Key legal question
Whether the residence permit could be refused renewal after a longer-term custodial sentence
Extracted holding
Yes. A 28-month prison sentence clearly met the longer-term threshold, terminating the spouse-based entitlement to renewal.
Extracted reasoning
Under Art. 51(2)(b) in conjunction with Art. 43(1) and Art. 62(b) AuG, any custodial sentence exceeding one year is longer-term. The distinction between intentional and negligent offenses is irrelevant here.