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HRT Exemption for returning resident with Indefinite Leave to Remain
Hi
If a claimant is exempt from HRT for UC because they are a refugee and they leave GB for 5 months - when they return and claim UC are they still exempt from HRT, despite their absence, or would they be treated in the same was as a returning British Citizen?
Thanks
Martin
The exemption applies to refugees as defined by the Refugee Convention. There is no further limitation. It should cover someone in the situation you describe.
Note however that a person ceases to qualify for refugee protection once they are granted an alternative citizenship and therefore if your client had been granted British citizenship, they would not be exempt from the test.
Thank you, Elliot
This is very much appreciated.
Martin