Tier 2 General Dependent Daughter Visa from Pakistan

[Irfanakhtar345]

I am on Tier 2 General Visa and my wife is also on Tier 2 General dependent Visa .In November 2015, i got job offer from new company and i applied for new Visa under new sponsor then i received my visa which will valid from 10/12/2015 to 11/08/2020.
Before that my wife and i had visa which suppose to expire on following dates.
My visa was valid from 11/08/2014 to 15/07/2017.
My wife was valid from 02/10/2014 to 15/07/2017.
My daughter born on 20/10/2015, on 25 December 2015 they decided to go Pakistan for few to meet family and come back in two months while in the mean time they applied visa for my daughter which is refused due to certain reason.
(1) Birth certificate does not shows parents name which was my mistake and i agree with that
(2) Wife visa does not inline with my visa (I do not understand about that) she had valid remain until 15/07/2017
(3) Bank statement days was wrongly calculated 89 instead of 90 which was mistake from UKBA .
Now my question is that what i need to do for my daughter visa do i need to apply for my wife visa as well or what i need to do regards to second objection from ECO.
I requested administrative review as well but ECO does not answered my explanation regards to my wife visa .

UKBA Refusal reasons from refusal letter .

" The Decision

• You have applied to join X in the UK who has leave to remain as a Tier 2 General Migrant until 11/08/2020. You state your mother's name as Y . As evidence of relationship, you have provided a birth certificate (GAH 190947) however this document does not state your parent's names. In the absence of this information, I am not satisfied that you are the child of a parent who has valid entry clearance, leave to enter

or remain, or indefinite leave to remain, as a relevant Points Based System Migrant, or the partner of a Relevant Points Based System Migrant. I therefore refuse your application under Paragraph 319H(b) of the Immigration Rules.

•You have provided a copy of your claimed father's Biometric Residence Permit (BRP) showing leave to remain until 11/08/2020. You have also submitted a copy of your claimed mother's Entry Clearance visa however this only shows valid leave until 15/07/2017. It has been noted that your claimed father was granted leave to remain until 15/07/2017 however

on 30/10/2015 he submitted a in-country visa extension to switch to different Tier 2 sponsor. You have provided no evidence to show that your claimed mother was granted leave inline with your claimed father. I therefore refuse your application under Paragraph 319H(f) of the Immigration Rules.

You need to demonstrate funds of E630 for a consecutive 90 day period prior to the date of your application. You have provided bank statements from TSB for a account in the name of X . This account is dated from 02/11/2015 to 30/01/2016. This account only covers a 89 day period. You have therefore not provided the specified documents. I

am therefore not satisfied that there is a sufficient level of funds available to you, as detailed in Appendix E of the Immigration Rules and as such, I refused your application under
Paragraph 319H(g) of the Immigration Rules. "


I want to know what i do now ,do i need to apply both visa or only my daughter visa and i will apply my wife visa before her visa expire , I am very stressed about my daughter visa ,Please please can any guide me regards that.
Please give me answer for that i need your help . I thankful to you.

[manci]

There were three reasons for the refusal of your daughter's PBS dependant visa:

a) problematic birth certificate;
b) your wife's leave shorter than yours (but valid till July 2017#;
c) bank statement for maintenance not covering the full 90 days.

You agree that a) was a justified reason for the refusal. For this reason alone the administrative review will uphold the refusal.

IMHO the ECO's reason b) for the refusal was incorrect as 319H#f) only provides that
"both of the applicant’s parents must either be lawfully present in the UK, or .... ".
Both you and your wife have valid leave, you until August 20 and your wife until July 2017. I don't believe that it would have been necessary for your wife to apply to extend her leave in line with yours when you changed sponsor.

The AR will hopefully review all three reasons for the refusal. Post it on the forum when you get it.

[Irfanakhtar345]

I requested admin review but ECO maintain same refsual and mention first reason only .

"You applied for entry clearance to the United Kingdom under Tier 2 Child of the Points Based System. Your application failed to meet the qualifying criteria and was refused. Your request for Administrative Review was received by this office on xx/xx/2016
I have reviewed your application and I am satisfied that the decision to refuse you entry clearance was correct.
Your application as the dependent child of a points based migrant was refused, inter alia because you failed to provide evidence that you were born to the sponsor and his existing dependent spouse. In your grounds of Administrative Review you have accepted that in error a certificate of birth, which did not record the parents details was submitted. In view of this adnmission It is clear that the visa officer did not have access to evidence of your relationship to your sponsor. I am satisfied that the visa officer correctly refused your application under paragrapoh 319H9f) of the immigratiojn Rules. In view of this I have not considered the additional grounds for refusal mentioned in the decision notice.
The outcome of your Administrative Review application is to maintain the refusal and the Health Surcharge payment you made will now be refunded. This will happen automatically and the refund will be made to the card used to pay the Health Surcharge."