GC (Citizens Directive: UK national�s spouse) China

The Citizens Directive, 2004/38/EC, gives no absolute right of residence to a person not himself a national of a Member State who is married to a UK national. Even if the UK national has exercised Treaty rights by working in another Member State before returning to the UK, the UK national's movement unaccompanied by the spouse does not confer a right of residence on the spouse.

"1. Must the European legislation be interpreted as meaning that the Member States may, at the border, send back foreign nationals subject to a visa requirement and married to a Union citizen who attempts to enter the territory of a Member State without being in possession of an identity document or visa?

Must the European legislation be interpreted as meaning that Member States may refuse to issue a residence permit to the spouse of a Union citizen who has entered their territory unlawfully and may issue an expulsion order against him?

Does the European legislation mean that Member States may neither withhold a residence permit nor expel a foreign spouse of a Union citizen who has entered national territory lawfully but whose visa has expired when application was made for the issue of that permit?

Must the European legislation be interpreted as meaning that foreign spouses of Union citizens who are not in possession of identity documents or a visa or whose visa has expired have the right to some sort of appeal against refusal of a permit or expulsion?"