Hi,

I was married in May 2009 to my Australian wife. She has sponsored my 820 visa which was lodged 2/7/2009 and was granted 24/8/2009.

I know that my visa will be reviewed by the government some time this year (about 22 months after submission), for the possibility of a PR visa (801). However, my wife does not want to have a baby for another year or two until my employment and financial situations become more favorable.

I heard that one granting criteria of the 801 visa after 2 years of 820 visa is to have a child in relationship. Would a childless relationship after 2 years, either by choice or simply not being able to conceive, jeopardize my chance of obtaining the 801 visa?

Thank you very much for your inputs!

No.

You need to provide evidence that your relationship is real and continuing - you don't need to provide evidence that you can impregnate your wife.

There is absolutely no requirement to have a child, either within two years or at any other point.
No idea where you got that from, very odd idea which you can dismiss entirely!

You don't have to have a child to get the 801 visa.

I think you've let yourself become completely confused ... in order to get an 801 immediately and skip the 820 visa, you need to have been together for 3 years normally (was 5 years when you applied), but this is reduced to 2 years if you have a child together.

Your dates don't make sense ... if you applied for 820/801 in July 2009, you should expect to hear from DIAC in May 2011.

If you want the 801 visa sooner, and you now have at least 3 years together, you could reapply for the visa which is legal, but you have to pay the application fee again. A lot of money to pay to accelerate the process by 6 months. But you can help yourself by making sure all the documentation is ready for the PR visa stage in mid-2011 and if DIAC don't contact you on time, contact them. They should always have your up to date address.

Thanks Pollyana and roaringmouse. Afterall I do not need to have a child to secure my PR.

JAJ: yes I have made a mistake there. The DIAC review should be May 2011 not this year.

I am a bit confused here JAJ. At this stage what would be the quickest pathway to the 801 PR visa given my 820 TR was granted August 2009 (lodged July 2009). Is the waiting period for the TR to PR transition long?