Who counts as a temporary resident
The Act defines a temporary resident as someone who:
- holds a temporary visa that allows them to stay in Australia for a continuous period of more than 12 months, whatever time is left on it; or
- is living in Australia, has applied for a permanent visa, and holds a bridging visa allowing them to stay until that application is decided.
No government source lists specific visa subclasses. The test is how long the visa allows you to stay. Treasury’s examples treat the holder of an 18-month research visa as a foreign person, and a holder of a nine-month student visa as a foreign non-resident, which also means a foreign person. Either way approval is needed.
Becoming a permanent resident
The approval requirement ends when you hold a permanent visa, because holders are exempt for residential land. Some states refund their surcharge if you stop being foreign within a set time or before the property transfers to you. Others do not. See below.
What you can and cannot buy
| Property | Temporary resident |
|---|---|
| New dwelling, including off the plan | Yes, with approval |
| Vacant land to build on | Yes, with approval and build conditions |
| Established home to live in | Banned 1 April 2025 to 30 June 2029 |
| Established home as an investment | Banned same period |
The ATO says the ban “includes temporary residents purchasing an established dwelling for use as a principal place of residence”. Retrospective approval for someone who has already bought an established home to live in will generally not be given.
Buying with a partner who is Australian
If you buy as joint tenants with a spouse who is an Australian citizen, a permanent resident or an eligible New Zealand citizen, you are exempt from needing approval. Buying as tenants in common does not qualify, and you would need approval for your share. State surcharges have their own rules for couples.
State surcharges
In every state that charges a foreign buyer surcharge, a temporary resident is foreign for that purpose, with some exceptions:
| State | How a temporary resident is treated | If you become a permanent resident |
|---|---|---|
| NSW | Foreign, including bridging visas. Exceptions: partner (309/820) and retirement (405/410) visa holders who meet the 200-day residence tests. | Yes — if you are no longer a foreign person by the date the property is transferred to you (for example, permanent residency granted before settlement). Apply within 5 years. |
| VIC | Foreign for the duty surcharge, including if you have applied for a visa that has not been granted. For the absentee owner surcharge, a temporary resident who ordinarily lives in Australia is not an absentee. | None stated. Status is fixed at settlement. |
| QLD | Foreign for AFAD. For contracts signed on or after 1 August 2026, temporary residents generally also lose the transfer duty home concessions, so they pay full duty plus 8% AFAD. For land tax, a temporary resident who usually lives in Australia is not an absentee. | No. Liability is fixed on the contract date; becoming a permanent resident before settlement does not remove it. |
| WA | Foreign, including partner (820) and bridging visas. | Yes — if you are no longer foreign when the property is transferred to you (for example, permanent residency granted during an off-the-plan build), apply for reassessment on Form FDA42. |
| SA | Foreign. | Yes — if you cease to be a foreign person within 12 months of buying. The reverse also applies: if you become foreign within 3 years, the surcharge is imposed retrospectively. |
| TAS | Foreign. | Yes — if you cease to be foreign within 6 months of the transaction. If you become foreign within 3 years, the duty is reassessed. |
| ACT | Not foreign if you are “ordinarily resident in Australia” on the ACT’s factors test (time in Australia, visa, family and work ties, assets); otherwise foreign. | Not applicable to duty. The ACT Revenue Office does not state a refund position for the land tax surcharge. |
Queensland: from 1 August 2026 temporary residents also lose the transfer duty home concessions. Always confirm with the state revenue office before you sign.
Getting a loan
Brokers report that most lenders cap temporary residents at about 80% of the property’s value, with some lenders going higher for strong files. Lenders mostly want Australian income and treat overseas income cautiously. Student visa holders usually need an Australian citizen or permanent resident as a co-borrower. Brokers also report that temporary residents are not eligible for the 5% First Home Guarantee. See our home loans guide.
Frequently asked questions
Can I buy property in Australia on a 482 or student visa?
You can buy a new home or vacant land with approval. You cannot buy an established home during the ban, which runs to 30 June 2029. Whether your visa counts as a “temporary residence” visa depends on whether it lets you stay more than 12 months in a row.
Can a temporary resident buy a house to live in?
Only a new house, or vacant land to build on. The old allowance to buy one established home as a residence was ended by the ban from 1 April 2025.
Do I need approval to buy if I am on a bridging visa?
Yes, if the bridging visa lets you stay until a permanent visa application is decided, you are a temporary resident and need approval.
What happens when I get permanent residency?
You no longer need approval to buy residential land. Some states refund their foreign buyer surcharge if you become a permanent resident within a set time or before the property transfers to you, but Queensland does not.
Can I use a first home grant or concession on a temporary visa?
First home grants and concessions are set by each state. For example, Queensland generally limits its transfer duty home concessions to citizens and permanent residents for contracts signed on or after 1 August 2026, with some exceptions such as specified foreign retirees. Check the revenue office in the state where you are buying.
Sources
- Treasury — Guidance Note 2: Key concepts (v5, 12 December 2025)
- Treasury — Guidance Note 6: Residential land (v5, 1 July 2026)
- ATO — Are you a foreign person buying property in Australia?
- ATO — Apply to buy residential property as a foreign person
- ATO — Banning foreign purchases of established dwellings
- Revenue NSW — Surcharge purchaser duty
- SRO Victoria — Foreign purchaser additional duty
- QRO — Additional foreign acquirer duty
- RevenueWA — Foreign buyers duty
- RevenueSA — Foreign ownership surcharge
- SRO Tasmania — Foreign investor duty surcharge
- ACT Revenue Office — Foreign ownership surcharge
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.