Questão jurídica principal
Whether the complaint was admissible under Art. 7 ANAG despite the divorce and requested residence/work permits.
Decisão extraída
The complaint was admissible because the applicant had, before the divorce became final, completed five years of lawful and uninterrupted residence in a marriage with a Swiss citizen and could in principle invoke a right to a settlement permit, making refusal of the lesser residence permit reviewable.
Fundamentação extraída
For admissibility, the Court looked to the legal and factual situation at the time of its decision. Even though the marriage had been dissolved, a possible accrued entitlement to settlement remained relevant and sufficed to allow review.