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Am I correct to conclude that following decision of the McCarthy case, an EEA permit is no longer necessary if the EEA national and his/her non-EU spouse were travelling together to the UK (tourism/short trip) ?

Furthermore, if the non-EEA spouse was to travel alone (without being accompanied by the the EEA national spouse) to the UK - would he/she need a visa ? (again for a short trip/business meeting/client conferences etc...max 2 days stay in the UK).

Many thanks in advance

juat came across this link

FYI

https://www.gov.uk/government/publicati ... dence-card

anyone ?

Many thanks in advance.

Not Quite. The Non-EU spouse (or family member) will need a (Article 10) Residence Card of a family member of a Union citizen. This is issued under EU Directive 2004/38EC for freedom of movement.

The card would be issued in any EU country which is not the origin country of the Union citizen and means the couple would have lived there for some time previously.

Before the McCarthy ruling even those with such residence cards still needed to get the UK EEA family permit and would often be blocked entering the aeroplane without it, because the airline feared a UK fine.

Hopefully all the Stupid will not now insist on the EEA family permit as many did before. Might be a good idea to take a printout to the airport of that partially helpful Article 10 Card info you posted though.

If the Non-EU spouse went alone then they should only be asked for the above mentioned Article 10 Residence Card plus passport and nothing further. By Article 5 of the EU Directive that is all they can ask for.

All the other requirements the UK government put in the link you posted are false, such as marriage certificate, evidence of the spouse being in the UK etc. The card is already evidence of the marriage, because the marriage certificate must have been provided to get the card in the first place!