Key legal question
Whether the federal administrative appeal was admissible under Art. 7 ANAG despite the divorce.
Extracted holding
Yes. Because the appellant had been married to a Swiss citizen for more than five years and had lived in Switzerland lawfully and continuously until the divorce, she could in principle invoke Art. 7(1) ANAG for a settlement permit.
Extracted reasoning
For admissibility under Art. 7 ANAG, only the formal existence of marriage matters; the rights arising from the five-year rule may still be invoked after the marriage has ended.