Kernrechtsfrage
Whether the residence permit could be renewed despite separate living arrangements from the Swiss spouse under Art. 42 and 49 AuG and Art. 8 ECHR/Art. 13 BV.
Extrahierter Entscheid
No; the spouses were no longer living in a genuine marital household and no important reasons justified the separation.
Extrahierte Begründung
The asserted commuting and health-related reasons were not persuasive or sufficiently proven, and the evidence indicated that the marital household had effectively ceased.