Sweden to deport British man whose 16-month-old son lives there

Sweden has ruled that British photographer Montgomery must be deported, even though his 16-month-old son lives in the country. The decision was made by the migration agency and later upheld by a migration court, British media report.

Montgomery hopes to win his case by invoking EU free movement rights: through his mother, his son holds German citizenship. “I’m not here because I want to live in Sweden. I’m in Sweden only to be with my son,” he said.

Why the agency refused

Soon after the boy was born, the Briton split up with the child’s mother. He grew up without a father himself, so he is determined to stay close to his son. Legally, the child is in joint custody, and the time Montgomery spends with his son is due to increase once the boy no longer needs night feeds. At present he sees his son three times a week and takes an active part in his care and daily life.

The migration agency rejected the residence permit application, arguing that there was no evidence the Briton “genuinely cares” for the boy. Deportation, the decision says, will not prevent him from maintaining a relationship with his son, as he “will still be able to visit the child in Sweden.” The migration court then ruled that “the state’s interest in regulated immigration outweighs your interest in the protection of private and family life.”

Brexit took away his protection

Montgomery can be deported from Sweden because he moved there after Brexit, so the agreed rights to keep residence do not apply to him. He finds it shocking that Sweden is prepared to separate the boy from his father, contrary to the child’s rights under EU law and international conventions.

“Everything in Sweden is built on children’s right to both parents. But when it comes to immigration, they seem to ignore all of that. Sometimes I feel that people don’t know what is going on here… Everyone here is so friendly, society works, everything is fine. And when you tell them what happened, they just look stunned. They think you must have done something bad, and when I explain that I didn’t, they simply don’t understand,” Montgomery said.

While the courts examine the case, he is staying in Sweden. Fearing he might not be allowed back in, the Briton is not even visiting relatives in the British Isles. “In a way it’s almost like torture,” he says. “For example, when you have to decide: stay here and do your duty as a parent, or go to Britain to see my 98-year-old grandmother and say goodbye to her.”

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Around Prague, based on reporting by novinky.cz