Questione giuridica chiave
Whether the appellant was entitled to renewal of his residence permit based on marriage to a Swiss citizen despite long separation.
Decisione estratta
No entitlement existed because the marital bond had become formally maintained only; the marriage was already irretrievably broken before the five-year period under Art. 7(1) ANAG had elapsed.
Motivazione estratta
The court found clear indications that the spouses no longer intended to resume cohabitation. The wife had declared the separation definitive in early 2002, the couple never resumed living together, and the appellant relied on the marriage mainly for immigration purposes.