Questão jurídica principal
Whether X. had a right to a settlement permit under Art. 42 AuG after marriage to a Swiss citizen.
Decisão extraída
No. The five-year cohabitation requirement was not met because the spouses stopped living together no later than 2008.
Fundamentação extraída
A right under Art. 42(3) AuG requires five years of joint residence, and separate registration is insufficient if actual cohabitation ceased.