Member states are allowed to insist on entry visa as per Article 5(2) of the Directive unless the non EEA spouse holds a RC. The 'funny' bit regarding the UK is that they won't accept RCs other than their own but follow the MRAX case (at least on paper). The border forces are instructed accordingly in the Border force operations manual (being updated at the moment).englishman9 wrote:I would think that a refusal would not effect entry as entry is an EU right but EEA FP is just a UK Visa in disguise flounting EU Law.
Your spouse certainly does have a right to enter but only if the marriage is genuine. As the UKBA is responsible for both visa issuance and border control I wouldn't be suprised if your case is in a database and can be accessed by border forces as well. But perhaps this is just me speculating.