Suitability good character & general refusal grounds – spouse and partner visa
‘Suitability’ good character requirements as of 11th November 2025 are no longer listed in Appendix FM immigration rules. Spouses & unmarried partners and other family visa applicants from 11th November 2025 need to rely on Part Suitability in the UK Immigration Rules. Suitability rules now applicable to family visas are brought in line with majority of the other immigration categories and this means they are much more strict now.
The previous Part 9 general grounds of refusal rules are applicable to those applications that were submitted by 10th November 2025.
Good character suitability requirements must be treated with utmost attention to detail and be carefully considered when applying for spouse, partner or parent visas. Suitability includes matters such as previous criminal offences, breaches of immigration laws, unpaid debt to NHS UK public health services.
Part Suitability are applicable to Appendix FM spouse partner family visas 11 November 2025
SUI 2.1. An application for entry clearance or permission must be refused where:
(a) the Secretary of State has personally directed that the applicant be excluded from the UK; or
(b) the applicant is the subject of an exclusion order; or
(c) the applicant is the subject of a deportation order, or a decision to make a deportation order
Criminality grounds under new Part Suitability
Criminality grounds have changed significantly for Appendix FM applicants. The rules are now brought in line with other UK visas.
SUI 5.1. An application for entry clearance or permission must be refused where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of 12 months or more; or
(b) is a persistent offender who shows a particular disregard for the law; or
(c) has committed a criminal offence, or offences, which caused serious harm.
SUI 5.3. An application for entry clearance or permission may be refused where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months; or
(b) has been convicted of a criminal offence in the UK or overseas for which they have received a non-custodial sentence, or received an out-of-court disposal that is recorded on their criminal record.
Previous breach of immigration law grounds under new Part Suitability
Previous breach of immigration law grounds under new Part Suitability:
SUI 11.1. An application for entry clearance or permission to enter must be refused if:
(a) the applicant has previously breached immigration laws as defined in SUI 11.4; and
(b) the application was made within the relevant time period in SUI 12.1.
SUI 11.2. An application for entry clearance or permission to enter may be refused where:
(a) the applicant has previously breached immigration laws as defined in SUI 11.4; and
(b) the application was made outside the relevant time period in SUI 12.1; and
(c) the applicant has acted to frustrate immigration controls (see SUI 11.7.).
SUI 11.3. An application for permission may be refused where the applicant is, or has been, in breach of immigration laws as defined in SUI 11.4.
SUI 11.4. An applicant will be treated as having breached immigration laws if, aged 18 or over, they:
(a) overstayed their permission, unless an exception in SUI 11.5. or SUI 11.6. applied to that period of overstaying; or
(b) breached a condition attached to their permission, unless entry clearance or further permission has subsequently been granted in the knowledge of the breach; or
(c) were (or still are) an illegal entrant; or
(d) used deception in relation to a previous application (whether or not successfully).
SUI 11.7. An applicant will be treated as having acted to frustrate immigration controls, if aged 18 or over, they (for example):
(a) failed to cooperate with the redocumentation, arrest or removal process; or
(b) used a false identity; or
(c) failed to report as required or absconded from immigration custody or bail; or
(d) obtained state or public authority benefits, tax credits, employment, rented accommodation in the private sector or goods or services they were not entitled to; or
(e) used multiple identities; or
(f) participated in immigration related crime.
Deception grounds and False representations, etc grounds under new Part Suitability
Deception grounds are as follows:
SUI 9.1. An application for entry clearance or permission must be refused where the decision maker is satisfied that the applicant used deception by:
(a) making false representations or providing false documents or false information in relation to the application (whether or not relevant to the application); or
(b) not disclosing relevant facts in relation to the application.
False representations grounds are as follows:
SUI 10.1. An application for entry clearance or permission may be refused where the applicant or a third party, in relation to the application, or to obtain documents from the Secretary of State or a third party:
(a) made false representations or provided false documents or false information in relation to the application (whether or not relevant to the application, and whether or not to the applicant’s knowledge); or
(b) did not disclose relevant facts in relation to the application.
SUI 10.2. Entry clearance or permission held by a person may be cancelled where, the applicant or a third party, in relation to the application, or to obtain documents from the Secretary of State or a third party:
(a) made false representations or provided false documents or false information in relation to an application (whether or not relevant to the application, and whether or not to the applicant’s knowledge); or
(b) did not disclose relevant facts in relation to an application.
General grounds of refusal – paragraphs applicable to Appendix FM until 10 November 2025
Our article on Part 9 general grounds of refusal is available to read on our website. Majority of the Part 9 (general grounds of refusal) does not apply to Appendix FM. The exceptions are paragraphs 9.2.2, 9.3.2, 9.4.5, 9.9.2, 9.15.1, 9.15.2, 9.15.3, 9.13B.2, 9.19.2, 9.20.1, 9.23.1 and 9.24.1. that do apply to Appendix FM applications.
In addition paragraph 9.7.3 of Part 9 general grounds of refusal) applies to permission to stay (i.e. leave to remain applications).
9.7.3. Entry clearance or permission held by a person may be cancelled where, in relation to an application, or in order to obtain documents from the Secretary of State or a third party provided in support of the application:
(a) false representations were made, or false documents or false information submitted (whether or not relevant to the application, and whether or not to the applicant’s knowledge); or
(b) relevant facts were not disclosed.
Paragraph 9.8.2 (a) and (c) of Part 9 general grounds of refusal applies where the application is for entry clearance (i.e. applications submitted from outside the UK).
9.8.2. An application for entry clearance or permission to enter may be refused where:
(a) the applicant has previously breached immigration laws; and
(…)
(c) the applicant has previously contrived in a significant way to frustrate the intention of the rules, or there are other aggravating circumstances (in addition to the immigration breach), such as a failure to cooperate with the redocumentation process, such as using a false identity, or a failure to comply with enforcement processes, such as failing to report, or absconding.
Mandatory refusals on suitability grounds – Appendix FM until 10 November 2025
The applicant will be refused entry clearance on grounds of suitability if any of paragraphs S-EC.1.2. to 1.9. Appendix FM apply.
- The Secretary of State has personally directed that the exclusion of the applicant from the UK is conducive to the public good.
- The applicant is currently the subject of a deportation order.
- The exclusion of the applicant from the UK is conducive to the public good because they have:
(a) been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or
(b) been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or
(c) been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence.
4. The exclusion of the applicant from the UK is conducive to the public good because, for example, the applicant’s conduct (including convictions which do not fall within paragraph above, character, associations, or other reasons, make it undesirable to grant them entry clearance.
5. The exclusion of the applicant from the UK is conducive to the public good because, for example, the applicant’s conduct (including convictions which do not fall within paragraph above, character, associations, or other reasons, make it undesirable to grant them entry clearance.
6. The applicant has failed without reasonable excuse to comply with a requirement to-
(a) attend an interview;
(b) provide information;
(c) provide physical data; or
(d) undergo a medical examination or provide a medical report.
7. It is undesirable to grant entry clearance to the applicant for medical reasons.
8. The applicant left or was removed from the UK as a condition of a caution issued in accordance with section 22 of the Criminal Justice Act 2003 less than 5 years prior to the date on which the application is decided.
9. The Secretary of State considers that the applicant’s parent or parent’s partner poses a risk to the applicant. That person may be considered to pose a risk to the applicant if, for example, they – –
(a) have a conviction as an adult, whether in the UK or overseas, for an offence against a child;
(b) are a registered sex offender and have failed to comply with any notification requirements; or
(c) are required to comply with a sexual risk order made under the Anti-Social Behaviour, Crime and Policing Act 2014 and have failed to do so.
Discretionary refusals on suitability grounds – Appendix FM until 10 November 2025
The applicant will normally be refused on grounds of suitability if any of paragraphs S-EC.2.2. to 2.5. Appendix FM apply.
1. Whether or not to the applicant’s knowledge-
(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
(b) there has been a failure to disclose material facts in relation to the application.
2. A maintenance and accommodation undertaking has been requested or required under paragraph 35 of these Rules or otherwise and has not been provided.
3. The exclusion of the applicant from the UK is conducive to the public good because:
(a) within the 12 months prior to the date on which the application is decided, the person has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record; or
(b) in the view of the Secretary of State:
(i) the person’s offending has caused serious harm; or
(ii) the person is a persistent offender who shows a particular disregard for the law.
4. The applicant may be refused on grounds of suitability if the applicant has failed to pay litigation costs awarded to the Home Office.
5. The applicant may be refused on grounds of suitability if one or more relevant NHS bodies has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £500.