Child of Probationary Students Granted Visa

A visa application for a Chinese child to join her parents in Ireland was refused. The parents are Chinese nationals residing in Ireland on probationary student visas which entitle them to work full time. On the expiry of this visa, they will be entitled to apply for stamp 4 subject to certain conditions.

In this case, the child was born in Ireland and was brought back to China by the parents to stay temporarily with her grandparents, a common occurrence in Chinese society. In April, The High Court granted a couple and their 4 year old daughter leave to apply for a judicial review of a refusal to allow the child to return to the country from China. After the leave for judicial review was granted, the Department of Justice reversed their decision and the child now is reunited with her family in Ireland.

The 2004 probationary visa doesn’t allow the children to join the parents. However, the above case demonstrates that the Department of Justice is prepared to grant the visas in certain circumstances.