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PIP - past . present test previous refugee

mand74
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Royal Air Force Benevolent Fund

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Joined: 2 November 2011

Hi

Just wondered if anyone knows but have a client who was a previous refugee but now is a UK National.  He has now been abroad (Afghanistan/Pakistan) for 5 months and just wanted to confirm my understanding of the past/present exemption rules.  As he is now a UK National his previous refugee status would not give him exemption to the past/presence test?  And that he will need to re-apply when he returns to the UK and has been back in the UK for 104 weeks?

Thanks

Elliot Kent
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(1) A person in this situation no longer qualifies as a refugee and so isn’t exempt from the PPT - see Article 1 (C) (3) of the Refugee Convention. https://www.unhcr.org/3b66c2aa10

(2) However your client will pass the PPT. This is because he only needs to have been in the UK for 104 of the past 156 weeks. As he was out of the UK for approximately only 20 weeks, he still has 136 of the past 156 weeks and so meets the test.

mand74
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Royal Air Force Benevolent Fund

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Total Posts: 33

Joined: 2 November 2011

Thank you so much for the quick reply.  That is really helpful.