Key legal question
Whether the appellant had a right to renewal of the residence permit based on marriage to a Swiss citizen.
Extracted holding
No; the reliance on the marriage was abusive because the marital relationship had long ceased to exist in substance and no realistic prospect of resuming cohabitation remained.
Extracted reasoning
Under Art. 7 ANAG, a foreign spouse generally has a right to a permit, but not where the marriage is only formal. The factual findings showed separation since November 2001, no resumption of the relationship, and no concrete signs of reconciliation; therefore the cantonal authorities correctly found abuse of rights.