The guidance now allows for people who have EU pre-settled status to leave the UK and remain outside of it for up to twelve months for “a coronavirus related reason” without breaking their period of continuous residence. This includes if they remain abroad by choice rather than being prevented from returning due to legal restrictions. Previously, the guidance only catered for situations where a person was forced to remain outside the UK because of travel restrictions, quarantine or a COVID-19 related health complication.
The stricter rules do make an appearance in the new guidance, but only if the absence is for longer than 12 months. People who find themselves in this position will need to provide evidence they were “prevented from, or advised against, returning to the UK” because of coronavirus. If the absence was for less than 12 months, then no evidence is needed except a letter saying “I chose to move back to [country] for a period because there were more relaxed lockdown restrictions there
