New Home Office Changes 2025: Understanding Part Suitability and Previous Breaches of UK Immigration Law
On 11 November 2025, the Home Office introduced major changes to the Immigration Rules by replacing Part 9 entirely with the new Part Suitability. These changes centralise refusal and cancellation powers, revise how overstaying is treated, and affect many immigration categories. All suitability grounds — including refusal, cancellation, deception, and overstaying exceptions — have now been consolidated into one unified framework.
Here is what has changed in practical terms:
Appendix EU remains excluded
Part Suitability does not apply to EU Settlement Scheme applications.
The new overstaying exceptions also do not apply to Appendix EU or Appendix EU Family Permit applications.
What Counts as a Breach of UK Immigration Laws?
Under Part Suitability, an individual is considered to have breached immigration laws if, aged 18 or over, they have:
- Overstayed, unless a specific exception applies.
- Breached conditions of their permission.
- Been an illegal entrant or attempted illegal entry.
- Used deception in a previous application (even if successful).
Exceptions apply in limited circumstances — for example, certain short overstays prior to April 2017 or where a Home Office decision was later overturned.
Re-Entry Bans: How Long Are Applicants Barred?
Part Suitability sets re-entry bans of 12 months, 2 years, 5 years, or 10 years, depending on whether the person:
- left voluntarily or at public expense,
- failed to depart within six months of becoming appeal rights exhausted,
- was removed, deported, or used deception.
Applications Made During the Ban Period
If an applicant submits an application before their ban expires, refusal is mandatory, unless a listed exception applies (such as confirmed victims of trafficking).
Applications Made After the Ban Has Expired
Even after the relevant period ends, applications may still be refused if the Home Office believes the applicant:
- significantly attempted to frustrate the Immigration Rules, or
- has aggravating factors, such as absconding, working illegally, failing to report, or using multiple identities.
Deception and the 10-Year Rule
Where deception was used in a previous application, a 10-year ban normally applies. Even after this period, the Home Office may still refuse on suitability grounds.
Applicants may, however, challenge the original deception finding by providing evidence.
Cancellation of Existing Leave
Permission to enter or stay can be cancelled if the applicant is shown to have breached their previous conditions—for example, by working when not allowed or failing to report.
Before cancellation, applicants must be given an opportunity to respond.
Who Is Exempt from Refusal Under Part Suitability?
Refusal or cancellation should not normally be applied where:
- the person has been officially recognised as a victim of trafficking, or
- they left the UK voluntarily between 17 March and 1 October 2008 after being in the UK unlawfully.
What These Changes Mean for Applicants
The shift from Part 9 to Part Suitability is one of the most significant structural updates to the Immigration Rules in recent years. For applicants, the changes mean:
- Overstayer exceptions now applied more consistently.
- Greater scrutiny of past breaches.
- Increased importance of providing mitigation evidence.
- No changes for Appendix EU applicants.
For families, individuals, employers, and sponsors, seeking legal advice is now more important than ever to avoid refusals under the expanded suitability rules.
Need Immigration Advice? Contact Sterling Law Today
Navigating the new Part Suitability rules, overstayer exceptions, and re-entry bans can be complex— and even a minor mistake can lead to refusal. Our experienced immigration lawyers are here to help you assess your circumstances, challenge past breach findings, and prepare a strong application.
Speak to a specialist today
Whether you are applying for a family visa, work visa, visit visa, or seeking advice after a previous breach or refusal, our team provides clear, strategic guidance and robust representation.
Contact us now for expert legal assistance and a confidential consultation.
