Temporary Resident vs. Foreign Investor: Which FIRB Rules Apply to Your Visa?

Last Updated: November 2025

Are you on a 482 work visa, student visa, or partner visa wondering if you can buy property in Australia? The answer depends entirely on whether you're classified as a "temporary resident" or "foreign non-resident"—and the distinction matters enormously.

Temporary residents can buy one established dwelling to live in (though this is banned from April 2025 to March 2027). Foreign non-residents cannot buy established dwellings at all, except in very limited circumstances.

This comprehensive guide explains exactly which rules apply to your specific visa, what you can and cannot buy, and how to navigate FIRB requirements without costly mistakes.

Quick Answer: What Can I Buy on My Visa?

Visa Type	Classification	Can Buy Established?	Can Buy New?	Can Buy Vacant Land?
482/457 Work Visa	Temporary Resident	❌ No (banned Apr 2025)*	✅ Yes (unlimited)	✅ Yes
485 Graduate Visa	Temporary Resident	❌ No (banned Apr 2025)*	✅ Yes (unlimited)	✅ Yes
500 Student Visa	Temporary Resident	❌ No (banned Apr 2025)*	✅ Yes (unlimited)	✅ Yes
820/801 Partner Visa	Temporary Resident	❌ No (banned Apr 2025)*	✅ Yes (unlimited)	✅ Yes
491/494 Regional	Temporary Resident	❌ No (banned Apr 2025)*	✅ Yes (unlimited)	✅ Yes
188 Business Innovation	Temporary Resident	❌ No (banned Apr 2025)*	✅ Yes (unlimited)	✅ Yes
Bridging Visa (awaiting PR)	Temporary Resident	❌ No (banned Apr 2025)*	✅ Yes (unlimited)	✅ Yes
Tourist/Visitor Visa	Foreign Non-Resident	❌ No	✅ Yes (with approval)	✅ Yes (with approval)
No Visa (offshore)	Foreign Non-Resident	❌ No	✅ Yes (with approval)	✅ Yes (with approval)

*Before April 1, 2025, temporary residents could buy ONE established dwelling as a principal residence. This is now banned until March 31, 2027.

The Critical Distinction: Temporary Resident vs. Foreign Non-Resident

Who Is a Temporary Resident?

According to FIRB Guidance Note 6, you're a temporary resident if:

Option 1: You hold a temporary visa that permits you to remain in Australia for a continuous period of more than 12 months, regardless of how much time remains on your visa

Option 2: You:

Currently reside in Australia, AND
Have submitted an application for a permanent visa, AND
Hold a bridging visa that allows you to stay in Australia until your permanent visa application is finalized

Who Is a Foreign Non-Resident?

You're a foreign non-resident if:

You hold NO Australian visa
You hold a temporary visa valid for less than 12 months
You're overseas and not currently in Australia
You're on a tourist or visitor visa

Why Does This Matter?

The classification determines:

What property types you can purchase
How many properties you can buy
What conditions apply to your purchase
Whether you must sell when leaving Australia
FIRB application fees (same for both, but different rules)

Visa-by-Visa Breakdown: Your Specific Rights

482 Visa (Temporary Skill Shortage / Skills in Demand)

Classification: Temporary Resident Visa Duration: Initially up to 4 years FIRB Status: Require approval

What You CAN Buy:

✅ Unlimited new dwellings (new homes, off-the-plan apartments)

No restrictions on quantity
Can be for investment or personal use
Each purchase requires separate FIRB approval

✅ Vacant residential land

Must build within 4 years of FIRB approval
Submit completion evidence within 30 days

What You CANNOT Buy (April 2025 - March 2027):

❌ Established dwellings for personal residence

Temporary ban in effect from April 1, 2025
Previously could buy ONE established dwelling to live in
Ban subject to review and may be extended

Conditions & Requirements:

FIRB approval: Required for ALL purchases
Application fee: $42,300+ for established (if ban lifts), $14,100+ for new dwellings
Stamp duty surcharge: 7-9% depending on state (see State-by-State Foreign Buyer Stamp Duty Surcharges)
Exit requirement: N/A for new dwellings purchased for investment
Spousal exemption: If buying with Australian citizen/PR spouse as joint tenants, may avoid FIRB and surcharges

Real Example:

Sarah is on a 482 visa as a software engineer in Melbourne. She can buy an off-the-plan apartment for $600,000 as an investment property. She'll need:

FIRB approval: $14,100
VIC stamp duty: $32,000
VIC foreign buyer surcharge: $48,000
Total upfront costs: $94,100

If she buys with her Australian PR husband as joint tenants, she avoids FIRB and the $48,000 surcharge.

485 Visa (Temporary Graduate)

Classification: Temporary Resident Visa Duration: 18 months to 4 years (depends on qualification) FIRB Status: Require approval

What You CAN Buy:

✅ Unlimited new dwellings ✅ Vacant residential land (must build within 4 years)

What You CANNOT Buy:

❌ Established dwellings (banned April 2025 - March 2027)

Special Considerations:

Shorter visa duration means:

Banks may require larger deposits (20-30% vs. 10-20% for longer visas)
Some lenders won't approve loans if less than 12 months remain
Strategy: If planning to buy, do so early in your visa period OR wait until you transition to TSS/PR

Transition Tip:

Many 485 holders transition to 482 or apply for PR (189/190/491). If you're close to getting a longer visa or PR, waiting may save you $50,000+ in surcharges and FIRB fees.

500 Student Visa

Classification: Temporary Resident (if visa duration exceeds 12 months) Visa Duration: Course length + additional time FIRB Status: Require approval

What You CAN Buy:

✅ Unlimited new dwellings

Popular for international students whose parents want to invest
Can purchase for investment purposes

✅ Vacant residential land

Must complete construction within 4 years
Good option for long-term students (3-4 year degrees)

What You CANNOT Buy:

❌ Established dwellings (banned April 2025 - March 2027)

Financing Challenges for Student Visa Holders:

Student visas face the strictest lending criteria:

Most banks require Australian employment income
Some lenders require 30-40% deposits
Parental guarantee loans may be available

Workaround: Parents can purchase in their own name (as foreign non-residents) or jointly with student as tenants in common.

Real Example:

Jason is an international student from China on a 500 visa (3-year Bachelor's degree). His parents want to buy a $500,000 apartment in Sydney for him to live in while studying, then rent out afterward.

Options:

Parents buy as foreign non-residents: FIRB $14,100, stamp duty $74,000
Joint purchase (Jason 1%, parents 99%): Still face same costs as Jason is temporary resident
Wait until Jason gets 485 visa, then buy: Same costs but Jason has better loan prospects

820/801 Partner Visa

Classification: Temporary Resident (820 subclass) Visa Duration: 820 is temporary, 801 is permanent FIRB Status: Depends on which stage

Subclass 820 (Temporary Partner Visa):

Classification: Temporary Resident

What You CAN Buy:

✅ Unlimited new dwellings ✅ Vacant residential land

What You CANNOT Buy:

❌ Established dwellings (banned April 2025-March 2027)

Subclass 801 (Permanent Partner Visa):

Classification: NOT a foreign person (exempt from FIRB)

What You CAN Buy:

✅ Everything - no FIRB approval needed ✅ No stamp duty surcharges ✅ No restrictions

The Strategic Advantage: Buying with Your Australian Partner

If your partner is an Australian citizen or PR:

Buy as joint tenants (not tenants in common)
Avoid FIRB approval entirely
Avoid stamp duty surcharges (saving 7-9%)

Example savings on $700,000 property in NSW:

Without spousal exemption: $97,000 in surcharges + $42,300 FIRB = $139,300
With spousal exemption (joint tenants): $0

This is THE most valuable exemption for temporary residents.

Real Example:

Maria is on an 820 partner visa married to an Australian citizen. They want to buy a $800,000 house in Brisbane.

Option A: Maria buys alone

Cannot buy established (banned)
Can buy new: FIRB $42,300, QLD stamp duty + 8% surcharge = $97,000

Option B: Buy with husband as joint tenants

No FIRB required
No surcharge (saves $64,000)
Standard stamp duty only: $31,000
Total savings: $75,300

491/494 Regional Provisional Visas

Classification: Temporary Resident Visa Duration: 5 years (pathway to PR via 191) FIRB Status: Require approval

What You CAN Buy:

✅ Unlimited new dwellings (in any location, not just regional) ✅ Vacant residential land

What You CANNOT Buy:

❌ Established dwellings (banned April 2025-March 2027)

Regional Considerations:

Advantages:

5-year visa gives better loan approval prospects
Regional areas often have lower property prices
Can buy investment property in Sydney/Melbourne even if living regionally

Common Question: "Do I have to buy in a regional area?" Answer: No. Your visa requires you to live/work regionally, but FIRB doesn't restrict where you can buy property.

Strategy for 491/494 Holders:

Since you're on a 5-year pathway to PR (191 visa):

Build equity by buying regional new dwelling at lower price point
Wait for PR (after 3 years on 491/494)
Buy established property in major city after obtaining PR (no restrictions, no surcharges)

188 Business Innovation and Investment Visas

Classification: Temporary Resident Visa Duration: Varies by stream (typically 4-5 years) Pathway: To 888 permanent visa

What You CAN Buy:

✅ Unlimited new dwellings ✅ Vacant residential land ✅ Commercial property (separate rules, generally easier)

What You CANNOT Buy:

❌ Established dwellings (banned April 2025-March 2027)

Special Consideration for 888 Pathway:

Owning property in Australia can help meet 888 visa requirements:

Personal and business assets in Australia worth AUD $600,000+ (one of three criteria)
Property ownership demonstrates commitment to Australia
Can contribute to meeting asset thresholds

Strategy: Purchasing property early in your 188 visa can position you better for 888 application.

Bridging Visas (Awaiting PR Decision)

Classification: Temporary Resident FIRB Status: Require approval (same as temporary residents)

What You CAN Buy:

✅ Unlimited new dwellings ✅ Vacant residential land

What You CANNOT Buy:

❌ Established dwellings (banned April 2025-March 2027)

Critical Timing Question:

"Should I buy now on my bridging visa or wait for PR?"

Wait if:

PR decision expected within 3-6 months
You want to buy established property (banned for temporary residents)
Saving 7-9% surcharge is worth the wait
You're not in a rush

Buy now if:

PR decision timeline uncertain (12+ months)
Buying new/off-the-plan (surcharge still applies but can't avoid it by waiting)
Market conditions favorable
Have found ideal property

Refund Opportunity:

Some states (notably NSW) offer stamp duty surcharge refunds if you obtain PR within 12 months of purchase. Check state-specific rules.

Foreign Non-Residents: What Can You Buy?

If you're NOT a temporary resident (no visa, tourist visa, or short-term visa under 12 months), you're a foreign non-resident.

What You CAN Buy:

✅ New dwellings (with FIRB approval) ✅ Vacant residential land (with FIRB approval, must build within 4 years) ✅ Property for redevelopment (if increasing housing stock)

What You CANNOT Buy:

❌ Established dwellings for any purpose (except very limited exceptions) ❌ Established dwellings for investment ❌ Holiday homes (established)

Exceptions for Foreign Non-Residents:

Corporate Housing: Foreign companies can buy established dwellings to house Australian-based staff (strict conditions apply)

Redevelopment: Can buy established property if:

Genuinely increasing Australia's housing stock
Demolishing existing dwelling
Building multiple new dwellings
Meeting development timelines

The April 2025 Established Dwelling Ban: What Changed?

What Happened:

On April 1, 2025, the Australian Government implemented a temporary 2-year ban on foreign purchases of established dwellings, running until March 31, 2027.

Who It Affects:

❌ Temporary residents (previously could buy ONE established dwelling to live in)
❌ Foreign non-residents (already couldn't buy established, now explicitly banned)

Limited Exceptions:

The ban does NOT apply to:

Build-to-Rent projects (20+ dwellings, specific criteria)
Major redevelopment (creating 20+ new dwellings)
Commercial-scale housing projects

What This Means for You:

Before April 1, 2025:

482 visa holder could buy one $700,000 established house to live in
Pay FIRB $42,300 + stamp duty surcharges

After April 1, 2025:

Same 482 visa holder cannot buy that established house
Must buy new/off-the-plan or vacant land
OR wait until obtaining PR

Strategy Implications:

If you're on a temporary visa and wanted to buy established:

Accelerate PR application if eligible
Consider new construction instead
Buy with Australian spouse as joint tenants (may qualify for exemption - check current rules)
Wait until March 2027 (or later if ban extended)

Buying with an Australian Citizen or PR: The Ultimate Exemption

This is the single most valuable strategy for temporary residents.

The Joint Tenants Exemption:

If you purchase residential property with someone who is:

An Australian citizen, OR
An Australian permanent resident, OR
A New Zealand citizen with special category visa (subclass 444)

...AND you structure the purchase as joint tenants (NOT tenants in common), you may be eligible for:

✅ FIRB exemption (no application needed) ✅ Stamp duty surcharge exemption (save 7-9%) ✅ Can buy established dwellings (even during 2025-2027 ban in some states - verify current rules)

Joint Tenants vs. Tenants in Common:

Joint Tenants:

Equal ownership (50/50)
Right of survivorship (property goes to survivor if one dies)
Qualifies for exemption

Tenants in Common:

Can own unequal shares (e.g., 70/30)
Can will your share to someone else
Does NOT qualify for exemption - surcharge applies to foreign person's share

Requirements:

Must be in a spousal relationship (married or de facto) - doesn't apply to:

Business partners
Friends
Siblings
Parents/children

Real Calculation:

$900,000 property in Victoria

Temporary Resident Alone	With Australian Spouse (Joint Tenants)
Standard stamp duty	$49,000
Foreign buyer surcharge (8%)	$72,000
FIRB application fee	$42,300
TOTAL	$163,300
SAVINGS	$114,300

Step-by-Step: Buying Property as a Temporary Resident

Step 1: Determine Your Eligibility

✅ Confirm your visa is valid for 12+ months continuous stay
✅ Verify you're classified as "temporary resident"
✅ Identify what property types you can buy
✅ Check if spousal exemption applies

Step 2: Understand Your Total Costs

Use the PropertyCosts.com.au calculator to calculate:

FIRB application fees
Standard stamp duty
Foreign buyer surcharge (state-specific)
Potential annual land tax surcharge
Potential vacancy fees

Step 3: Secure Finance (If Needed)

Typical loan-to-value ratios:

482/491/494 visas: 70-80% LVR
485 visa: 70-80% LVR (some lenders require more than 12 months remaining)
Student visas: 60-70% LVR (strict)

Documents needed:

Valid visa grant letter
Employment contract (for work visas)
Payslips (usually 3-6 months)
Tax returns
Bank statements
Proof of deposit funds

Specialist brokers recommended - not all lenders accept temporary residents.

Step 4: Apply for FIRB Approval

When to apply:

Before signing contract (safest)
OR make contract "subject to FIRB approval"

Application method:

Online via ATO FIRB portal
Each property requires separate application

Processing time:

Standard: 30 days
Expedited: 10 days (additional fee)
Complex: Up to 90 days

Step 5: Pay Application Fee

Fee structure (2024-25):

Up to $1M: $14,100 (new dwelling) or $42,300 (established, if ban lifts)
$1M-$2M: $28,200 (new) or $84,600 (established)
Higher property values: Progressively higher fees

Payment: Must be paid in full before assessment begins.

Step 6: Receive Approval

If approved:

You'll receive a "no objection notification"
Valid for 12 months
Must complete purchase within this timeframe
Conditions will be specified (e.g., build timeline for vacant land)

If rejected:

Fee is non-refundable
Can reapply with different property
Seek professional advice

Step 7: Complete Purchase

Sign contract
Pay deposit
Arrange settlement
Pay stamp duty (within 30 days in most states)

Step 8: Comply with Conditions

New dwelling: No ongoing conditions

Vacant land:

Complete construction within 4 years
Submit completion evidence within 30 days

Established dwelling (if ban lifts):

Must occupy as principal residence
Sell within 3 months of leaving Australia

Step 9: Register Ownership

Common Mistakes & How to Avoid Them

Mistake #1: Buying Without FIRB Approval

Consequence: Fines up to $3.3M, forced sale, criminal prosecution Solution: ALWAYS get approval before purchasing or make contract conditional

Mistake #2: Assuming You Don't Need FIRB Because You Live in Australia

Reality: Your visa status matters, not your physical location Solution: Check your visa classification, not residency status

Mistake #3: Buying as Tenants in Common Instead of Joint Tenants

Consequence: Lose spousal exemption, pay full surcharges Solution: If buying with Australian spouse, structure as joint tenants

Mistake #4: Not Disclosing Visa Status to Conveyancer

Consequence: Penalties, delays, contract issues Solution: Tell your conveyancer/lawyer about your visa status immediately

Mistake #5: Buying Established Property on Temporary Visa (Post-April 2025)

Consequence: Contract void, FIRB rejection, lost deposit Solution: Only buy new dwellings or vacant land until ban lifts

Mistake #6: Forgetting to Sell When Leaving Australia

Consequence: Penalties, forced sale, potential legal action Solution: Set reminders for 3 months before visa expiry

Mistake #7: Not Budgeting for Surcharges

Consequence: Financial strain, deal falls through Solution: Use calculator to get complete cost breakdown upfront

Mistake #8: Buying Too Close to Visa Expiry

Consequence: Lenders reject application, must sell quickly Solution: Buy early in visa period or ensure transitioning to PR/longer visa

FAQs: Your Questions Answered

Q: I'm on a 482 visa. Can I buy an investment property?

A: Yes! You can buy unlimited new dwellings or vacant land for investment. You cannot buy established dwellings (banned April 2025-March 2027).

Q: What's the difference between a new dwelling and an established dwelling?

New dwelling: Never been lived in OR not occupied for more than 12 months total
Established dwelling: Has been occupied, on the secondary market

Q: Can I rent out a new dwelling I purchase?

A: Yes! Temporary residents can buy new dwellings for investment purposes and rent them out.

Q: I'm on a student visa. Can my parents buy a property for me?

A: Yes, but they're classified as foreign non-residents (not temporary residents) and can only buy new dwellings or vacant land. They'll face the same FIRB fees and surcharges.

Q: What happens to my property if I leave Australia?

New dwelling: Can keep it as an investment (no requirement to sell)
Established dwelling (if bought before April 2025): Must sell within 3 months of leaving Australia

Q: Can I buy property with my girlfriend who is an Australian citizen?

A: Only if you're in a genuine de facto relationship (usually requires 12+ months of living together). Otherwise, the spousal exemption doesn't apply.

Q: What if I'm applying for PR but don't have it yet?

A: You're still classified as a temporary resident until PR is granted. However, some states offer refunds if you obtain PR within 12 months of purchase.

Q: Do the rules change if I buy in the Northern Territory?

A: The property types you can buy don't change, but NT has no stamp duty surcharge, saving you significantly on upfront costs.

Q: Can I get a mortgage on a temporary visa?

A: Yes, but you'll typically need a larger deposit (20-30%) and meet stricter criteria. Work with a specialist broker who understands temporary visa lending.

Q: How long does FIRB approval take?

A: Standard processing is 30 days, but can be faster or slower depending on complexity. Plan ahead and don't sign unconditional contracts without approval.

Q: Is the FIRB fee refundable if my application is rejected?

A: No. FIRB fees are non-refundable regardless of the outcome.

Decision Framework: Should You Buy Now or Wait?

Buy Now (on Temporary Visa) If:

✅ You're buying new dwelling/vacant land (no advantage to waiting) ✅ You have 5+ years on current visa ✅ PR timeline is uncertain (18+ months away) ✅ You're buying with Australian spouse as joint tenants ✅ Market conditions are favorable ✅ You have secure employment and can get loan approval ✅ You're comfortable with the surcharges and restrictions

Wait for PR If:

⏸️ PR decision expected within 6-12 months ⏸️ You want to buy established property (currently banned for temporary residents) ⏸️ You'd save significant money on surcharges (7-9% of property value) ⏸️ You're not buying with exempt spouse ⏸️ Property market is cooling (no urgency) ⏸️ You're on a short visa (12-24 months remaining) ⏸️ Your deposit is borderline for temporary resident loan approval

Calculate Your Personal Breakpoint:

Example: $700,000 property in NSW

Surcharge if buying now: $63,000
FIRB fee: $14,100 (new) or $42,300 (established)
Total extra cost as temporary resident: $77,100 to $105,300

If you wait 12 months for PR:

Surcharge saved: $63,000 to $105,300
But: Property may appreciate 3-5% = $21,000 to $35,000
Net savings by waiting: $42,000 to $70,000

Use our calculator to run your own numbers.

The Bottom Line

Your visa type determines everything about buying property in Australia:

Temporary Residents (482, 485, 500, 820, 491, 494, 188, bridging visas):

✅ Can buy unlimited new dwellings and vacant land
❌ Cannot buy established dwellings (April 2025-March 2027 ban)
💰 Face 7-9% stamp duty surcharges unless buying with exempt spouse
💰 Pay FIRB fees ($14,100 to $42,300+)
⚠️ May need to sell if leaving Australia (established dwellings only)

Foreign Non-Residents (no visa, tourist visa, short-term visas):

✅ Can buy new dwellings and vacant land (with approval)
❌ Cannot buy established dwellings (except very limited exceptions)
💰 Face same surcharges and FIRB fees

The Spousal Exemption (buying with Australian citizen/PR as joint tenants):

💎 Saves $50,000 to $150,000+ in surcharges and FIRB fees
💎 Most valuable strategy for temporary residents

Before making any decisions, use our comprehensive calculator to understand your complete costs including:

FIRB fees specific to your property value
State-specific stamp duty and surcharges
Potential annual land tax surcharges
Total 10-year cost projections

Ready to calculate your exact costs? Get your instant breakdown here.

Additional Resources

Disclaimer: This article provides general information only and should not be relied upon as legal, immigration, or financial advice. Visa classifications and FIRB rules are subject to change. Always verify your visa status with the Department of Home Affairs and seek professional advice specific to your circumstances before making property investment decisions.

Last updated: November 28, 2025. FIRB rules and visa classifications current as of this date.