In brief
- Part Suitability replaced Part 9 of the Immigration Rules on 11 November 2025 and now covers most routes, including family and private life.
- Ban length mainly depends on how you left the UK: 12 months, 2 years, 5 years or 10 years, with deportation orders staying in force until revoked.
- Short overstays (30 days or less, or 90 days or less if they began before 6 April 2017) can be disregarded if you left voluntarily at your own expense.
- Late applications within 14 days of permission expiring may be excused for a good reason outside your control, if explained and evidenced.
- Failing to disclose past breaches or refusals can lead to refusal, and deception can mean a 10-year ban from the refusal date.
- Check the current rules, including HC 584 laid on 3 September 2026, or take advice before applying.
Many people ask about "Part 9" of the Immigration Rules when they have overstayed in the UK. Part 9 has been replaced. Since 11 November 2025 the rules on past immigration breaches sit in Part Suitability. This guide uses the new name and explains how the system works. It is general information, not advice on any one case.
What counts as a previous breach
Under Part Suitability, an adult is treated as having breached immigration laws if they:
- overstayed, unless an exception applies;
- broke a condition of their permission, such as a work restriction;
- entered the UK illegally; or
- used deception in an earlier application, whether or not it succeeded.
The new rules are wider than Part 9 and now cover most routes, including family and private life applications such as the Spouse visa. Earlier softer rules for those routes no longer apply. Some commentary says applications decided after 11 November 2025 may be judged under the new rules even if they were submitted earlier. This should be checked against the transitional provisions in the Statement of Changes (HC 1333) before you rely on it.
Mandatory ban or discretionary refusal?
A mandatory refusal means the Home Office must refuse. It applies where there is a previous breach and the new application is made within the ban period.
A discretionary refusal means the Home Office may refuse, but has a choice. It can apply even after a ban period ends, if the person's conduct frustrated immigration control. Examples include not co-operating with documents for removal, using a false identity or not complying with reporting requirements.
How long a ban lasts
The length depends mainly on how you left the UK. The length of the overstay decides whether a ban applies at all. Short overstays can be disregarded (see below).
| How the person left | Usual ban period |
|---|---|
| Voluntarily, at their own expense, after a qualifying overstay | 12 months |
| Voluntarily at public expense, within 6 months of notice of liability for removal or of having no pending appeal or administrative review, whichever is later | 2 years |
| Leaving or being removed as a condition of a caution under section 22 of the Criminal Justice Act 2003. Some commentary also places voluntary departure at public expense after the 6-month window here. | Generally 5 years |
| Removed at public expense | 10 years |
| Deported | A deportation order stays in force until it is revoked |
| Deception in an application | 10 years from the date of the refusal decision |
The periods generally run from the date you leave the UK. Deception is the exception: the clock starts on the refusal date. The detail of each category matters, so check the exact wording of the current rules, particularly for the 5-year category. A Home Office record of "removal" instead of voluntary departure can change a 12-month ban into a 10-year one.
When overstaying is disregarded
- Short overstay, voluntary departure. The overstay is disregarded if you left voluntarily, not at public expense, and overstayed for 30 days or less. Where the overstay began before 6 April 2017, the limit is 90 days.
- Late application with a good reason. A short overstay may be disregarded if you applied within 14 days of your permission ending and there was a good reason outside your control (or your representative's). You must explain this in the application and support it with evidence.
Examples of good reasons include an emergency hospital admission, a close family bereavement or a university's delay in issuing a Confirmation of Acceptance for Studies. Simply forgetting is not enough. Do not assume that an application made after the 14 days will be excused. Take advice if you are in that position.
Being honest about your history
Answer every immigration history question fully and consistently. Include previous refusals, overstays and removals, even if you think they are old or minor.
Deception has two levels:
- A mandatory refusal needs the Home Office to show, on the balance of probabilities, that you deliberately deceived it.
- A discretionary refusal can follow false information or non-disclosure, even if you did not know it was wrong. Home Office guidance says this does not automatically lead to a re-entry ban.
Innocent mistakes can still be treated as deception, and a deception finding can affect later applications, including British citizenship. If you receive a refusal you think is wrong, take advice on appeals and reviews promptly.
Evidence that helps
- Passport stamps and a full travel history.
- Tickets or boarding passes proving when you left.
- Home Office letters, including any notice of liability for removal.
- Medical letters and hospital records covering the relevant dates.
- Death certificates or other proof of a family emergency.
- Letters from a university or sponsor showing a delay.
Caseworkers look at whether the reason was outside your control and whether the evidence is credible. Send it with the application, not afterwards.
When to apply again, and when to take advice first
A new application is sensible when the ban period has clearly ended, your history is documented and you can answer every question accurately. Take legal advice first if:
- you were removed or deported, or are unsure how your departure was recorded;
- you think the Home Office alleges deception;
- you were refused before and did not disclose it;
- your family life in the UK may raise human rights issues; or
- you are planning a visit visa application, where earlier history is often checked closely.
Common mistakes
- Leaving out a past overstay or refusal.
- Assuming an old breach no longer matters.
- Applying inside a ban period.
- Giving an explanation for an overstay without evidence.
- Relying on the old "Part 9" rules or out-of-date advice online.
Short checklist
- Confirm the exact dates your permission ended and you left.
- Establish how you left: own expense, public expense, removal or deportation.
- Work out whether a ban period applies and when it ends.
- Gather proof of departure and of any good reason.
- Answer all history questions fully and consistently.
- Check the current rules before you apply.
Check the current rules
The rules changed on 11 November 2025. A further Statement of Changes (HC 584) was laid on 3 September 2026. Commentary says it extends the ground for conduct that frustrates immigration control to leave to remain applications. The same commentary points to transitional arrangements around 8 October 2026, under which applications made before that date may be decided under the earlier rules. We have not confirmed the start date or the transitional wording from the Statement itself, so you should not rely on this summary for the detail. Read the Statement and current guidance on GOV.UK, or take advice, before you apply.
How Garth Coates Solicitors can help
We advise individuals, families and employers on past immigration breaches, re-entry bans and fresh applications. To discuss your situation, please request a consultation with our London team.
This article is general information and was correct on 4 November 2026. It is not legal advice on your circumstances; immigration rules and fees change often. For advice on your case, request a consultation.
