UK Entry for Short Visit on Article 10 RC vs EEA Application

[manicminer]

Hi all,

With reference to the recent ECJ Case (McCarthy C202/13), which essentially confirms that a non-EU family member possessing a valid Article 10 Residence Card may enter the UK without a EEA Family Permit providing they are joining/accompanying an EEA citizen (and can provide a marriage certificate, I would like to ask about the specifics of how this is likely to be dealt with in practice at the point of entry into the UK (assuming an air border).

I would be grateful is anyone has the specific knowledge to answer the following question:

If the UK/EU spouse is exercising Treaty rights as self-sufficient (as opposed to employment or self-employment) in an EU member state whilst living with their spouse, can the non-EU be refused entry for a short visit to the UK on the basis of Regulation 9 of the UK immigration regulations, which specifies that Treaty rights should be exercised as being employed or self-employed (rather than self-sufficient)?

In essence, does the requirement to be a worker (employed or self-employed) only apply to the process of applying for a UK RC/or EEA Family permit for those 'settliing' or 'returning' home to the UK permanently with their non-EU spouse under the Surinder Singh ruling, or are UK ECO's likely to require the 'working' requirement to be fulfilled by an EU Citizen at the point of entry when travelling to the UK for a short visit with their non-EU spouse holding an Article 10 RC?

The UK guidance only states that the card, the marriage cert. and travelling together are the requirements - there is no mention of the specifics of how treaty rights should be exercised for the purposes of entry, however, this is only guidance, and it seems that more than a few people have 'difficulties' at the border.
https://www.gov.uk/government/publicati ... dence-card

Many thanks,
MM