Question juridique clé
Whether the federal complaint was admissible because the applicant had a statutory entitlement to a residence permit under marriage law.
Solution extraite
Yes. Because the marriage formally still existed, the applicant in principle had a legal claim to renewal of the residence permit.
Motifs extraits
Under Art. 7(1) ANAG, the foreign spouse of a Swiss citizen generally has a right to a residence permit while the marriage formally subsists; therefore the remedy was available.