Key legal question
Whether the appellant had a right to renewal of the residence permit based on marriage to a Swiss citizen despite separation.
Extracted holding
No right existed because the marriage had become empty in content and was maintained only formally to obtain immigration benefits.
Extracted reasoning
The spouses lived together only briefly, had been separated for over 17 months, no realistic reconciliation was shown, and the wife had clearly stated she wanted only divorce. The appellant could therefore not invoke a genuine marital relationship.