Key legal question
Whether the appellant retained a claim to a residence or settlement permit under former ANAG Art. 7 despite the divorce.
Extracted holding
He retained a potential claim to a settlement permit, and at least a lesser claim to a residence permit, because the five-year lawful, uninterrupted marriage-related stay requirement was met before the divorce.
Extracted reasoning
He had been married to a Swiss citizen for more than five years and lived lawfully and continuously in Switzerland from February 2002 until the divorce in October 2007; no finding showed the marriage had definitively broken down before February 2007.