Questão jurídica principal
Whether the residence permit could be extended on the basis of Art. 7 ANAG despite a broken marriage
Decisão extraída
No. Reliance on the marriage was abusive because the marital union had ended in fact and a resumption was no longer to be expected.
Fundamentação extraída
The couple had lived together only briefly, had been separated for over four years, and the spouse had clearly lost the will to continue the marriage. Art. 7 ANAG protects genuine family life in Switzerland, not purely immigration-motivated adherence to an empty marriage.