Applications for family reunification will be evaluated case by case
The Court of Justice of the European Union, in the case C-82/16, decides that this two situations will be evaluated case by case; the existence of a relationship of dependence between nationals of non-EU countries and EU citizens; and the justification of the prohibition of entry into the territory for reasons of public order. Consequently, they must take into consideration the requests for family reunification, even when who is asking have a prohibited entry into the territory against nationals of countries outside the EU, who are family members of EU citizens who have never exercised their freedom of movement.
This Court affirms that even though the citizens of the European Union have not used their freedom of movement, nationals of non-EU countries who are relatives must be granted the right of residence.
The application must be examined and it must be assessed whether, between that third-country national and the citizen of the Union in question, there is a dependency relationship such that, in principle, a right of residence derived under the article must be granted to the former 20 TFUE, since, otherwise, the Union citizen would, in fact, be forced to leave the territory of the Union as a whole, which would deprive him of the effective enjoyment of the essence of the rights conferred on him by his statute.
If it concludes that such a relationship exists, the Member State concerned must revoke, or at least suspend, the decision to return and the prohibition of entry into the territory that was issued against the third-country national. Under Article 20 TFEU it is precisely such a dependency relationship which in principle would justify the granting of a right of secondary residence to that third-country national.