Facts
Turkish national X. married a Swiss woman in 1996. After the couple separated in 1997, the wife attempted multiple times to divorce X. However, X. resisted the divorce in order to extend his residence permit in Switzerland. The immigration authorities subsequently refused to extend the residence permit, as the marriage only existed formally and the invocation thereof was considered an abuse of rights.Considerations
The Federal Supreme Court upholds the refusal to grant the residence permit. While the foreign spouse of a Swiss citizen generally has a right to be issued and have extended a residence permit, this right expires if grounds for expulsion exist or the invocation of the marriage constitutes an abuse of rights.
In the present case, various indications suggest that the complainant's marriage only existed formally, and he primarily invoked it to extend his residence permit. In particular, the long separation of the spouses, the wife's relationship with a…