Questione giuridica chiave
Whether the appellant had a right to renewal of the residence permit under Art. 43 AuG despite living apart from her husband.
Decisione estratta
No. The husband’s disappearance to avoid serving a conversion sentence was not an important reason for separate residences under Art. 49 AuG, so the cohabitation requirement remained unmet.
Motivazione estratta
Important reasons must be objective and substantial. The factual finding of the husband’s absconding did not qualify, and later detention-related facts could not be considered as new evidence.