Garnett45, I think this is going to cause you a lot of hassle, even though it's supposed to be one of the key EU rights...
If you do have the hassle and want to take the chance (why should this be so much hassle) then as a final solution you could try the following, and if that fails consider suing/taking legal action if refused flight/entry...
What is covered?
- No-cost, easy, fast issue of visas
- Easy right to stay for up to 90 days if so desired. EU citizens and their non-EU family can work if desired in this period, or play.
- Easy right to stay longer if the EU citizen is working, is a student, or has medical insurance and is self sufficient
- Permanent residence after 5 years
- Right of facilitated entry if passports have been lost, or if a visa has not been obtained
- Applications can only be turned down in three limited circumstances (public health, public policy, national security), or when a marriage is determined to be fraudulent. Reasons for refusal must be spelled out in detail and there is a right of appeal.
- EU citizens and their non-EU family members can not legally be treated differently than citizens of their EU host country
If you click on the visa not obtained then this then leads on to:-
5. You must carry proof of the family relationship (e.g. an original marriage certificate, birth certificate, or adoption certificate, as well as an official translation if the original is in a non-European language)
6. Border guards may, in some cases, not be aware of all aspects of your right to free movement and of their legal obligations. You may need to politely provide them with references to the law or their procedures and rules (such as this blog entry) and should very politely request their managers and supervising officers if there is any difficulty.
7. Employees of airlines and passport checking firms are less likely to be aware of your legal rights and may resist letting somebody without a visa on board because they fear fines from the government of your destination for letting somebody on board without the proper travel clearance. Be polite and patient but firm with them.
8. You should print out, organize and travel with each of the documents referenced in this article, as well as other supporting material. Read it, understand it, and travel with it. You can share the documents with border guards and their supervisors if there is any misunderstanding.
9. You have a right to any refusal in writing, along with reasons for the refusal. Make sure they clearly state that the EU citizen was present, and the marriage certificate was produced, but that entry was refused.
10. Entering without a visa will likely take more time at the border than you are used to. Take some food and water, and do not have anything else planned for a few hours after your arrival.
11. Be calm, relaxed and happy in dealing with border guards. Quite a few of them well understand the laws on free movement within the European Community, and will deal with you quickly and politely.
They should have sorted all this mess out years ago