan and compile.
Section F: Summary
Part Suitability now acts as the core filter for all UK immigration decisions where conduct, character or compliance are in question. It combines the old Part 9 provisions with new cross-route consistency and updated grounds for refusal and cancellation. Most routes now link directly to this framework, meaning suitability is no longer a background check but a central test of credibility and behaviour. Small administrative errors, missed deadlines or unaddressed debts can now produce the same outcome as serious misconduct if not explained and evidenced properly.
For employers, the regime reinforces the need for joined-up HR, payroll and sponsorship systems that generate clean evidence if ever tested. For applicants, the emphasis has shifted to accuracy, consistency and complete disclosure at every stage of the immigration journey. The Home Office applies these paragraphs to the letter, and decisions often hinge on paragraph choice and the quality of supporting material. Taking informed legal advice before applying or responding to an allegation can transform the result — by identifying the correct rule, closing evidential gaps and presenting the facts in a way that aligns with how caseworkers assess suitability.
Section G: Need Assistance?
If you are concerned about a potential suitability issue, take legal advice. Whether the concern relates to overstaying, past deception, criminality, unpaid NHS charges or sponsor compliance, our team can assess the risk before you apply and build the right evidence strategy. We help employers protect their sponsor licence and prevent cancellation, and we support applicants in addressing suitability findings or overturning refusals. Contact us to arrange a fixed-fee telephone consultation for tailored guidance on your case so you can move forward with confidence under the new Part Suitability framework.
Section H: Part Suitability FAQs
What is Part Suitability in the UK Immigration Rules?
Part Suitability is the framework that sets out when a visa or immigration application should be refused or permission cancelled for reasons of character, conduct, or public interest. It replaced Part 9 on 11 November 2025 and now applies to most routes.
Does Part Suitability apply to all visa routes?
It does not apply to Appendix EU, Appendix EU (Family Permit), most of Part 11 on asylum, Appendix S2 Healthcare Visitor, Appendix Service Providers from Switzerland, Appendix Settlement Protection, or Appendix Electronic Travel Authorisation. Always check the route Appendix in force at the time of application.
What are the main refusal grounds under Part Suitability?
Refusals can arise for criminal convictions, deception or false representations, previous breaches of immigration laws, unpaid NHS debt or litigation costs, public good concerns, or safeguarding risks involving a child. Some paragraphs require refusal, others give the Home Office discretion.
What are mandatory and discretionary refusals?
Mandatory refusals leave the caseworker no discretion; the application must be refused if the facts apply. Discretionary refusals allow the decision-maker to consider the circumstances and evidence before deciding whether refusal is appropriate.
What happens if an applicant has overstayed?
Overstaying can lead to refusal, but SUI 13.1 allows exceptions. An applicant may not be treated as an overstayer if a new application was made within 14 days of expiry and there was a good reason beyond their control. Earlier COVID and exceptional assurance periods may still assist in limited cases.
How do re-entry bans work under Part Suitability?
Paragraph SUI 12.1 sets re-entry bans of 12 months, 2 years, 5 years, or 10 years depending on how and when the person left the UK and whether deception was used. The period runs from the date of departure or, for deception cases, from the refusal date.
Can visa permission be cancelled after approval?
Part Suitability allows cancellation where facts change after grant, such as a sponsored worker not starting or leaving employment, a student ceasing study, or a visitor using permission for a different purpose. Sponsors losing their licence can also trigger cancellation.
How does NHS debt affect a visa application?
Where a UK healthcare provider has notified the Home Office of unpaid NHS debt of at least £500, an application may be refused. Proof of full repayment or a repayment plan should be submitted before reapplying.
Can previous deception ever be overlooked?
In limited cases, the Home Office can grant permission despite previous deception if new evidence shows the finding was wrong or that there are exceptional reasons why refusal would be disproportionate. This requires detailed explanation and supporting documentation.
Why is legal advice important under Part Suitability?
The new framework is technical and cross-referenced across multiple Appendices. Small factual errors can activate mandatory refusal paragraphs. Legal advice helps identify the exact rule engaged, prepare coherent evidence, and challenge suitability findings through the correct procedure or appeal route.
Section I: Glossary
| Term | Definition |
|---|---|
| Part Suitability | The section of the Immigration Rules that sets refusal and cancellation outcomes for conduct, character and public interest issues. |
| Mandatory refusal | A rule that requires refusal or cancellation when the facts apply, with no discretion to grant. |
| Discretionary refusal | A rule that allows refusal or cancellation after the decision maker weighs the evidence and context. |
| Non-conducive to the public good | Ground to refuse or cancel where a person’s presence is undesirable due to conduct, character or associations. |
| Criminality thresholds | Rules that mandate refusal for 12 months or more custodial sentences and set discretionary outcomes for lower sentences. |
| Safeguarding ground | Family applications are refused where a parent or the parent’s partner poses a risk to a child. |
| Deception (SUI 9) | Using false information, false documents or withholding relevant facts in an application. Leads to mandatory refusal and can cancel section 3C permission. |
| False representations (SUI 10) | Misstatements or omissions by the applicant or a third party, whether or not known to the applicant. Considered on discretion. |
| Previous breach (SUI 11) | A past overstay, illegal entry, breach of conditions or deception that can lead to refusal or cancellation. |
| Re-entry ban (SUI 12.1) | The mandatory refusal period of 12 months, 2 years, 5 years or 10 years depending on how and when the person left and whether deception was used. |
| Overstayer exceptions (SUI 13.1) | Limited carve-outs that stop a period of overstay counting where strict 14 day and good reason tests or specified COVID periods apply. |
| Procedural non-compliance (SUI 14) | Failure without reasonable excuse to attend interview, give information, provide biometrics, or complete medical steps. |
| NHS debt (SUI 16) | Unpaid NHS charges of at least £500 notified to the Home Office. Can lead to refusal on discretion. |
| Unpaid litigation costs (SUI 17) | Home Office costs ordered by a court but not paid. Can lead to refusal on discretion. |
| Purpose not covered (SUI 18) | Refusal where the stated reason for coming or staying does not fit any route in the Rules. |
| Change of circumstances or purpose (SUI 25) | Post-grant cancellation where facts or intentions move away from those on which permission was given. |
| On-arrival refusals | Mandatory or discretionary border decisions for missing entry clearance, unacceptable documents, customs breaches or missing ETA where required. |
| Section 3C leave | Automatic extension of permission while an in-time application or appeal is pending. Can be cancelled where deception is found. |
| Section 76 NIAA 2002 | Power to revoke settlement in country. Used instead of Part Suitability once ILR is held inside the UK. |
| Sponsor withdrawal or endorsement loss (SUI 31) | Cancellation where a sponsor withdraws sponsorship or an endorsing body is no longer approved. |
| Non-start or cessation (SUI 32, SUI 33) | Cancellation where a student or worker does not start, stops, or the start date slips beyond 28 days. |
| Licence loss or transfer (SUI 34) | Cancellation where the sponsor loses the licence or a business transfers and the new entity fails to licence correctly. |
| Change of employer (SUI 35) | Cancellation where a worker changes employer without meeting the exceptions. |
| Unpaid or reduced pay absence (SUI 36) | Cancellation risk where absence exceeds four weeks in a calendar year unless a listed exception applies. |
| Salary or job change triggers (SUI 37) | Cancellation risk where the job or salary no longer meets the route rules unless a listed exception applies. |
| ETA | Electronic Travel Authorisation. Outside Part Suitability, but entry may be refused on arrival if required and not held. |
| Common Travel Area admissibility | Refusal where a traveller intends to enter another CTA territory and cannot show they are acceptable there. |
| Customs breach | A border finding that can lead to refusal or cancellation on arrival even without prosecution. |
Section J: Additional Resources & Links
| Resource | Description | Link |
|---|---|---|
| Immigration Rules: index | Full Rules including Part Suitability and route Appendices | https://www.gov.uk/guidance/immigration-rules |
| Statements of Changes collection | All Statements of Changes and explanatory memoranda | https://www.gov.uk/government/collections/immigration-rules-statement-of-changes |
| Sponsorship guidance: workers & temps | Official sponsor rules, duties and SMS requirements | https://www.gov.uk/government/collections/sponsorship-immigration-guidance |
| Student & Child Student sponsor guidance | Rules for education providers and sponsored students | https://www.gov.uk/government/collections/student-and-child-student-sponsor-guidance |
| Electronic Travel Authorisation (ETA) | Eligibility, exclusions, and travel requirements for ETA | https://www.gov.uk/guidance/electronic-travel-authorisation-eta |
| NHS overseas visitor charging | When NHS charges arise, debt liability and repayments | https://www.gov.uk/government/publications/nhs-overseas-visitor-charging-guidance |
| Right to work checks: employer guide | Acceptable documents and statutory excuse framework | https://www.gov.uk/government/publications/right-to-work-checks-employers-guide |
| Modern slavery guidance | Identification of victims and related immigration handling | https://www.gov.uk/government/collections/modern-slavery |
| EU Settlement Scheme: guidance | Rules and guidance for EUSS, outside Part Suitability | https://www.gov.uk/settled-status-eu-citizens-families |
| Immigration appeals | Tribunal process and routes to challenge Home Office decisions | https://www.gov.uk/immigration-asylum-tribunal |
