Questão jurídica principal
Whether the foreign spouse of a Swiss citizen was entitled to a residence permit under Art. 7 ANAG.
Decisão extraída
The entitlement was denied because the marriage was being relied on abusively: the relationship had irretrievably broken down and was maintained only formally to obtain immigration benefits.
Fundamentação extraída
Art. 7 ANAG protects family life and a genuine, even temporary, marital crisis. It does not protect a marriage kept alive without realistic prospects of resuming cohabitation. The findings showed serious and lasting marital breakdown, prior separation, criminal complaints, and an established expectation that the common life would not resume.