Questão jurídica principal
Whether the appellant had a right to renewal of her residence permit under Art. 42 LEtr despite separation from her Swiss spouse.
Decisão extraída
No. She no longer lived in a common household, the marital community had ended, and the circumstances showed an abusive reliance on a formal marriage.
Fundamentação extraída
Art. 42 LEtr requires common household; the separation was durable and the spouse had initiated nullity/divorce proceedings, so the statutory condition failed.