Is the SS route effectively dead?

The Commission's proposal to amend the Directive to limit the rights of non-EU spouses is so restrictive that if the European Council and the European Parliament pass it, wouldn't it effectively kill the SS route?

First of all, the movement to the host Member State would be severely restricted because the non-EU partner is required to be independently lawfully resident in the EU before marrying her EU partner plus she is required to have married him before he had established residence in his host Member State. Second of all, the movement back to the home Member State will have exactly the same restrictions because according to Case C-456/12 the Directive applies by analogy to returnees and their family members.

So, say a Brit was able to settle in a host Member State with his non-EU spouse because she (whom he married outside of the EU) met the domestic immigration requirements of their host Member State, the non-EU spouse would still have to jump the same hoops all over again and meet the domestic immigration requirements of the UK if the couple wish to return to the UK. This is because the Directive (with the new rule in it) applies by analogy to the returning couple according to Case C-456/12. Basically, that couple might as well have stayed in the UK and not bothered to move to the EU because they would still have to meet the requirements for the spouse visa no matter what.

There are already two lengthy threads running on this subject. I don't think we need another, so please continue here:
http://www.immigrationboards.com/eea-ro ... 03556.html

or here:
http://www.immigrationboards.com/eea-ro ... 03553.html