Questione giuridica chiave
Whether the appellant was entitled to a residence permit under Art. 7 ANAG despite long-term separation from his Swiss spouse.
Decisione estratta
The marriage-based entitlement could no longer be invoked because the relationship existed only formally and resumption of married life was not seriously foreseeable.
Motivazione estratta
The lower court’s findings showed a long separation with no rapprochement and sufficient indications that no genuine continuation of the marital community could be expected; invoking Art. 7 ANAG was therefore abusive.