Kernrechtsfrage
Whether the applicant had a right to renewal of his residence permit under Art. 50(1)(a) AuG after divorce.
Extrahierter Entscheid
No; the marital union did not last three years in the relevant sense, so no entitlement arose.
Extrahierte Begründung
Only the period of genuine household cohabitation counts, unless Art. 49 AuG justifies separate residences. The lower court could find that the marital union had ended during the wife’s imprisonment and was not resumed after her release.