Buying a home as a temporary visa holder (FIRB) — approval, fees, the 2025–27 restriction and the vacancy fee

Buying a home as a temporary visa holder (FIRB) — approval process, fees and vacancy fee returns

Temporary visa holders without citizenship or permanent residency need prior FIRB approval to buy a home in Australia. This guide covers the application process and fees, the 2025–27 restriction on buying established dwellings, and the annual vacancy fee return obligation — all based on official sources.

What FIRB approval is — and who needs it

A 'foreign person' — anyone who is not an Australian citizen or a permanent resident ordinarily resident in Australia — must obtain prior government approval before acquiring Australian residential property. The review body overseeing this regime is the FIRB (Foreign Investment Review Board), while the actual receipt, assessment and administration of residential property applications (including fees and the vacancy fee) is handled by the Australian Taxation Office (ATO). The core principle is 'approval before contract'. Acquiring without approval can expose you to forced-sale orders and penalties.

Temporary residents versus other foreign persons

Under the rules, a temporary resident is generally someone who holds a temporary visa allowing a stay of more than 12 months (such as a student or work visa), or who is in Australia on a bridging visa while a permanent residency application is pending. Other foreign non-residents living overseas face stricter rules. There is also an exemption where you acquire the property together with a spouse who is an Australian citizen or permanent resident as joint tenants, but conditions apply to the form of ownership and the relationship, so official confirmation is essential. If your visa period is around the 12-month mark — as with working holiday visas — your classification may differ, so check official guidance before applying.

Application process and fees — applying online with the ATO

FIRB applications for residential property are made through the ATO's Online services for foreign investors. The sequence is: lodge the application → pay the fee → assessment → receive a no objection notification setting out conditions. The statutory assessment period runs from when the fee is paid and can be extended in some cases, so it is safest to apply with plenty of lead time before your purchase timeline.

Application fees — by price tier, indexed every 1 July

Application fees are set in tiers by purchase price — even the lowest tier runs to several thousand Australian dollars, and they rise steeply as the price increases. Fees are adjusted through indexation every 1 July, and fees relating to established dwellings, along with vacancy fees, have risen sharply in recent years. Rather than memorising specific figures, the accurate approach is to check the official fee schedule (foreigninvestment.gov.au) for the financial year in which you apply.

Check the application pathway: applying for a specific, identified property is the default, but there is also an exemption certificate pathway allowing the purchase of one dwelling within a set period — confirm the conditions through official guidance.
Pay the fee upfront: assessment does not begin until the fee is paid. Check the amount for your price tier in advance, and apply carefully, bearing in mind that fees are generally non-refundable.
Check the conditions on your approval: most approvals are conditional. Owner-occupation requirements, construction completion deadlines, and obligations to sell when your visa expires or you leave Australia are governed by what is written in your own approval (the no objection notification).

The most common trap is signing an unconditional contract before approval. If approval is refused, you cannot complete the contract and are exposed to default risks such as losing your deposit. Follow standard practice and include a 'subject to FIRB approval' clause in the contract so it can be terminated if approval falls through.

The 2025–27 established dwelling restriction — what is possible now

This is the most important current information. From 1 April 2025 to 31 March 2027, foreign persons — including temporary visa holders — are in principle banned from purchasing established dwellings. Exceptions are extremely limited, such as purchases that add to housing supply. This period may be extended or changed early under government policy, so you must re-check the restriction status on the official website at the time you are considering a contract. Enforcement against breaches is also being stepped up over the same period.

Established dwellings: purchases are in principle banned from 2025-04-01 to 2027-03-31. Rely only on official guidance to determine whether you fall within the very limited exceptions.
New dwellings: newly built and off-the-plan properties sold for the first time by a developer can still be purchased with FIRB approval.
Vacant land: can be approved on the condition that residential construction is completed within a set deadline. The deadline is stated in your approval.

The period, scope and exceptions of the restriction can change even after being announced. This guide only explains how the system is structured — checking the latest notices on foreigninvestment.gov.au immediately before a purchase decision is essential.

Four scenarios by property type

A temporary visa holder's options come down to four scenarios, depending on the property type and your circumstances. Whether approval is needed and what conditions are imposed differ for each type.

New dwelling

The main type you can buy with FIRB approval, including off-the-plan. Where the developer holds an exemption certificate, individual applications may be waived for that development, so check before signing. Conditions such as rental restrictions tend to be lighter than for established dwellings, but always confirm against your approval.

Vacant land

Approved on the condition that you build a residential dwelling. Construction must be completed within the deadline stated in your approval — leaving the land idle without starting is a breach of conditions. First check that your building plan and financing timeline are realistic.

Established dwelling

The type whose purchase is in principle banned from April 2025 to March 2027. Previously, temporary residents could acquire one established dwelling to live in, subject to conditions such as no renting and selling when leaving Australia. Check official announcements for whether and on what terms purchases resume after the restriction ends.

Buying after permanent residency

Once you obtain permanent residency and become ordinarily resident, FIRB approval is no longer needed and first home buyer support pathways open up (see the first home buyer guide). Waiting, rather than overstretching during your temporary visa period, is also an option worth weighing neutrally.

The vacancy fee and the annual return obligation

Foreign owners who acquire residential property under the FIRB framework are subject to the vacancy fee and an annual return obligation. Many owners miss the return because they assume 'I actually live there, so it doesn't apply to me' — the key point is that the return itself is an annual obligation regardless of occupancy.

The 183-day test: a vacancy fee applies if, in the vacancy year, the property was not residentially occupied or rented out (or genuinely available for rent) for at least 183 days. Only rentals in blocks of 30 days or more count, so short-stay letting may not satisfy the requirement — check the details with official ATO guidance.
Annual return obligation: even if you lived there for 183 days or more and the vacancy fee payable is zero, the vacancy fee return must still be lodged every year. Lodging and paying are separate obligations.
When to lodge: within 30 days after the end of each vacancy year (the 12-month period based on the day you first had the right to occupy the property), lodged online with the ATO. It falls at the same time every year, so set it up as a recurring calendar reminder.
Penalties for not lodging: failing to lodge on time can attract penalties, and you may be treated as liable for the vacancy fee regardless of whether you actually lived there.
Register obligation: you must also register acquisitions and disposals on the Register of Foreign Ownership of Australian Assets within the deadline. This is done through ATO online services — check the detailed requirements through official guidance.

Cautions and five common mistakes

FIRB mistakes are costly. Acquiring without approval or breaching conditions can lead to disposal orders (forced sale) and civil and criminal penalties, and missed returns create unnecessary charges. Here are five mistakes that come up again and again.

Signing an unconditional contract before approval — contracting without a 'subject to FIRB approval' clause exposes you to default risk if approval is refused. Completing an acquisition without approval can make you subject to disposal orders and penalties.
Missing the vacancy fee return — skipping the return entirely because 'I live there, so there's nothing to pay'. The return is an annual obligation, and missing it can lead to penalties and a vacancy fee liability.
Breaching approval conditions — owner-occupation requirements, no-renting conditions, obligations to sell on visa expiry or departure, and vacant land construction deadlines are all governed by what is written in your approval. Keep your approval document and track the deadline for each condition.
Leaving state duty surcharges out of the budget — most states impose a foreign purchaser duty surcharge and a land tax surcharge. Rates and criteria differ by state, so calculate the total cost in advance using the relevant state revenue office's guidance and a registered tax agent.
Proceeding without checking finance and your visa — home loan conditions for foreign nationals and temporary visa holders need separate confirmation (see the banking and mortgage guide), and for judgments about your own visa situation, such as clashes between your visa expiry date and your approval conditions, consult an OMARA registered migration agent.

Useful official links

Frequently Asked Questions

I'm on a student or work visa — can I buy a home in Australia right now?▾

It depends on the property type. New dwellings and vacant land with a construction condition can be purchased with FIRB approval. Established dwellings, however, are in principle off-limits to foreign persons — including temporary visa holders — from 1 April 2025 to 31 March 2027 (with only very limited exceptions). This restriction period may be extended or changed by government policy, so check the current status on foreigninvestment.gov.au before signing a contract.

What happens if I buy a new off-the-plan apartment?▾

Off-the-plan apartments are usually classified as new dwellings and are eligible for approval. In addition, where a developer holds a New Dwelling Exemption Certificate from the government, buyers in that development may not need to lodge an individual FIRB application. Whether and how this applies varies by development, so check with the developer before signing whether it holds a certificate, and verify against official guidance. Even where an exemption applies, owner obligations such as post-acquisition registration and vacancy fee returns still remain.

How much is the FIRB application fee?▾

Application fees are set by purchase price tier and adjusted through indexation every 1 July. Even the lowest tier runs to several thousand Australian dollars, and fees rise sharply as the price goes up. Fees paid are generally non-refundable, so it is important to confirm whether you need approval and the property type before applying. Check the official fee schedule on foreigninvestment.gov.au for the exact amount for the financial year in which you apply.

Do I need approval if I buy jointly with my spouse who is an Australian citizen?▾

There is an exemption from FIRB approval where you acquire the property together with a spouse who is an Australian citizen or permanent resident as joint tenants. However, conditions apply — the form of ownership matters (joint tenants and tenants in common are legally different) and the spousal relationship must meet the requirements — so always confirm whether it applies to your case through official guidance and your conveyancer or solicitor.

What happens if I sign a contract first without FIRB approval?▾

Acquiring property without approval can have serious legal consequences. The government can order a forced sale through a disposal order, and you may face civil penalties and criminal prosecution. ATO enforcement against breaches has been tightening in recent years. In practice, it is standard to include a 'subject to FIRB approval' clause in the contract of sale so the contract can be terminated if approval falls through — always check for this clause before signing.

Do I still have to lodge a vacancy fee return even if I actually live in the home?▾

Yes — lodging the vacancy fee return is an annual obligation regardless of occupancy. If you lived in the property, or kept it genuinely available for rent, for at least 183 days in the year, no vacancy fee is payable, but the return must still be lodged with the ATO by the deadline every year. Failing to lodge can attract penalties, and you may be treated as liable for the vacancy fee even if you actually lived there. The return is due within 30 days after the end of each vacancy year.

What changes once I get permanent residency?▾

Once you obtain permanent residency and ordinarily reside in Australia, you no longer need FIRB approval for subsequent home purchases, and first home buyer support pathways such as the First Home Owner Grant open up (see the first home buyer guide for details). Rather than rushing while on a temporary visa under high fees and restrictions, deferring the purchase until after permanent residency is also a perfectly reasonable option. Which is right depends on your personal circumstances, so compare the two neutrally.