Key legal question
Whether the applicant had a right to a residence or settlement permit under Art. 7 ANAG despite the formal marriage to a Swiss citizen.
Extracted holding
No; the marriage right was abused because the marital union had ceased long before the five-year period and was maintained only formally for immigration purposes.
Extracted reasoning
A foreign spouse may rely on Art. 7 ANAG only if the marriage is not entered into or maintained merely to circumvent immigration rules. The findings showed a short period of cohabitation, years of separation, and no realistic prospect of resuming the common life, so the reliance on the marriage was abusive.