A British photographer, Simon Montgomery, is facing deportation from Sweden and potential separation from his 16-month-old son after authorities prioritized immigration regulations over family concerns. Montgomery's application to remain in Sweden, submitted after the birth of his son last year, was rejected by the country's migration agency and subsequently upheld by the migration court.
Background
Montgomery is appealing to the higher migration court, asserting his rights under EU freedom of movement laws, as his son holds German citizenship through his mother. He stated,
“"I am not here because I want to be in Sweden, I am only in Sweden to be with my son."
The couple separated shortly after their child's birth, but Montgomery, who grew up without his father, is determined to remain involved in his son's life. They have a legally recognized joint custody agreement, which allows Montgomery to spend increasing time with his son as he grows older.
Current Situation
Montgomery sees his son three days a week and actively participates in his care, following a stable parenting plan established with the municipal family law service. After moving to Sweden post-Brexit, he was not eligible for residency rights under the withdrawal agreement but applied to stay based on his status as the father of an EU citizen.
