Briton facing forced separation from baby son after Sweden orders his deportation

Exclusive: Photographer Simon Montgomery told ‘state’s interest in regulated immigration’ outweighs his family concerns

A British photographer is facing deportation from Sweden and forced separation from his 16-month-old son after authorities ruled in favour of the country’s immigration interests.

Simon Montgomery’s application to remain after the birth of his son last year was rejected on several grounds by Sweden’s migration agency, a decision that was then upheld by the migration court.

He is appealing to the higher migration court, arguing that he has EU freedom of movement rights as his son is a German citizen through his mother. “I am not here because I want to be in Sweden, I am only in Sweden to be with my son,” he said.

The couple separated shortly after the child was born but Montgomery, who grew up without his father in his life, said he was determined to stick around and be there for his newborn.

The pair have legally recognised joint custody, with a parenting agreement that meant his time with his son increased as he got older and no longer needed night-time breastfeeding.

He said he saw his son three days a week and took an active part in his care and daily routine with a “stable parenting plan” agreed via discussions with the municipal family law service.

He moved to Sweden after Brexit so was not entitled to any withdrawal agreement residency rights, but applied to stay on the basis he was the father of an EU citizen.

Montgomery said it was shocking that Sweden was prepared to separate a son from his father, even though the child had rights under EU law as well as international conventions. “Everything in Sweden is about the children’s right to both parents,” Montgomery said.

“But this seems to be ignoring all of that, when it comes around to immigration. Sometimes I feel like people don’t know what happens here. That’s why it’s so important to have these stories told.

“Everyone’s so friendly here; society works and things are nice. And when you tell them what’s happened, they just look shocked. They think you must have done something wrong, and when I explain I have done nothing wrong they just don’t understand.”

Montgomery said he was unable to leave Sweden to see elderly relatives in the UK for fear he would be blocked from returning to be with his son.

“It’s almost like torture in some ways, like having to make these decisions between staying to fulfil your parenting roles and not being able to visit my 98-year-old grandmother back in the UK and say my goodbyes,” he said.

His residency application, made when his son was six months old, was rejected last December by the migration agency on the grounds there was no evidence he had “actual care” for the child, who at that point still stayed overnight with his mother.

It also said he was free to maintain a relationship with his son from afar as he could enter the country visa-free and “still have the opportunity to visit the child in Sweden”.