Key legal question
Whether the applicant was entitled to renewal of his residence permit after separation from his Swiss spouse.
Extracted holding
No. The right under Art. 42 AuG requires cohabitation, and no special reason under Art. 49 AuG was shown.
Extracted reasoning
The parties had been living separately since 1 May 2009. The applicant failed to substantiate a temporary, exceptional separation with a realistic prospect of resuming the marital household; general hopes of reconciliation were insufficient.