A Spouse Visa application can meet every financial, English language, relationship and accommodation requirement and still be refused. Suitability is a separate requirement, and it questions whether the applicant’s history and conduct make them a person who should be granted permission at all. The rules that decide this changed on 11 November 2025, and the grounds are now stricter for anyone with a criminal conviction. This post provides an overview of the suitability grounds for refusal for a UK Spouse Visa.
What is Part Suitability?
Part Suitability is the part of the Immigration Rules that asks who the applicant is, rather than whether they qualify for the route. It sets out the reasons an application can be refused on that basis. It applies across the Rules rather than to one category, so the same grounds are read into the UK Spouse Visa and most other routes.
The grounds divide into two classes:
- Mandatory grounds. The decision maker must refuse. There is no discretion, whatever the merits of the rest of the application.
- Discretionary grounds. The decision maker may refuse. The circumstances are weighed before a decision is made.
What changed on 11 November 2025?
Appendix FM used to carry its own suitability grounds, written for the family routes. Those were deleted and replaced with a cross-reference to the general framework. The change was made by the statement of changes HC 1333. It was laid on 14 October 2025 and came into force on 11 November 2025. In summary:
- Part Suitability replaced Part 9. The former Part 9 grounds for refusal were replaced by Part Suitability as the central reference point for all suitability refusal and cancellation grounds.
- The bespoke family suitability rules were deleted. Everything from S-EC.1.2 to S-EC.3.2, and from S-LTR.1.2 to S-LTR.4.5, is now marked DELETED in Appendix FM.
- Four appendices were brought into the common framework: Appendix FM, Appendix Private Life, Appendix Adult Dependant Relative and Appendix Settlement Family Life.
- Criminality became stricter. A custodial or suspended sentence of 12 months or more is now a mandatory refusal with no time limit, covered below.
Material written against the old numbering, whether the deleted Appendix FM paragraphs or the old Part 9, no longer states the operative rule.
Does the change affect people already on a family route?
Yes, and this is the point most often missed. The position splits by the date the application was made:
- Applications made before 11 November 2025 are decided under the Immigration Rules in force before that date.
- Applications made on or after 11 November 2025 are decided under Part Suitability, and there is no protection for a person already on a family route.
A person granted a Spouse Visa under the old grounds therefore meets the new grounds at their next application. An extension or a settlement application made now is assessed against Part Suitability, not against the rules that applied when the first grant was made. A conviction that was acceptable at the initial application can be a mandatory refusal at the Spouse Visa extension stage.
How does Part Suitability apply to a Spouse Visa?
Appendix FM reaches the general framework by cross-reference rather than setting out its own list. The chain runs through three provisions:
- EC-P.1.1(c) of Appendix FM requires that an applicant for entry clearance as a partner must not fall for refusal under Section S-EC: Suitability–entry clearance.
- S-EC.1.1 then states, in its only surviving paragraph, that the applicant must not fall for refusal under Part Suitability.
- S-LTR.1.1 states the same requirement for an application made from inside the UK.
The practical effect is that the suitability test for a Spouse Visa is the general test in Part Suitability, reached in two steps.
Which grounds are mandatory?
A mandatory ground removes the decision maker’s discretion, so an application that engages one must be refused whatever its other merits. The mandatory grounds cover:
- Exclusion and deportation (SUI 2.1). Where the Secretary of State has personally directed that the applicant be excluded from the UK, or the applicant is the subject of an exclusion order, or is the subject of a deportation order, or a decision to make a deportation order.
- Non-conducive grounds (SUI 3.1). Where the applicant’s presence in the UK is not conducive to the public good because of their conduct, character, associations or other reasons, including convictions which do not fall within the criminality grounds.
- Earlier exclusion from protection (SUI 4.1). Where the applicant was previously excluded from asylum or humanitarian protection.
- Serious criminality (SUI 5.1). Set out below.
- Deception (SUI 9.1). Set out below.
- Previous breach within a re-entry ban (SUI 11.1). Set out below.
Neither SUI 2.1 nor SUI 3.1 depends on a conviction.
Which grounds are discretionary?
A discretionary ground permits refusal but does not compel it, so the outcome turns on how the circumstances are presented and evidenced. The discretionary grounds relevant to a family application cover:
- Lesser criminality (SUI 5.3). A custodial or suspended sentence of less than 12 months, or a non-custodial sentence or out-of-court disposal recorded on a criminal record.
- Sham marriage or civil partnership (SUI 8.1).
- False representations by a third party (SUI 10.1).
- Previous breach outside the re-entry ban period (SUI 11.2).
- Any previous breach of immigration laws (SUI 11.3). A standalone ground with no time period attached.
- Unpaid NHS charges (SUI 16.1).
- Unpaid litigation costs (SUI 17.1).
Because the facts are weighed, this is the class of ground where a full and candid account carries the most value.
Criminality: the 12-month rule and why time no longer helps
Criminality is assessed by the sentence imposed, not by the label of the offence. The length of any custodial term is the first thing to establish. Under SUI 5.1, an application must be refused where the applicant:
- has been convicted of a criminal offence in the UK or overseas for which they have received a custodial or suspended sentence of 12 months or more; or
- is a persistent offender who shows a particular disregard for the law; or
- has committed a criminal offence, or offences, which caused serious harm.
Two features of that wording decide most cases. The first is that the ground reaches convictions in the UK or overseas, so a sentence imposed in any country counts. The second is that SUI 5.1 contains no time qualifier. Under the previous rules a sentence of between 12 months and 24 months ceased to require refusal once 10 years had passed. That relief is gone. A qualifying sentence now attracts a mandatory refusal however long ago it was served.
A time limit does survive for visit applications at SUI 5.4, but it does not apply to a Spouse Visa. Where the sentence was under 12 months, the ground at SUI 5.3 is discretionary rather than mandatory, and the circumstances are weighed. A conviction is disclosed whether or not it is spent under the law of the country that imposed it.
Deception and false representations
Deception means telling the Home Office something untrue, or holding back something relevant, in order to obtain a grant. It is the most serious ground in ordinary family applications. It is mandatory, and a finding attaches to the applicant’s immigration history. Under SUI 9.1, an application must be refused where the decision maker is satisfied that the applicant used deception by:
- making false representations, or providing false documents or false information in relation to the application, whether or not relevant to the application; or
- not disclosing relevant facts in relation to the application.
A separate and discretionary ground sits alongside it. Under SUI 10.1, an application may be refused where false representations were made or relevant facts were not disclosed, including where a third party acted without the applicant’s knowledge. An agent who improves an employment history can therefore engage the ground, even where the applicant did not intend to mislead. So can a family member who supplies a document the applicant never examined. Every document submitted should be one the applicant has seen and can account for.
Sham marriage and sham civil partnership
A sham marriage is one entered into for immigration advantage rather than as a genuine relationship. The ground is distinct from the relationship requirement itself. Under SUI 8.1, an application may be refused where the decision maker is satisfied that it is more likely than not that the applicant is, or has been, involved in a sham marriage or sham civil partnership. The standard is the balance of probabilities, which is a lower threshold than the criminal standard.
This ground and the genuine and subsisting relationship requirement are assessed separately, and evidence that satisfies one supports the other. A couple whose relationship history is documented from its beginning, rather than from the date the application was contemplated, addresses both. Contemporaneous UK Spouse Visa proof of relationship documents answer both. Where a sham is suspected, the couple may be put through a UK Spouse Visa interview.
Previous breaches of immigration laws and re-entry bans
A previous breach of immigration laws can bar a further application for a fixed period. Under SUI 11.1, an application for entry clearance or permission to enter must be refused if:
- the applicant has previously breached immigration laws, as defined in SUI 11.4; and
- the application was made within the relevant time period in SUI 12.1.
The table at SUI 12.1 sets the re-entry ban periods, which run from 12 months to 10 years. The length turns on how the applicant left the UK. Relevant factors include whether the departure was voluntary, whether it was at public expense, and whether deception was used. Overstaying, illegal entry, working in breach of conditions and deception in an earlier application are all capable of engaging the ground. An applicant whose earlier leave was extended by a pending decision should check the position on Section 3C leave before assuming a gap arose.
Outside that period the ground becomes discretionary. Under SUI 11.2, an application may be refused where the applicant has previously breached immigration laws, the application was made outside the relevant time period, and the applicant has acted to frustrate immigration controls. All three limbs must be met.
SUI 11.1 and SUI 11.2 reach an application for entry clearance or permission to enter, which means the re-entry ban framework applies to an application made from outside the UK. A separate ground reaches an application made from inside the UK. Under SUI 11.3, an application for entry clearance or permission may be refused where the applicant is, or has been, in breach of immigration laws as defined in SUI 11.4. No time period is attached to it, and there is no requirement to show the applicant frustrated immigration controls. An in-country application to extend a Spouse Visa is therefore assessed against SUI 11.3, not against the re-entry ban table.
Not every period of overstaying counts. Under SUI 11.5, a period of overstaying is disregarded where the person left the UK voluntarily and not at the expense of the Secretary of State, and the overstaying was:
- 30 days or less, where it began on or after 6 April 2017; or
- 90 days or less, where it began before 6 April 2017.
Where there is any earlier breach, the date the re-entry ban period expires is the first thing to establish on an application from abroad. It determines whether the application faces a mandatory bar or a weighing exercise.
Unpaid NHS charges and litigation costs
Unpaid hospital charges from an earlier stay in the UK can be reported to the Home Office and used to refuse a later application. Under SUI 16.1, an application may be refused where a relevant NHS body has notified the Secretary of State that the applicant has failed to pay charges under the NHS regulations on charges to overseas visitors, and the outstanding charges have a total value of at least £500. The ground is discretionary, and settling the debt before the application is made removes it. Charges are commonly incurred without the patient realising. An applicant who has received hospital treatment in the UK as a visitor should confirm the position with the relevant trust before applying.
Costs awarded to the Home Office in earlier proceedings and left unpaid are a separate ground. Under SUI 17.1, an application may be refused where a person has failed to pay litigation costs awarded to the Home Office. The ground is discretionary, and it is engaged by the non-payment rather than by the outcome of the earlier proceedings.
What happens if a Spouse Visa is refused on suitability grounds?
A refusal on suitability grounds ends that application, and the application fee is not refunded. What follows depends on the class of ground:
- Discretionary ground. A fresh application is the route forward once the underlying matter is resolved. An NHS debt is settled, or the circumstances are evidenced more fully than the first time.
- Mandatory ground. A fresh application meets the same bar until the position that engaged it changes. For a re-entry ban, that means waiting until the relevant period in SUI 12.1 expires. For a qualifying sentence under SUI 5.1, there is no period after which the ground falls away.
The refusal notice identifies the paragraph relied on, and that paragraph determines what a further application must address. Suitability sits alongside the other UK Spouse Visa refusal reasons.
Frequently asked questions
Do I have to declare a spent conviction on a Spouse Visa application?
Yes. Convictions are declared whether or not they are spent, and whichever country imposed them. Non-disclosure is capable of engaging the deception ground at SUI 9.1, which is mandatory, and that is a more serious position than the declared conviction would have created.
Does an old conviction still count after 10 years?
For a sentence of 12 months or more, yes. SUI 5.1 contains no time qualifier, so the ground applies however long ago the sentence was served. The previous rules allowed a sentence of 12 to 24 months to cease to require refusal after 10 years. That relief was removed on 11 November 2025.
Can an NHS debt stop a Spouse Visa?
It can, where the debt is at least £500 and has been reported to the Home Office by the NHS body. The ground at SUI 16.1 is discretionary rather than mandatory, and paying the outstanding charges before the application is submitted removes the basis for refusal.
I already have a Spouse Visa. Do the new rules affect my extension?
Yes. An application made on or after 11 November 2025 is assessed under Part Suitability, whatever rules applied at the first grant. There is no protection for a person already on a family route. A conviction that was acceptable at the initial application can be a mandatory refusal at the extension.
Is Part Suitability the same as Part 9?
No. Part Suitability replaced Part 9 as the general suitability framework on 11 November 2025. Appendix FM lost its own suitability paragraphs at the same time. Material written against Part 9, or against the deleted Appendix FM paragraphs, does not state the current rule.
Can a sham marriage finding be made without a criminal charge?
Yes. The ground at SUI 8.1 applies where the decision maker is satisfied that it is more likely than not that the applicant is or has been involved in a sham marriage. That is the balance of probabilities, and no charge or conviction is required.
How Whytecroft Ford can help
Suitability is the requirement applicants most often discover late. An old conviction, an overstay or a hospital bill is assumed to be closed. Our immigration team reviews the history before the application is made. We establish which paragraph of Part Suitability is engaged, and whether it is mandatory or discretionary. We then prepare the account and the evidence the decision maker will expect. Where a ground can be removed before applying, that is the cheapest point at which to deal with it.
To discuss a Spouse Visa application where suitability may be in issue, contact the Whytecroft Ford team.
Sources. Immigration Rules: Part Suitability · Immigration Rules Appendix FM: family members · Statement of changes to the Immigration Rules: HC 1333
The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. UK Immigration Rules are subject to change. Please do contact the Whytecroft Ford team if you require further advice.
