Key legal question
Whether the appellant had a right to renewal of the residence permit under Art. 7 ANAG despite the separation and later divorce.
Extracted holding
No. The marriage was being relied upon in a way that was abusive, because the common life was no longer intended or objectively to be expected before the five-year period was completed.
Extracted reasoning
The second marriage lasted only a little more than 2.5 years in Switzerland, the spouse repeatedly stated that reconciliation was excluded, and the appellant invoked a formally maintained, content-empty marriage solely for immigration purposes. The first marriage was not counted because Art. 7 ANAG requires uninterrupted residence.