Question juridique clé
Whether the appellant retained a right to renewal of the residence permit under Art. 42 AuG after the marriage ended.
Solution extraite
No. Once there was no mutual marital will and no cohabitation, the permit could no longer be renewed on that basis.
Motifs extraits
The binding findings showed that by October 2010 at the latest the marital relationship had ended; therefore the statutory conditions of cohabitation and a qualifying marital duration were not met.