Kernrechtsfrage
Whether the applicant could rely on Art. 7 ANAG to obtain renewal of her residence permit despite the separated and only formally existing marriage.
Extrahierter Entscheid
No; the marriage had been abandoned at the latest in April 2008 and reliance on it was abusive.
Extrahierte Begründung
The Court held that, under settled case law, an abusive invocation of a marriage exists when it is maintained only formally to secure residence rights. The factual findings showed no reasonable prospect of resuming cohabitation by April 2008, so Art. 7 ANAG did not protect the claim.