Key legal question
Whether the appellant retained a right to renewal of the residence permit under Art. 50(1)(a) AuG despite separation
Extracted holding
No. The marital community ended before three years had elapsed, and no valid reason justified separate residences.
Extracted reasoning
Art. 49 AuG is exceptional; friendship, occasional outings, or an unsubstantiated hope of reconciliation do not establish a continuing marital community. The evidence showed the household was not resumed after 2010.