Key legal question
Whether the appellant still had a right to a residence permit as spouse of a settled foreigner under Art. 43 AuG.
Extracted holding
No. Once the husband left Switzerland and his settlement permit lapsed, the derivative right under Art. 43 AuG could no longer be invoked.
Extracted reasoning
The family reunification right presupposes a valid settlement status of the spouse and, as a rule, cohabitation or valid grounds for separate residence under Art. 49 AuG. Those conditions were no longer met.