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HRT Exemption for returning resident with Indefinite Leave to Remain

MartinB
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Welfare Benefits Adviser, Client Services, Crisis (Edinburgh)

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Joined: 2 December 2020

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

[ Edited: 26 Jan 2024 at 04:00 pm by MartinB ]
Elliot Kent
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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.

MartinB
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Welfare Benefits Adviser, Client Services, Crisis (Edinburgh)

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Total Posts: 61

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Thank you, Elliot

This is very much appreciated.

Martin