Questão jurídica principal
Whether the applicant had a right to renewal of her residence permit under Art. 42 and Art. 50 AuG based on a three-year genuine marital union.
Decisão extraída
No residence right arose because the marriage was not actually lived as a marital community; the spouse did not regularly stay at the shared address and the applicant failed to show a meaningful cohabitation or important reasons for separate residences.
Fundamentação extraída
Art. 50 AuG requires a real, actually lived marital relationship. The factual findings showed repeated absence of the spouse, non-compliance with summonses, no reliable contact, and no substantiated explanation for separate living.