Key legal question
Whether the appellant had a right to renewal of the residence permit under Art. 50(1)(a) AuG after the marital union ended
Extracted holding
No. The marital community had definitively ended on 2008-01-01, so the three-year minimum duration was not met.
Extracted reasoning
The court accepted the lower court's assessment of the chronology and the spouses' letters, which showed that the common household and the actual marital community ended on 2008-01-01. The later attempt to resume cohabitation was motivated by immigration concerns and did not revive the marital community.