Submitted IAFT-2 form 6 weeks ago, but no response

[Navster]

Hi, I am new here and have been using this website as a valuable source of information to help me get my wife over from New Zealand to England.

I live in England and my wife lives in New Zealand. We applied for a settlement visa so she can come and live in England with me.
The visa post is based in Canberra.

After 3 months, we received a notice of refusal in September stating that the reason the visa was denied was because the copy of my passport was not notarised. This was the only reason they had stated.

We were given a right to appeal and filled in the IAFT-2 form.
We successfully submitted this before the 28 day deadline, along with the notice of refusal letter and a notarised copy of my passport as requested.
We received confirmation from Canberra that they had received our papers. Their email was sent on the 28th September 2010.

It is now November and we have heard nothing. Whenever we phone Canberra they do not give any updates or answers.
I am starting to worry, I thought it would be a straightforward case and could be resolved at Canberra post without the need for Trubunal because all they wanted was a notarised copy of my passport, nothing else.

Is it supposed to take this long for the IAFT-2 to be processed? Any advice would be much appreciated.

[batleykhan]

I am suprised that they have refused you for such a minor reason, this is unheard of.

Normally the ECM at the post you applied at upon review will overturn such a decision upon receipt of the correct document straight away> This is very unusual.

Have you emailed the post where you applied rather than ringing them?

Also are you sure you copied every page of your passport and that you dont have other history about your or yours wife application that makes them doubt things?

[Navster]

We were very surprised too, seems like such a minor point. They did not question anything else about our application.
From what I've read they cannot raise anymore doubts if they had not raised them in the initial refusal notice.

When I sent in the notarised copy with the IAFT-2 form I only sent in the photo page, will this cause a problem?

We have emailed the Canberra post. They initially said it typically takes up to 20 working days to review the decision.
It has been over 20 working days now and still no word, this is why I was growing concerned, and when my wife phoned them. They would not give straight answers about the application, which only adds to our frustration.

Should I contact the First Tier Tribunal in the UK and see if they have received the appeal bundle from Canberra?

[batleykhan]

There is no harm in asking IAT.

Did you send your IAT2 form to IAT or the post where you applied

[Navster]

We sent the IAFT2 form to the post where we originally applied, heard it's the quickest method.

[batleykhan]

In that case it might be pointless contacting IAT. The forms and decisons probally still resting with ECO/ECM@Canberra

[Navster]

Had some great news, my wife's visa has now been approved!!
Canberra sent an email saying the ECM has reviewed the original decision and overturned it.

Next question, how long do they hold onto her passport for when we send it in for the visa to be put into it?

[batleykhan]

Well that is good news at least. It could take 3/4 weeks to get visa stamped in passport. Just ned to be a bit more patient.

[Navster]

Ah i see. The thing is its the timing that is pretty bad. Reason being the letter states that they need the passport and paperwork within a month. The problem is we need to go to India for our religious wedding, which has all been sorted out and is on the 10th December.

If we wait until she returns from india before submitting the passport, that would take us over the 1 month deadline.
And if it takes 3/4 weeks to get the visa then she might not have her passport back in time to go india.

Is there anything we can do to either:
a) get some leniency on the 1 month deadline
or:
b) speed up the visa process to get the passport back in time for beginning of December.

[batleykhan]

You need to explain your circumstances to teh ECO in teh hope that he will do one or the other thing you have mentioned.

If I was to guess he would do first. That will give you time to go to India for your wedding and on return hand in your wifes passport for the visa to be stamped. You then have 3 months to fly to UK

[Navster]

My wife knows a travel agent and he is dealing with her visa situation now.

He is in talks with canberra and hopefully can sort it out so she can fly over to Canberra and get the visa stamped in person.
That would solve all our problems if that could happen!

Have you ever heard of anyone being allowed to do this?

[batleykhan]

I am always wary of travel agenst dealing with visa issues, but if he can help you sort the sittuation out, then thats fine.

[Navster]

The travel agent spoke to Canberra and they will not issue the visa in person, it has to be done by post. They are being so awkward.

My wife has now sent in her passport and we are just hoping that it will be back by early December at the latest so she can go to India for the wedding, otherwise it will have to be postponed.