Key legal question
Whether the appellant had a right to renewal of the residence permit under Arts. 42, 49 and 50 AuG despite living separately from his Swiss spouse.
Extracted holding
No right existed: the spouses no longer lived together, no important reasons justified separate households, the marital community had not lasted three years, and no important personal reasons required continued residence.
Extracted reasoning
The appellant failed to substantiate important reasons for continued separate living. Without three years of marital community, Art. 50(1)(a) AuG was unavailable. His general integration claims were insufficient, especially given a recent criminal conviction, and no concrete return hardship was shown.