Kernrechtsfrage
Whether the appellant had a right to renewal of the residence permit under Art. 50 AuG after dissolution of the marriage.
Extrahierter Entscheid
No. The court held that the marital union had already ended in 2006, so the three-year cohabitation requirement was not met.
Extrahierte Begründung
The decisive point was the factual end of the marital community. The court relied on the spouses' consistent statements in the divorce hearing that they had been separated since September 2006; later living arrangements did not outweigh this.