Judgment_paragraph 58 · K.A. and Others v Belgische Staat (C-82/16)

58The objective pursued by Article 20 TFEU would be defeated if a third-country national were compelled to leave, for an indefinite period, the territory of the European Union in order to obtain a withdrawal or suspension of the ban on entering that territory to which he is subject without it having been ascertained, first, that there does not exist, between that third-country national and a Union citizen who is a family member, a relationship of dependency of such a nature that the Union citizen would be compelled to accompany the third-country national to his or her country of origin, even though, precisely because of that relationship of dependency, a derived right of residence ought, as a general rule, to be granted to that third-country national under Article 20 TFEU.