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Mustang Mortgage

Visa and PR home loans

Home loans on a partner visa

Partner visas come in two stages: a temporary visa first (820 onshore or 309 offshore), then the permanent 801 or 100. Most of the home loan rules turn on two questions: which stage you are at, and whether you buy together with your Australian partner.

On this page
At a glance
Visa statusTemporary first stage, then permanent
FIRB approval to buy a homeNeeded
Established (existing) homesBanned for foreign persons from 1 April 2025 to 30 June 2029
New homes and vacant landCan buy with FIRB approval (fee applies)
5% Deposit SchemeNot eligible
Help to BuyNot eligible (Australian citizens only)

Checked against the Foreign Investment Review Board, Home Affairs and Housing Australia on 26 October 2026.

What lenders look at

A lender looks at a partner-visa application as a couple: two incomes, two credit files and two sets of documents. The temporary visa is usually the smaller issue when the other partner is a citizen or permanent resident.

  • Which stage you are at

    On the 820 or 309 you hold a temporary visa; on the 801 or 100 a permanent one. Lenders read the stage from VEVO, along with any bridging visa you hold while the 820 is processed.
  • The relationship

    Lenders assess joint applicants together. Your marriage certificate or relationship evidence helps explain shared finances and a joint deposit.
  • Your own income

    If the partner-visa holder works, lenders consider that income like any other. If you have only just started work after arriving, expect questions about probation.
  • Money from overseas

    Savings brought from overseas, or a gift from family there, need a paper trail into your Australian account.
  • Whose name is on the title

    Joint tenancy changes FIRB, duty and concession outcomes. Decide it with your conveyancer before you sign, not at settlement.
  • Debts in either name

    Both partners' debts count, including any overseas. A car loan in your home country is still a repayment the lender includes.

FIRB and the established-home ban

On the 820 or 309 you are a temporary resident, which makes you a foreign person for FIRB. The 801 and 100 are permanent visas, and permanent visa holders are exempt from FIRB approval.

The spouse exemption. A temporary resident buying as a joint tenant with an Australian-citizen, Australian permanent resident or eligible New Zealand citizen spouse doesn’t need FIRB approval. It applies to joint tenants only. Buying as tenants in common doesn’t qualify, even with equal shares.

The established-home ban. From 1 April 2025 to 30 June 2029, the ban applies to an 820 or 309 holder buying alone or as a tenant in common. Whether the spouse joint-tenant exemption also allows an established home during the ban is not stated in the FIRB guidance examples we checked. Confirm with FIRB, in writing, before signing for an established home on the temporary stage.

If the partner-visa holder buys alone, the usual temporary-resident rules apply: approval for a new dwelling or vacant land, with an application fee, and no established homes while the ban lasts.

Duty, concessions and grants in each state

The first table covers the temporary stage. NSW stands out: it treats 820 and 309 holders like permanent residents for surcharge purchaser duty, provided they meet its residence requirement (200 days in Australia in the previous 12 months, or 200 continuous days living in the property within 12 months of the contract).

While you hold the temporary partner visa (820 or 309)
StateForeign buyer duty surchargeFirst home duty concessionFirst Home Owner Grant
NSW9% unless the 200-day test is metOnly with a citizen or PR co-buyerConfirm
VICYes, 8%Only with a citizen or PR co-buyerOnly with a citizen or PR co-applicant ($10,000)
QLDYes, 8%NoOnly with a citizen or PR co-applicant ($30,000)
WAYes, 7%Only with a citizen or PR co-buyerOnly with a citizen or PR co-applicant ($10,000)
SAConfirmConfirmConfirm
TASYes, 8%No current schemeOnly with a citizen or PR co-applicant ($20,000)
ACTNo surchargeConfirmNo grant (closed)
NTNo surchargeHouse and land package exemption, with a citizen or PR co-buyerOnly with a citizen or PR co-applicant ($50,000)
Checked against each state and territory revenue office (or its legislation register) on 26 October 2026. Rates are a percentage of the dutiable value, on top of normal transfer duty. Grants are paid separately from duty and, in every state that has one, only for new homes. “Confirm” means we could not verify this on the official site, so we link it instead of stating it.

Once the permanent stage is granted you are a permanent resident, and this table applies instead.

After the 801 or 100 is granted (permanent)
StateForeign buyer duty surchargeFirst home duty concessionFirst Home Owner Grant
NSW9% unless the 200-day test is metYesYes, $10,000, new homes
VICNoYesYes, $10,000, new homes
QLDNoYesYes, $30,000, new homes
WANoYesYes, $10,000, new homes
SAConfirmConfirmConfirm
TASNoNo current schemeYes, $20,000, new homes
ACTNo surchargeYesNo grant (closed)
NTNo surchargeHouse and land package exemption onlyYes, $50,000, new homes
Checked against each state and territory revenue office (or its legislation register) on 26 October 2026. Rates are a percentage of the dutiable value, on top of normal transfer duty. Grants are paid separately from duty and, in every state that has one, only for new homes. “Confirm” means we could not verify this on the official site, so we link it instead of stating it.

Outside NSW, the surcharge generally applies to the temporary-visa partner’s share. A few states have spouse rules of their own. Victoria can exempt a foreign spouse buying a home with a non-foreign spouse if they live in it for 12 months, starting within 12 months of settlement. Tasmania exempts spouses holding equal shares where only one is foreign and the home is their principal place of residence. Western Australia charges foreign transfer duty on the 820 holder’s share, with joint tenants treated as equal shares. South Australia charges its surcharge to temporary visa holders even if they are married to an Australian.

For first home concessions, most states need at least one buyer to be a citizen or permanent resident, which your partner usually is. The temporary-visa partner’s share may still attract the surcharge where one applies.

Deposit and LMI

The 5% Deposit Scheme needs every applicant to be an Australian citizen or permanent resident. A couple where one partner holds an 820 or 309 doesn’t qualify, even if the 801 or 100 has been applied for. Once the permanent stage is granted, the scheme opens to you both if you meet its other criteria.

Some couples ask about the Australian partner buying alone with the scheme. That changes who owns the home, whose income the lender counts and how the scheme treats a partner. Talk to us and your conveyancer before choosing it, because it is hard to undo.

On a standard loan, lender policy for a couple with one temporary-visa borrower varies: some assess it much like a citizen couple, others are more cautious. LMI generally applies above 80% of the value. Help to Buy is for Australian citizens only, and every applicant must be one.

From the 820 to the 801 (or 309 to 100)

Partner visas are applied for together and granted in two stages: the 820 then the 801 onshore, or the 309 then the 100 offshore. Eligibility for the permanent stage is generally considered about two years after you applied.

When the 801 or 100 is granted:

  • You hold a permanent visa, so FIRB and the established-home ban no longer apply to you in your own right.
  • You move to the permanent-resident column in the state tables above.
  • The 5% Deposit Scheme becomes available to you as a couple, if you meet its other criteria.

While the 820 is being processed you may hold a bridging visa. For FIRB and the states that is still a temporary status: see the bridging visa guide.

Documents checklist

Partner-visa applications add relationship documents to the standard list, for both of you.

  • Passport
  • Visa grant notice
  • VEVO check showing visa conditions and expiry
  • Recent payslips
  • Employment contract or employer letter
  • Bank statements showing savings and deposit source
  • ATO notice of assessment or income statement
  • Marriage certificate or relationship evidence
  • Partner visa application acknowledgement (if on a bridging visa)

This list is common lender practice, not a government rule. Each lender sets its own requirements, so we send you a checklist for the lender we recommend.

If your partner is the citizen or permanent resident on the purchase, the lender asks for their passport or citizenship certificate as well.

Illustrative scenario: joint tenants or one name on the title

A married couple live in Sydney. One is an Australian citizen; the other holds an 820 partner visa, applied for onshore, and has lived here for two years. Neither has owned property. They want a new apartment for $780,000 from a developer without a FIRB exemption certificate.

The table compares buying together as joint tenants with the 820 holder buying alone. In both columns the 820 holder meets the NSW residence requirement, so NSW treats them like a permanent resident for surcharge purchaser duty.

$780,000 new home in New South Wales
ItemTogether, as joint tenants820 holder buys alone
Purchase price$780,000$780,000
Transfer duty before any concession$29,287$29,287
First home duty concession−$29,287Not available
Mortgage and transfer registration fees$365.46$365.46
FIRB application fee (new dwelling)Not needed$15,600
Government costs to budget for$365.46$45,252.46
Deposit (10%)$78,000$78,000
Loan before any LMI (90% LVR)$702,000$702,000
First Home Owner Grant (paid separately)Not eligibleNot eligible
Assumptions
  • Both are first home buyers and will live in the apartment.
  • Buying together as joint tenants with an Australian-citizen spouse means no FIRB approval is needed for the 820 holder.
  • Buying alone, the 820 holder is a foreign person for FIRB and needs approval for a new dwelling.
  • Duty, concessions and fees calculated from Revenue NSW rules checked on 26 October 2026.
  • FIRB fee from the 2026-27 Schedule of Fees, checked on 26 October 2026.
  • Excludes conveyancing, building and pest inspections, lender fees, LMI and moving costs.

Together, the couple qualify for the First Home Buyers Assistance Scheme through the citizen spouse, pay no transfer duty at this price and need no FIRB approval: government costs of $365. If the 820 holder bought alone, there would be no first home concession and a FIRB fee, for $45,252.

How the title is held matters as much as who is on it. The FIRB exemption is for joint tenants. Buying as tenants in common, even in equal shares, puts the 820 holder back in the foreign-person rules. The 5% Deposit Scheme isn’t available in either column, because one applicant holds a temporary visa.

Common mistakes

  • Tenants in common by default

    The FIRB spouse exemption is for joint tenants. Tell your conveyancer how you want to hold title before the contract is drafted.
  • Assuming the ban doesn't apply

    For an established home on the temporary stage, confirm the position with FIRB in writing first.
  • Applying for the 5% scheme early

    The scheme isn't available until both applicants are citizens or permanent residents.
  • Forgetting the other states' rules

    NSW's partner rule is not copied everywhere. Outside NSW, check the surcharge on the temporary-visa partner's share.

Questions about buying on a partner visa

Do I need FIRB approval to buy with my Australian partner on an 820?

Not if you are spouses buying together as joint tenants. A temporary resident buying as a joint tenant with an Australian-citizen, permanent-resident or eligible New Zealand citizen spouse is exempt. As tenants in common, or buying alone, you need approval.

Can we buy an established home while I'm on the 820?

The ban on foreign persons buying established dwellings (1 April 2025 to 30 June 2029) applies to an 820 holder buying alone or as a tenant in common. Whether the joint-tenant spouse exemption covers an established home during the ban isn't stated in the guidance we checked, so confirm with FIRB before signing.

Do I pay surcharge purchaser duty in NSW on an 820 or 309?

Not if you meet NSW's residence requirement: 200 days in Australia in the 12 months before the contract, or living in the property for 200 continuous days within 12 months of it. NSW treats partner-visa holders like permanent residents for the surcharge.

Can we get the NSW First Home Buyers Assistance Scheme?

Yes, if you both meet its conditions. At least one first home buyer must be an Australian citizen or permanent resident, which your partner can be.

Can we use the 5% Deposit Scheme?

Not while one of you holds a temporary visa, including an 820 or 309. It opens once the 801 or 100 is granted, if you meet the other criteria.

Talk through your visa and deposit with Sulav

Bring your visa grant notice and a rough idea of your savings. In 60 minutes we work out which lenders fit and what the purchase will really cost.

Sources

Every rule on this page comes from these official pages. Dates show when we last checked each one.

  1. Partner visa (subclass 820)Department of Home Affairs · Checked
  2. Guidance Note 2: Key concepts (version 5)Foreign Investment Review Board · Checked
  3. Guidance Note 6: Residential land (version 5)Foreign Investment Review Board · Checked
  4. Residential investment informationForeign Investment Review Board · Checked
  5. Budget Paper No. 2, 2026-27Australian Government, Budget 2026-27 · Checked
  6. More homes and a fair go for first home buyersThe Treasury (Treasurer's media release) · Checked
  7. Clamping down on foreign purchases of established homesThe Treasury (Treasurer's media release) · Checked
  8. FeesForeign Investment Review Board · Checked
  9. Partner visa (subclass 801)Department of Home Affairs · Checked
  10. Partner (Provisional) visa (subclass 309)Department of Home Affairs · Checked
  11. Partner (Migrant) visa (subclass 100)Department of Home Affairs · Checked
  12. 5% Deposit Scheme information guideHousing Australia · Checked
  13. Help to Buy schemeHousing Australia · Checked
  14. Schedule of fees 2026-27 (version 8)Foreign Investment Review Board · Checked
  15. General transfer duty rates 2026/2027 (incl. premium residential rate)Revenue NSW · Checked
  16. General transfer duty rates 2026/2027 (incl. premium residential rate) (official calculator)Revenue NSW · Checked
  17. First Home Buyers Assistance SchemeRevenue NSW · Checked
  18. First Home Buyers Assistance Scheme (new or existing home)Revenue NSW · Checked
  19. registration feesNSW Land Registry Services · Checked
  20. First Home Owner (New Homes) GrantRevenue NSW · Checked

State and territory sources

Used for the state-by-state table.