British Father Faces Deportation From Sweden, Separation From Son 2026

British photographer Simon Montgomery is facing deportation from Sweden, a move that would force him to separate from his 16-month-old son. Sweden's migration agency rejected his application to remain after his son's birth, and the migration court upheld that decision. Montgomery is now appealing to the higher migration court, arguing that his EU freedom of movement rights should protect him because his son is a German citizen through his mother.

Why Sweden Ordered the Deportation

The Swedish migration agency rejected Montgomery's application on several grounds, though the specific reasons were not detailed in the source. The agency's decision was later upheld by the migration court, prompting his appeal to the higher migration court.

Montgomery moved to Sweden after Brexit, meaning he is not entitled to residency rights under the UK's withdrawal agreement with the EU. Instead, he applied to stay on the basis that he is the father of an EU citizen—his son, who holds German citizenship through his mother.

The Legal Argument: EU Freedom of Movement

At the heart of Montgomery's appeal is the claim that his EU freedom of movement rights are being violated. As the parent of an EU citizen child, he argues that he has the right to remain in Sweden to exercise his parental responsibilities.

This legal avenue has been used in other cases where non-EU parents seek to stay in an EU country to care for their EU-citizen children. The outcome often hinges on the child's dependency on the parent and whether denying residency would effectively deprive the child of their EU rights.

The Human Cost: A Father's Fight

Montgomery's situation is complicated by the fact that he and his son's mother separated shortly after the child was born. However, they have legally recognised joint custody and a parenting agreement that allows Montgomery to see his son three days a week.

He is actively involved in his son's daily routine, with a stable parenting plan agreed through discussions with the municipal family law service. "I am not here because I want to be in Sweden, I am only in Sweden to be with my son," Montgomery said.

Having grown up without his father in his life, Montgomery is determined to be present for his son. He described the prospect of deportation as shocking, emphasising that Sweden is prepared to separate him from his child. The background to this story is set out in Brexit Fallout: British Man Faces Deportation from Sweden. A related thread runs through British Widow Faces Deportation from Sweden After 21 Years: Brexit. Earlier coverage in British Widow Facing Deportation from Sweden Calls It a Death Sentence shows how the argument developed.

What This Means for Other British Parents in the EU

Montgomery's case highlights the precarious situation of British citizens who moved to the EU after Brexit and now face immigration hurdles. Many are unable to rely on withdrawal agreement rights and must find alternative legal bases to remain. A closer look at the same subject appears in Dementia Care Deportation: British Man Ordered to Leave Sweden. Anyone following the wider picture can start with British Widow, 78, Faces Deportation from Sweden After 21 Years. The same theme surfaces in Brexit Deportation Threat for British Widow in Sweden After 21, which takes a different angle.

For parents of EU-citizen children, the freedom of movement argument is often the strongest card. However, success depends on the specific circumstances, including the child's age, the parent's role in caregiving, and the local authorities' interpretation of EU law. Context on how this played out before sits in Brexit Deportation of British Widow, 78, Sparks Outrage in Sweden. A companion piece, British Widow, 78, Fights Deportation from Sweden After 21 Years, approaches the same subject from another angle.

Key Takeaways from the Case

• Brexit impact: British citizens who moved to the EU after Brexit lack withdrawal agreement residency rights.
• EU citizenship by descent: Montgomery's son is a German citizen through his mother, giving him EU citizenship.
• Freedom of movement argument: Montgomery argues that his son's EU citizenship grants him the right to stay as the primary carer.
• Joint custody: Despite separation, Montgomery has legally recognised joint custody and a stable parenting plan.
• Appeal pending: The higher migration court will decide whether to overturn the deportation order.

Comparison of Residency Rights

FAQ

Montgomery's case is not isolated; it reflects a broader pattern of British citizens facing deportation from Sweden and other EU countries post-Brexit. The Swedish Opposition has vowed to help Britons facing deportation, signalling that political pressure may grow. For those with severe health issues, the stakes are even higher, as illustrated by a Briton with severe health issues who fears deportation from Sweden.

The emotional toll on families is immense. A British widow facing deportation from Sweden called it a death sentence, highlighting the desperation many feel. In the UK, similar stories emerge, such as Tony Hall, who has spent 50 years in the UK yet faces deportation by the Home Office. These cases underscore the complexities of immigration law and the human consequences of policy decisions.

As the debate over immigration and citizenship continues, cases like Montgomery's raise questions about the balance between national sovereignty and individual rights. The outcome of his appeal will be closely watched by legal experts and affected families alike. For now, Montgomery remains in Sweden, fighting to stay with his son and hoping the higher court will recognise the gravity of his situation.