Sweden orders British photographer deported, separating him from 16-month-old son
Sweden's migration agency and migration court have rejected British photographer Simon Montgomery's residency application and ordered his deportation. He is appealing to the higher migration court, citing his son's EU citizenship rights.
A British photographer, Simon Montgomery, faces deportation from Sweden and separation from his 16-month-old son. Sweden's migration agency rejected his application to remain in the country after the boy's birth last year, and the migration court upheld that decision this month. The case matters because it shows how Sweden applies immigration rules when a child is a citizen of another EU state.
Why deportation was ordered
Montgomery moved to Sweden after Brexit, so he has no residency rights under the UK's withdrawal agreement with the EU. He applied to stay as the father of an EU citizen: his son is German through his mother. He applied when the boy was six months old, and the agency rejected the request last December. It said there was no evidence of "actual care", since the child still stayed overnight with his mother at that point. It also said he could enter Sweden visa-free and visit his son.
The court sided with the authorities this month. According to the ruling, the state's interest in regulated immigration outweighs his interest in protecting his private and family life in a proportionality assessment.
The father's and lawyer's arguments
The couple separated shortly after the birth. They have legally recognised joint custody, and a parenting agreement increases his time with the child as he grows older. Montgomery says he sees his son three days a week, takes part in his care, and that overnight stays are due to begin soon.
His lawyer argues that deportation would create instability for a child in a critical attachment phase. The lawyer also says the boy's mother has no family network to rely on if she is ill. In their view, the lower court read "actual care" too narrowly, and forced separation would breach article 8 of the European Convention on Human Rights.
Montgomery says he fears leaving Sweden to visit elderly relatives in the UK in case he is not allowed back. Sweden's migration agency has been approached for comment, while the German government said it could not comment on the case.
