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
Quick answer
Yes. On the temporary stage (820 or 309) you are a foreign person for FIRB, but if you buy together with your Australian-citizen or permanent-resident spouse as joint tenants, you don’t need FIRB approval. NSW also treats 820 and 309 holders like permanent residents for surcharge purchaser duty once they meet its residence requirement.
First home concessions can apply through your partner, but the 5% Deposit Scheme isn’t available while either of you holds a temporary visa. Once the 801 or 100 is granted, you buy as a permanent resident.
| Visa status | Temporary first stage, then permanent |
|---|---|
| FIRB approval to buy a home | Needed |
| Established (existing) homes | Banned for foreign persons from 1 April 2025 to 30 June 2029 |
| New homes and vacant land | Can buy with FIRB approval (fee applies) |
| 5% Deposit Scheme | Not eligible |
| Help to Buy | Not 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).
| State | Foreign buyer duty surcharge | First home duty concession | First Home Owner Grant |
|---|---|---|---|
| NSW | 9% unless the 200-day test is met | Only with a citizen or PR co-buyer | Confirm |
| VIC | Yes, 8% | Only with a citizen or PR co-buyer | Only with a citizen or PR co-applicant ($10,000) |
| QLD | Yes, 8% | No | Only with a citizen or PR co-applicant ($30,000) |
| WA | Yes, 7% | Only with a citizen or PR co-buyer | Only with a citizen or PR co-applicant ($10,000) |
| SA | Confirm | Confirm | Confirm |
| TAS | Yes, 8% | No current scheme | Only with a citizen or PR co-applicant ($20,000) |
| ACT | No surcharge | Confirm | No grant (closed) |
| NT | No surcharge | House and land package exemption, with a citizen or PR co-buyer | Only with a citizen or PR co-applicant ($50,000) |
Once the permanent stage is granted you are a permanent resident, and this table applies instead.
| State | Foreign buyer duty surcharge | First home duty concession | First Home Owner Grant |
|---|---|---|---|
| NSW | 9% unless the 200-day test is met | Yes | Yes, $10,000, new homes |
| VIC | No | Yes | Yes, $10,000, new homes |
| QLD | No | Yes | Yes, $30,000, new homes |
| WA | No | Yes | Yes, $10,000, new homes |
| SA | Confirm | Confirm | Confirm |
| TAS | No | No current scheme | Yes, $20,000, new homes |
| ACT | No surcharge | Yes | No grant (closed) |
| NT | No surcharge | House and land package exemption only | Yes, $50,000, new homes |
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
Illustrative only
This is a made-up example to show how the rules combine. It is not a real client and the people in it do not exist.
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.
| Item | Together, as joint tenants | 820 holder buys alone |
|---|---|---|
| Purchase price | $780,000 | $780,000 |
| Transfer duty before any concession | $29,287 | $29,287 |
| First home duty concession | −$29,287 | Not 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 eligible | Not eligible |
- 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.
Related guides
- Home loans for permanent residentsAny permanent visa: no FIRB, full access to first home schemes, and the NSW 200-day rule explained.
- Home loans on a bridging visaBridging visas A, B, C and E: buying while a visa decision is pending, and what happens if PR comes after you sign.
- Home loans for 189 visa holdersSkilled Independent: permanent from day one, with the NSW 200-day rule to watch if you've just arrived.
- Home loans for New Zealand citizens in AustraliaSpecial Category visa (444): no FIRB, state residence tests, first home concessions and the open question on the 5% scheme.
Sources
Every rule on this page comes from these official pages. Dates show when we last checked each one.
- Partner visa (subclass 820)
- Guidance Note 2: Key concepts (version 5)
- Guidance Note 6: Residential land (version 5)
- Residential investment information
- Budget Paper No. 2, 2026-27
- More homes and a fair go for first home buyers
- Clamping down on foreign purchases of established homes
- Fees
- Partner visa (subclass 801)
- Partner (Provisional) visa (subclass 309)
- Partner (Migrant) visa (subclass 100)
- 5% Deposit Scheme information guide
- Help to Buy scheme
- Schedule of fees 2026-27 (version 8)
- General transfer duty rates 2026/2027 (incl. premium residential rate)
- General transfer duty rates 2026/2027 (incl. premium residential rate) (official calculator)
- First Home Buyers Assistance Scheme
- First Home Buyers Assistance Scheme (new or existing home)
- registration fees
- First Home Owner (New Homes) Grant
State and territory sources
Used for the state-by-state table.
- NSWSurcharge purchaser duty: individualsWhat is surcharge purchaser dutyRevenue NSW · Checked
- VICForeign purchaser additional dutyForeign purchaser additional duty: exemptions and rulesFirst home buyer duty exemption or concessionFirst Home Owner GrantForeign purchaser additional duty (FPAD) rateState Revenue Office Victoria · Checked
- QLDAdditional foreign acquirer duty: foreign personsAdditional foreign acquirer duty: assessingFirst home concessionFirst home owner grant: eligibilityQueensland Revenue Office · Checked
- WAForeign transfer duty fact sheetAbout foreign buyers dutyFirst home owner rate fact sheetFirst Home Owner Grant fact sheetForeign transfer duty rateFirst Home Owner Grant amountRevenueWA · Checked
- SAForeign ownership surcharge: foreign personForeign ownership surcharge FAQsFirst home buyer relief: eligible applicantsFirst Home Owner Grant: eligible applicantsForeign ownership surcharge rateFirst Home Owner Grant amountRevenueSA · Checked
- TASForeign investor duty surcharge: definition of foreignForeign investor duty surcharge: exemptionsFirst home buyers of established homes duty relief (ended)First Home Owner Grant: eligibilityForeign investor duty surcharge (FIDS) rateState Revenue Office Tasmania · Checked
- ACTDuties Act 1999 (ACT)Home Buyer Concession Scheme determination (DI2026-157)First Home Owner Grant (closed)Foreign purchaser duty surcharge rateACT Legislation Register, ACT Revenue Office · Checked
- NTStamp Duty Act 1978 (NT)First Home Owner Grant Act 2000 (NT)HomeGrown Territory Grant (First Home Owner Grant) amountNT Legislation, Northern Territory Government · Checked
This is general information only. It does not take into account your objectives, financial situation or needs, and it is not legal, tax or financial advice. Consider whether it is right for you before acting on it. All loans are subject to the lender’s eligibility criteria, terms and conditions, fees and charges. Important information.
We arrange home loans. We are not registered migration agents and nothing here is immigration advice. For questions about your visa, speak to a registered migration agent or the Department of Home Affairs.