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
| Property | 491 visa holder |
|---|---|
| New dwelling, including off the plan | Allowed with approval or under a developer's certificate |
| Vacant residential land | Allowed with approval and a four-year build condition |
| Established home to live in | Banned from 1 April 2025 to 30 June 2029 |
| Established home as an investment | Banned 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:
| State | Duty surcharge on purchase | Land tax surcharge for a 491 holder living in Australia |
|---|---|---|
| New South Wales | 9%, as temporary visa holders are treated as foreign | 5%, as only citizens and permanent residents meeting a days test are not foreign |
| Victoria | 8% foreign purchaser additional duty | The State Revenue Office's absentee owner surcharge rules apply, so check its definitions |
| Queensland | 8% for anyone who is not a citizen or permanent resident | The 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.
Keep reading
- Can a 482 (Skills in Demand) visa holder buy property in Australia?
- Who counts as a foreign person for FIRB?
- Australia's ban on foreign buyers of established homes: dates, exceptions and what is still allowed
- Buying property with a citizen or resident partner: what changes for the foreign buyer
- How foreign buyer stamp duty is calculated: worked examples for NSW, Victoria and Queensland
- Can a foreign company or trust buy a house in Australia?
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
- Skilled Work Regional (Provisional) visa (subclass 491), Department of Home Affairs
- Guidance Note 2: Key Concepts, version 5, Treasury Foreign Investment website
- Guidance Note 6: Residential Land, version 5 (1 July 2026), Treasury Foreign Investment website
- Types of property a foreign person can buy, Australian Taxation Office
- Apply to buy residential property as a foreign person, Australian Taxation Office
- Foreign Acquisitions and Takeovers Regulation 2015, Federal Register of Legislation
- What is surcharge purchaser duty?, Revenue NSW
- What is surcharge land tax?, Revenue NSW
- Understanding foreign purchaser additional duty, State Revenue Office Victoria
- Assessing and calculating AFAD, Queensland Revenue Office
- Land tax for absentees, Queensland Revenue Office
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.