Key legal question
Whether the foreign spouse was entitled to renewal of the residence permit despite separation from the Swiss spouse
Extracted holding
The claim to renewal failed because the marriage was no longer being maintained in substance and an abusive reliance on the marriage was established.
Extracted reasoning
After a short cohabitation and a long separation, the spouses' will to continue the marital life had clearly ceased; the appellant relied on a formally maintained but empty relationship solely for immigration benefits.