Questão jurídica principal
Whether the appellant retained a right to renewal under Art. 50(1)(a) AuG after separation before three years of cohabitation in Switzerland.
Decisão extraída
No. The couple definitively separated before three years of joint residence in Switzerland had elapsed, so the statutory condition was not met.
Fundamentação extraída
Only time spent living together in Switzerland counts. The three-year threshold is absolute; missing it by a short period does not preserve the entitlement. No relevant reason for separate living under Art. 49 AuG was shown.