We need your help now
Support from readers like you keeps The Journal open.
You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.
If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.
Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
By continuing, you are indicating that you accept our Terms of Service and Privacy Policy.
THE MINISTER FOR Justice has reversed his decision to deny a three-year-old Irish-born girl entry into Ireland.
Jiayi will soon be reunited with her parents Meijiao Yu and Xiao Shao as the government says it will grant her a visa following a legal challenge.
Last week, the family were given the green light by the High Court to apply for a judicial review of the case.
Jiayi Shao was born on 8 May 2009 in Ireland. When she was four-months-old, her parents decided to send her to China to live with her paternal grandparents for a short time while they studied and worked. But when they sought a visa for her return – after they both secured permission to work full-time and obtained employment – their application was rejected.
Meijiao came to Ireland to study when she was 19. She was a legal resident through Stamp 2 (student residence permission) from 2003 until 2012 when she was granted an extension of her permission. This allowed her to work for 40 hours per week, without a study requirement. Similarly, her husband arrived in 2004 and was legally resident at all times as a student until he was granted the same permission and is now running his own business in the State.
Despite their legal status, the 2004 Student Probationary Extension permit does not allow for children to join their parents resident under this scheme and does not provide an exemption for children born in Ireland.
The couple have worked consistently, have not relied on social welfare, can support their daughter and pay their own health insurance.
The Immigrant Council of Ireland, which supported the legal steps taken by the family, are “delighted” with the outcome.
Chief executive Denise Charlton said, “This is a family which was devastated by a visa refusal which they feared would keep them apart for an indefinite period. We welcome the fact that common sense has prevailed and that this young family is to be reunited.”
Jiayi will turn four years old next week.
The Council noted that to get to this joyous point, the family were “put through such an ordeal and had to resort to the High Court”. These issues must be addressed, it says. The group has called for an independent appeals mechanism as it is understood this individual case does not set precedent.
The couple were unaware that sending their daughter to meet her grandparents would put an obstacle in the way of her return.
To embed this post, copy the code below on your site
For the love of Christ can we PLEASE sort our fkn laws out one and for all.
Common sense prevails at last!!!
This is great news. I wish this family the best and hope our country is good to them :)
Here is a couple who sent there irish born child back to there native country while they studied here and the government were refusing a child born in this country a visa, WHO in the fk up in that government office decided not to give an irish born child a visa back into this country , A FKN DISGRACE
What this article doesn’t highlight is the extortionate 4 and 5 figure fees that these Chinese students must pay to study here. They are far from leaching the system. They are contributing to it and offer the country a hell of a lot more than a lot of the so called Irish nationals themselves.
Shocking that we don t give citizenship to some kids born here. Must have been hugely traumatic on that family to be separated for so long.
Philip
Most countries don’t give citizenship to children unless the parents have immigrant status. Ireland grants the citizenship but not the residency rights? This couple have been living in Ireland for over nine years on students visas! What would they be studying over such a long period other than our immigration laws. If we open the floodgates our miserable economy would simply just get unimaginably worse….overnight. We have already had to deal with pregnant mothers at eight months gestation making last second flights here.
Perhaps they studied mutliple degrees and master degrees. He is running his own business afterall
Rick methinks you only read the parts of this article you wanted to. You seem to have skimmed over how these two people are working here legally and are making a valuable contribution to our society.
Rick you’re a disgrace with that attitude.
Irrelevant how long they studied / are studying for. They got visas to stay and work, that should include their offspring.
It’s amazing how Irish people are still hung up on immigration given the present generation emigration.
Pay their own bills which is more than some locals can say. Better a foreigner paying their dues than a local parasite. What good is patriotism if it just costs everyone else more
Like the common sense that made them send their baby half way around the world!! Madness!!
Thank f*** that! These are the sort people are what we need to get country up and running again, hard working tax paying credit to the community.
As an Irish person I am ashamed my country denied them there little girl for so long and as an Irish citizen I apologize to them.
They must have known the highcourt would rule against them so granted visa to save face
I’d say the opposite, they were probably afraid that the high court would rule in their favor and thereby set legal precedent for the lower courts. This decision by the minister for justice sidesteps that possibility.
Glad to see a family reunited, how does somebody get a student visa for nine years?
4 year degree, 1 year masters, 4 year PhD = 9 years.
Could be a mix of different degrees and masters or even a medical degree which takes many years.
Or they could just keep repeating I guess, my question is whether somebody is here to study and work to support that or are they here to work and use studying to support that.
The visa they are on allows them to work a full week with no study requirement. Basically it allows people to work and reside in this country, paying tax, but without being able to avail of the benefits of an actual work visa, which would have allowed them to have their daughter over here and in school as well as allowing them to apply for citizenship after they have been a resident for a certain number of years if they so desired.
So a student visa with no requirement to be a student
Well you have to start out as a student and I don’t think you could apply for this type of visa unless you graduate from an Irish university, and I’ve no idea if you can keep applying for them indefinitely.
Hopefully this hard-working, excellent young couple will soon apply for naturalisation as Irish citizens. Looks like they qualify by this time. If they do, let’s hope that the “system” treats them in a much fairer, more humane manner!
happy out wish them the very best in life . Theres a lot of irish over seas wish us well we needs as much help and good wishes people think we have great life when we emagrate its hard sometimes .but we know we have to keep going no matter wat failure is not an option . coming home is easy but we wont earn any money .ANy one that is at home never give up we want the best for you all ideas is what makes us keep going you are always neeed never give up us irish never give up
This is just crazy the child is Irish IMHO. I can’t believe they had any possible problem getting their Irish born child back into the country. For gods sake what kind of kip is this place that stops parents from being with their own child.
This should have been more prominent in the news too.
I’m glad it’s sorted at least.
have your say