After EEA family permit refusal, will we be allowed in the UK as tourists?

We’re in Brazil, planning a trip to the UK. I have a Portuguese passport as well, and have been living and working the UK for the past 5 years. I came to Brazil 2 years ago for work and kept going back and forth. UK-Brazil.

I got married in Brazil in this period. Now my work in Brazil is done and I want to go back to the UK, initially for a short trip (3-4 weeks) and, if all goes well, we’ll move back permanently. I understood the best route at the moment is to apply for an EEA family permit.

We’ve applied for that permit, it’s been refused, claiming that we didn’t provide enough proof that we had a genuine relationship. We’ve added more proof and re-submitted the application and now are waiting for the results.

In case that’s refused as well, I’m considering what other options we have to visit the UK.

  1. If we go after a second refusal, will she be stopped in the border when she tries to enter as a tourist? The goal of the trip is to see what she thinks about the country and if we really would like to stay there.

  2. If she would be denied entry, what other options do we have other than to keep applying for an EEA family permit to take this short trip to the UK?

I’m asking these, ignoring the fact that the UK is leaving the EU because, as far as I know, there hasn’t been any changes to these procedures yet. I’m aware they are about to change.

Answer

As GayotFow mentioned in his comment, my question is impossible to answer. There isn’t a defined rule that we can check to decide on that, each individual case will have it’s own answer, the grounds for refusal will be different in each application and therefore could be questioned, or not, by the border control.

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