Whether British photographer Simon Montgomery can stay in Sweden now rests with a higher migration court, after a lower court upheld his removal in a case involving his 16-month-old German-citizen son, The Guardian reported Friday.
Montgomery has appealed the decision, the newspaper said. It reported that he saw his son three days a week under a legally recognized shared-custody agreement. The boy, a German citizen through his mother, was 16 months old when the report was published Oct. 23. Montgomery told The Guardian, “I am only in Sweden to be with my son.”
The case also concerns whether Montgomery qualifies to live in Sweden as the family member of a European Economic Area (EEA) citizen, The Guardian reported. The court upheld the refusal and removal decision in October, finding he had not shown he met that residence test, according to the newspaper.
The Guardian’s account of the Swedish Migration Agency’s reasoning said the agency did not accept that Montgomery had demonstrated hands-on care during the period his son spent nights at his mother’s home. The agency said visa-free visits could allow him to maintain contact, the newspaper reported.
Under the EU-UK Withdrawal Agreement, residence protections apply to UK nationals who exercised residence rights in an EU member state before the transition period ended Dec. 31, 2020, and continued living there. The Guardian reported that Montgomery moved to Sweden after Brexit and was outside those protections, but did not give his move date.
The Guardian also reported that Montgomery’s lawyer argued his removal would unsettle the child and disproportionately interfere with their family life under Article 8 of the European Convention on Human Rights. The court weighed that argument against the state’s interest in enforcing immigration rules, according to the newspaper.
British citizens can visit Sweden without a visa for short stays. The Swedish Migration Agency says a visitor’s residence permit may be required for stays longer than 90 days. The Guardian gave no hearing date or timetable for Montgomery’s appeal.
