Questione giuridica chiave
Whether the appellant retained a right to renewal of the residence permit under Art. 50(1)(a) AuG despite separation
Decisione estratta
No. The marital community ended before three years had elapsed, and no valid reason justified separate residences.
Motivazione estratta
Art. 49 AuG is exceptional; friendship, occasional outings, or an unsubstantiated hope of reconciliation do not establish a continuing marital community. The evidence showed the household was not resumed after 2010.