EEA FP application - sponsor PR, unemployed

[Amaretka]

Hi everyone, please advice me, I searched the forum and also I contacted few solicitors everyone is giving me different advice.

I am EU citizen, I got my PR status September 2017. I lost my job August 2017, I am in between jobs now, most likely I will start working after Christmas.

1. Can my husband apply for FP now, based on my PR status? This was my understanding yet online application makes you answer sponsor employment details. I presume unemployed will reflect negatievly on the application?

2. I was thinking worst case scenario he will apply in January when I sign work contract. Can he do this or should we wait until I get payslips ? - would one monthly payslip be enough or would I need 3?

I am so confused, I spoke with 4 or 5 different solicitors and everyone says something different. PR is already a confirmation I exercise treaty rights in the UK, do I really need to wait another 3 months with applying? Processing times for FP are so long now, many people is waiting 6 months and more, I want to apply ASAP.

Thank you in advance for your help

[Amaretka]

I am EU national, I have Permanent Residence in the uk. I am currently unemployed for 4 months (I stayed with my husband after we married). I back in the UK now, hopefully starting full time job in Jan.

So, here is the gudance for cleairng officers when granting FP: https://www.gov.uk/…/direct_family_memb ... _nationals…

it states clearly stages to check when approving FP:
1. evidence of identity
2.proof of relationship
3. status of EU sponsor: " The applicant must provide proof the EEA national is either:
 living in the UK and exercising a free movement right
 has a permanent right of residence in the UK [...]

You must refuse the application if:
 evidence has not been provided to show the EEA national’s status as a
qualified person OR A PERSON WITH PERMANENT RESIDENCE

Then I found another documents giving them temeltes when refusing FP application, they will say "you have failed to provide evidence that your sponsor is a qualified
person in accordance with Regulation 6 of the Immigration ". The regulation 6: http://www.legislation.gov.uk/uksi/2016/1052/made

This regulation does not make any sense to me. I am very confused. I have been unemployed for 4 months, do I loose my status of qualified person then according to regulation 6? Instruction for granting FP clearly states it cant be refused if sponsor is qualified person or has PR.

I spoke with around 5 solicitors and everyone has different answer to this.

My question is, can my husband apply as soon as I sign work contract, should I wait for my first payslip, or wait for another 6 payslips?

Please help me as I am clueless, and thank you in advance !