British photographer faces deportation from Sweden, separation from baby son

Migration court rules Sweden's immigration interests outweigh family life; father appeals to higher court

By LineZotpaper

Published23 October 2026

Updated23 October 2026

Read Time3 min

Sources2 outlets

A British photographer is fighting a deportation order from Sweden that would separate him from his 16-month-old son, after migration authorities and a court rejected his residency application. Simon Montgomery, who moved to Sweden after Brexit, is appealing to the higher migration court, arguing he has EU freedom of movement rights because his son is a German citizen through his mother.

Simon Montgomery's application to remain in Sweden, made when his son was six months old, was rejected in December by the migration agency on the grounds that there was no evidence he had "actual care" for the child, who at that point still stayed overnight with his mother. The agency also said he could maintain his relationship with his son from afar, since he can enter the country visa-free and "still have the opportunity to visit the child in Sweden".

Montgomery appealed, but the migration court this month sided with the authorities, assessing that the "state's interest in regulated immigration outweighs your interest in the protection of your private and family life in a proportionality assessment".

Montgomery, who said he grew up without his father in his life, said he was determined to be there for his newborn. He and his former partner, the boy's German mother, have legally recognised joint custody and a "stable parenting plan" agreed through the municipal family law service. He said he sees his son three days a week, takes an active part in his care, and that overnight stays are "about to start very soon".

"Everything in Sweden is about the children's right to both parents," he said. "But this seems to be ignoring all of that, when it comes around to immigration."

His lawyer argued that forcing him to leave "would undermine the process and create instability for his son", who is "in a critical attachment phase" and would benefit from both parents being physically present. The boy's mother does not have a family network in Sweden to rely on, the lawyer said, and deportation would constitute a disproportionate interference in family life, violating article 8 of the European convention on human rights.

Montgomery said he cannot visit his 98-year-old grandmother in the UK for fear of being blocked from returning to Sweden. "It's almost like torture in some ways," he said.

Montgomery moved to Sweden after Brexit, so he is not entitled to withdrawal agreement residency rights. Sweden's migration agency was approached for comment. The German government said it could not comment on the case.

Analysis

Why This Matters

The case shows how post-Brexit immigration rules apply to British citizens who moved to EU countries and no longer hold EU free-movement rights.
It pits family law and children's welfare against immigration control, with a young child facing separation from a parent.
The outcome of the appeal could clarify how Sweden treats other British parents of EU citizen children in similar positions.

Background

After Brexit, British citizens lost the EU free-movement rights they held as member-state nationals and are now generally treated as third-country nationals in EU states. EU law provides rights of residence for family members of EU citizens, including parents of EU citizen children, but only where conditions such as genuine care are met. In this case, the migration agency ruled that Montgomery had not demonstrated such care because his son primarily stayed with his mother, and that visa-free visits would be enough to preserve the relationship.

Key Perspectives

Simon Montgomery: The father says he is in Sweden only to be with his son, has joint custody and a stable parenting plan, and argues that deportation would disrupt the boy's attachment phase, breach his rights under EU law and international conventions, and effectively force a choice between parenting and visiting his elderly grandmother in the UK.

Swedish migration authorities and migration court: Rejected the application on the grounds that there was no evidence of actual care at the time it was made, that visa-free entry would allow the relationship to continue from afar, and that the state's interest in regulated immigration outweighs the protection of private and family life.

[Critics/Skeptics]: The court's reasoning shows the hurdle facing the appeal. If the higher court accepts the narrow reading of "actual care" or treats visa-free access as sufficient grounds for maintaining the relationship, the deportation order could stand.

What to Watch

The higher migration court's decision on Montgomery's appeal.
Whether the coming increase in overnight care changes how authorities assess his parenting role.
How the court weighs the proportionality argument against Sweden's interest in regulated immigration.

Sources

Briton facing forced separation from baby son after Sweden orders his deportation · World news | The Guardian
Briton facing forced separation from baby son after Sweden orders his deportation · UK news | The Guardian

Checked

12 claims in this story checked against 1 source: 10 supported.

Show each claim

SupportedThe British photographer faces deportation from Sweden that would separate him from his 16-month-old son.UK news | The Guardian: “A British photographer is facing deportation from Sweden and forced separation from his 16-month-old son”
SupportedThe migration court ruled that the state’s immigration interests outweighed Montgomery’s interest in family life, and he is appealing to the higher court.UK news | The Guardian: “He appealed against the decision but the court this month sided with the authorities, which assessed, according to the ruling, that the “state’s interest in regulated immigration outweighs your interest in the protection of your private and family life in a proportionality assessment””
SupportedMontgomery is arguing that he has EU freedom-of-movement rights because his son is a German citizen through his mother.UK news | The Guardian: “He is appealing to the higher migration court, arguing he has EU freedom of movement rights as his son is a German citizen through his mother.”
Partly supportedMigration authorities and a court rejected Montgomery’s residency application.UK news | The Guardian: “Simon Montgomery’s application to remain after the birth of his son last year was rejected on multiple grounds by the country’s migration agency, a decision that was then upheld by the migration court.”
SupportedThe agency rejected the application in December because it found no evidence Montgomery had “actual care” for his son, who was then still staying overnight with his mother.UK news | The Guardian: “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.”
SupportedThe agency said Montgomery could maintain a relationship with his son from afar because he could enter Sweden visa-free and visit the child.UK news | The Guardian: “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”.”
SupportedMontgomery and his former partner have legally recognised joint custody and a stable parenting plan agreed through the municipal family law service.UK news | The Guardian: “The pair have legally recognised joint custody ... 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.”
SupportedMontgomery says he sees his son three days a week, is actively involved in his care, and overnight stays are about to start soon.UK news | The Guardian: ““Because I can come here visa-free, [they say] it shouldn’t interrupt my parenting ability. That’s crazy because I look after my son three days a week now … and overnights are about to start very soon.””
SupportedMontgomery said, “Everything in Sweden is about the children's right to both parents,” but that the immigration decision ignores this.UK news | The Guardian: ““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.””
SupportedMontgomery’s lawyer said his departure would undermine the process and create instability, and argued that separation would violate article 8 of the European convention on human rights.UK news | The Guardian: “His lawyer argued that if he were “forced to leave Sweden, this would undermine the process and create instability for his son”.”
Partly supportedThe lawyer said the boy’s mother does not have a family network in Sweden to rely on.UK news | The Guardian: “They argued that the boy’s father’s presence was “particularly important” because his former German partner did not have a family network to rely on if she was sick or at appointments.”
SupportedMontgomery said he cannot visit his 98-year-old grandmother in the UK for fear he would be blocked from returning to Sweden.UK news | The Guardian: “Montgomery said he was unable to leave the country 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.””