Supreme Court Says Zambrano Test Is Usually A Simple One
The Supreme Court has found in the case of Patel and Shah v Secretary of State for the Home Department  UKSC 59 that the carers of EU citizen children can derive a Zambrano right of residence only where the child will as a practical matter of fact be forced to leave the EU.
The judgment is not as wide as some will have hoped but it is nonetheless very important. The Court of Justice cases of C-133/15 Chavez-Vilchez and Others v Netherlands and C-82/16 KA v Belgium seemed to represent a widening of the original Zambrano judgment (I certainly thought so at the time) but the Supreme Court seems to tell us otherwise. A careful reading of the judgment shows that the question of whether a child might be forced to leave the EU will include a best interests assessment on the facts of some cases, though.