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From the judgement of the European Court of Justice in MRAX v Etat Belge (2002) it is made clear that the non-EU spouse of a Union citizen may not be refused entry to any member state when proof of the conjugal link is given, except in the case of immediate security issues.

This judgement has been transposed both into Directive 2004/38/EC as well as the UK EEA Regs.

How is this implemented in practice by ECOs for British Citizen/non-EU spouse couples arriving at a port of entry to the UK when only in possession of a marriage certificate without a host State RC or UK FP?

Does it make any practical difference to the above fundamental right of entry from primary law in the following scenarios:

a) The UK citizen has proof of exercising Treaty rights in accordance with the judgement of O & B, or
b) The UK citizen has no proof of the above.
c) The couple state their intention is to visit.
d) They state their intention is to reside.

Thanks for your insights.

In the case of B, C and D, MRAX does not Apply.

Thank you Obie for the reply.

That's cleared things up.

I guess I inferred from a literal reading of MRAX judgement that satisfying the conditions of S. Singh (or even O & B) seemed irrelevant to the right of entry to the UK, but I knew I was missing something.