Key legal question
Whether the appellant had a right to a residence permit under Art. 17 para. 2 LSEE through marriage to a settled foreigner
Extracted holding
No. The spouses no longer lived together and the appellant had not completed five years of regular, uninterrupted cohabitation in Switzerland.
Extracted reasoning
Art. 17 para. 2 LSEE requires continued cohabitation for the basic residence right and five years of regular, uninterrupted residence for an establishment permit; neither condition was met.