Key legal question
Whether the appellant was entitled to a residence or settlement permit under Art. 7 ANAG despite the breakdown of the marriage.
Extracted holding
No entitlement existed because relying on the still formally existing marriage was abusive; the marriage was maintained only to obtain the residence right.
Extracted reasoning
The court held that a foreign spouse has no claim under Art. 7 ANAG when the marriage was entered into to circumvent immigration rules or when the marriage is invoked abusively. Clear indications showed that the marital life had ceased and was not expected to resume: the spouses had separated, the wife had moved away, and her statements confirmed the absence of any real prospect of reunion.