Kernrechtsfrage
Whether the appellant had a right to renewal of the residence permit based on marriage to a Swiss citizen despite long separation.
Extrahierter Entscheid
No. The court held that the marriage right had become abusive because the spouses had been separated for years and the marital will had extinguished before the five-year threshold.
Extrahierte Begründung
The spouse repeatedly stated that a resumption of cohabitation was excluded; later retractions were not credible. The appellant relied on a marriage that had lost its substance for immigration purposes, which Art. 7 ANAG does not protect.