Questão jurídica principal
Whether the appellant still had a right to a residence permit as spouse of a settled foreigner under Art. 43 AuG.
Decisão extraída
No. Once the husband left Switzerland and his settlement permit lapsed, the derivative right under Art. 43 AuG could no longer be invoked.
Fundamentação extraída
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.