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Checked 5 October 2026

Can a 491 visa holder buy a house in Australia?

A holder of a Skilled Work Regional (Provisional) visa, subclass 491, is a foreign person for property purposes. As at October 2026 they need foreign investment approval before buying residential property, can buy a new dwelling or vacant land, and cannot buy an established home, even to live in, until the ban ends on 30 June 2029.

Home Affairs describes the 491 as a temporary visa. If a holder later gains a permanent visa, that removes the approval requirement, which makes timing the main question for 491 holders.

Holding a permanent visa at the time of acquisition removes the approval requirement for residential land. While the visa is still a 491, approval is needed and only new dwellings and vacant land are open.

Why a 491 holder counts as a temporary resident

Home Affairs describes the 491 as a temporary visa for skilled workers who want to live and work in regional Australia, and its page sets out the length of stay and conditions. Under section 4 of the Foreign Acquisitions and Takeovers Act 1975 and Treasury's key concepts note, a temporary resident is someone who holds a temporary visa allowing a continuous stay of more than 12 months, whatever time remains on it. A 491 holder whose visa allows such a stay is a temporary resident.

Family members who hold a visa tied to the main applicant's 491 are tested the same way, by whether their visa is temporary and allows a continuous stay of more than 12 months. On that test they are generally foreign persons too.

Visa conditions about where you live and work are set by Home Affairs. They sit outside the foreign investment rules, so a purchase that the foreign investment rules allow does not tell you whether it suits your visa. A migration agent or lawyer can advise on any link between the two.

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What a 491 holder can buy

Property491 visa holder
New dwelling, including off the planAllowed with approval or under a developer's certificate
Vacant residential landAllowed with approval and a four-year build condition
Established home to live inBanned from 1 April 2025 to 30 June 2029
Established home as an investmentBanned in the same period

The ATO says temporary residents can still apply to buy vacant land or new dwellings, and that the application window for an established dwelling as a principal place of residence closed after 31 March 2025. The established home ban guide explains the exceptions.

The permanent visa step

A 491 holder who is aiming for a permanent visa can check Home Affairs for the pathway, its requirements and how long the 491 must be held first.

Under the Regulation, a foreign person who holds a permanent visa at the time of acquisition is exempt from needing approval for residential land. So there are two states of affairs:

  • While on the 491, approval is needed, and new dwellings and vacant land are the options.
  • Once a permanent visa is held, no approval is needed for residential land, and the ban does not reach the buyer.

The word in the Regulation is "at the time of acquisition". How that applies to a contract signed before the permanent visa is granted but settling after it is a question for a lawyer, because the answer depends on when the acquisition is treated as taking place.

State rules on a change of status differ. Revenue NSW allows a refund of surcharge purchaser duty where the buyer is no longer a foreign person on the date the property is transferred to them. The Queensland Revenue Office says additional foreign acquirer duty continues to apply even if the buyer later becomes a citizen or permanent resident. Check the revenue office in the state concerned.

State duty and land tax for 491 holders

As read from the revenue offices in October 2026:

StateDuty surcharge on purchaseLand tax surcharge for a 491 holder living in Australia
New South Wales9%, as temporary visa holders are treated as foreign5%, as only citizens and permanent residents meeting a days test are not foreign
Victoria8% foreign purchaser additional dutyThe State Revenue Office's absentee owner surcharge rules apply, so check its definitions
Queensland8% for anyone who is not a citizen or permanent residentThe 3% surcharge applies only to people who do not usually live in Australia

The state surcharge pages cover each state in detail. A 491 holder who moves overseas for a period can move into a different land tax category in Queensland, because it looks at where the owner usually lives. Victoria has its own absentee owner surcharge tests.

Frequently asked questions

Can I buy a house to live in on a 491 visa?

Only a new house, an off-the-plan dwelling or vacant land to build on, and only with approval. An established house is banned for foreign persons until 30 June 2029, and the ATO says temporary residents can no longer apply to buy one as their home.

Does the regional requirement affect what I can buy?

The visa is for skilled workers who want to live and work in regional Australia, as Home Affairs describes it. Treasury's guidance lists the exceptions to the ban, and a regional location is not one of them. Where you may live under your visa is a question for Home Affairs or a migration agent.

Do I still need approval after I lodge my permanent visa application?

Yes, until a permanent visa is granted. A person living in Australia who has applied for a permanent visa and holds a bridging visa is a temporary resident under Treasury's definition, and still needs approval. See bridging visas and property.

What if my spouse is an Australian citizen?

Regulation 38(3) exempts a foreign person who buys as joint tenants with a spouse or de facto partner who is an Australian citizen, a permanent visa holder or a Special Category visa holder (or entitled to that visa). The Regulation mentions joint tenants only, so tenants in common do not qualify, and state surcharges can still apply to the foreign partner's share. See buying with a citizen or resident partner.

Sources

Checked 5 October 2026.

firbapproval.com.au is an independent guide. It is not affiliated with, endorsed by or connected to the Foreign Investment Review Board, the Australian Treasury or the Australian Taxation Office. We do not lodge or process applications. Applications are made to the ATO. General information only, not legal, tax, migration or financial advice.