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MAJOR residence permit problems…. PLEASE HELP (Vienna)

I am married to an Austrian Citizen, currently in Austria (Klagenfurt) and am visiting on a Visa D with the Intention on moving here full time. I signed an agreement with the Austrian Authority in Los Angeles before I left stating that I will complete the Application process for my permanent residence before the 6 months is up.

I went to apply today and got a very rude and abrupt response from the lady at the office…

Because my wife is unable to work at the moment and receiving money from the Austrian Government, I AM NOT ABLE TO APPLY FOR A RESIDENCE PERMIT.

This seems a little crazy to me… I have significant funds to support myself (which did not interest this lady at all). I also have my own insurance which is valid in Austria, so while my wife may be receiving assistance, I don't need it at all.

So now I'm in a place where I am unable to fulfil my contract with Austria because they won't let me apply for Residence. I am not sure what to do at this point. I am hoping the lady is making a mistake… it seems completely unreasonable to me.

I spent thousands of dollars getting all the paperwork I need together, flew to San Francisco JUST to take the A1 Language test, Drove multiple times to Los Angeles, and spend a lot of money on Apostilles, certified copies of Birth and Marriage certificates, Background checks, etc. and now I'm being told its impossible. This is very frustrating.

Before I left, I went to the LA consulate and spoke with them, and they assured me there wouldn't be a problem with any of this. I know Austria isn't particularly fond of 'Auslanders', but this is too much. I will call LA again and see what they have to say.

Can anybody help? Im desperate...

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