Buy Property with Foreign Spouse on a Temporary Visa in Victoria — AY Conveyancing | Fixed-Price Conveyancing Melbourne | Reliable

01 May 2026 Written by Lawrence Liang

Can My Spouse on a Temporary Visa Buy Property with Me in Victoria? Your Questions Answered (2026)

You've found a home you love in Victoria. You're ready to buy. But one of you is an Australian citizen or permanent resident, and the other is still on a temporary visa — and suddenly the questions start piling up.

Do you need FIRB approval? Will you pay the additional 8% foreign stamp duty in Victoria? Can you still buy an established property after the April 2025 ban? And what about the first home buyer stamp duty exemption — does that still apply to you?

The good news is buying property in Victoria with a foreign spouse on a temporary visa is possible — but the ownership structure you choose, and the steps you take before signing any contract, make all the difference. Get it right and you may qualify for multiple exemptions. Get it wrong — as the landmark Victorian case of Sim v Commissioner of State Revenue [2025] VCAT 349 showed — and you may face a significant and unexpected tax liability.

This article answers the six most common questions we hear from couples in exactly your situation:

Can My Spouse and I Buy Property Together in Victoria If They Are on a Temporary Visa?

The short answer: yes — if the ownership structure is set up correctly.

In Victoria, a couple where one partner is an Australian citizen, permanent resident, or eligible New Zealand citizen (holder of a Special Category Vica), and the other is a foreign person on a temporary visa (such as a Partner visa subclass 820, a Temporary Skill Shortage visa, or another temporary resident visa), can purchase property together — provided the property is held jointly, not as tenants in common.

Why does this matter so much?

The 2025 Victorian Civil and Administrative Tribunal decision in Sim v Commissioner of State Revenue [2025] VCAT 349 is a stark real-world warning. In that case, Ms Sim was on a Partner (Temporary) visa, and she purchased a property in Alphington in her sole name, even though her Australian citizen husband funded most of the purchase price. VCAT upheld the Commissioner's reassessment imposing foreign purchaser additional duty on the full purchase price. The fact that her Australian spouse provided the money was irrelevant. The title structure was everything.

A note for couples involving a New Zealand citizen on a Special Category (subclass 444) visa:

The State Taxation Acts (Further Amendment) Act 2025 came into effect on 26 November 2025, which have introduced additional requirements for NZ citizens. Please read the sections below for more details, and always consult your conveyancer before signing a contract.

Do We Need FIRB Approval?

‍If the property is purchased jointly as joint tenants with your Australian citizen, permanent resident, or eligible NZ citizen spouse — you may be eligible for a FIRB exemption.‍ ‍

Under the Foreign Acquisitions and Takeovers Act 1975 (Cth), a foreign person on a temporary visa ordinarily requires Foreign Investment Review Board (FIRB) approval before acquiring an interest in Australian residential real estate. Without approval, the consequences can be severe — including forced divestiture of the property and significant financial penalties.

‍However, there is a spousal exemption available where: ‍

The property is acquired jointly (not tenants in common)
(Foreign Acquisitions And Takeovers Regulation 2015 subsection 38 (3)) At the time of acquisition, the purchaser is the spouse or de facto partner (within the meaning of the Acts Interpretation Act 1901) of:
- an Australian citizen; or
- a‍ holder of Australian permanent visa (within the meaning of the Migration Act 1958); or
- a holderof a special category visa (within the meaning of the Migration Act 1958)
The purchasers are in a genuine spousal or de facto relationship (note: this exemption does not extend to other family relationships such as parent and child, siblings, or business partners)

If these conditions are met, the foreign spouse purchasing as a joint tenant alongside their Australian citizen or PR spouse is exempt from the FIRB approval requirement for that purchase.‍ ‍

Important: This exemption does not apply if the property is purchased as tenants in common — even if the foreign spouse holds only a minor share of the property. Any tenants in common structure will require a FIRB application for the foreign spouse's interest.

If your situation involves any structure other than joint tenants with a qualifying spouse, speak to your conveyancer before signing any contract. A FIRB application, where required, should be reflected as a special condition in the contract to protect you if approval is not granted before unconditional contract.

Can We Still Buy an Established Property after the April 2025 Ban?

Yes — if your ownership structure qualifies for the exemption.

From 1 April 2025 to 31 March 2027, the Australian Government introduced a ban prohibiting foreign persons — including temporary residents — from purchasing established dwellings in Australia. This ban was introduced to ease pressure on Australia's housing market.

However, an exemption exists for couples purchasing jointly as joint tenants where one spouse is an Australian citizen, permanent resident, or eligible NZ citizen. In this structure, the purchase is not treated as a prohibited acquisition by a foreign person, and the couple may proceed to purchase an established property in Victoria.

Temporary residents purchasing alone are not exempt. If your foreign spouse were to purchase the property in their sole name, the temporary ban would apply and the purchase of an established dwelling would not be permitted. This is yet another reason why the ownership structure matters enormously in your situation.‍ ‍

Do We Have to Pay the 8% Foreign Purchaser Additional Duty in Victoria?

‍If the property is purchased jointly as joint tenants and will be your principal place of residence, you may be eligible to apply for an exemption from foreign purchaser additional duty (FPAD).‍ ‍

In Victoria, when a foreign person acquires residential property, they are liable to pay foreign purchaser additional duty at a rate of 8% of the dutiable value of the property — on top of the standard land transfer (stamp) duty. On a $700,000 property in Melbourne, that's an additional $56,000 in duty.‍ ‍

The good news is that you may be eligible for an exemption from FPAD where:

The property is transferred to both the Australian citizen/PR spouse and the foreign spouse as joint tenants
The property will be used as the couple's principal place of residence
The couple live in the property as their principal place of residence for a continuous period of at least 12 months, beginning within 12 months of becoming entitled to possession of the property‍ ‍

There are additional conditions to be satisfied, and the rules are detailed. This is not an exemption that applies automatically — it must be applied for through the State Revenue Office (SRO) via the Digital Duties Form before settlement. ‍ ‍

If your foreign spouse is frequently away, he/she is ineligible for the exemption from additional duty. Always consult your conveyancer before signing any contract to confirm you qualify and to ensure the exemption is properly claimed.‍ ‍

A specific note for couples involving a New Zealand citizen on a Special Category (subclass 444) visa:

Legislative changes effective from 26 November 2025 introduced updated requirements for NZ citizens to access the FPAD exemption. Under the current rules, for transfers on or after 26 November 2025, the NZ citizen spouse must ordinarily reside in Australia (rather than simply holding a Special Category visa, as was previously the requirement). There are also ongoing residence notification obligations — the NZ citizen must notify the Commissioner within 30 days of becoming aware of any circumstances that may result in the residence requirement not being met. If you or your spouse are NZ citizens, please speak to your conveyancer for tailored advice before proceeding.

Can We Still Claim the First Home Buyer Stamp Duty Exemption?

Yes — provided you meet the other eligibility requirements, you may be able to apply for the first home buyer stamp duty exemption or concession even when one purchaser is a foreign person on a temporary visa.

The first home buyer duty exemption in Victoria provides:

A full exemption from stamp duty for properties valued at $600,000 or less
A sliding scale concession for properties valued between $600,001 and $750,000

‍These exemptions can represent substantial savings — for example, on a $580,000 first home purchase in Narre Warren, a qualifying couple could save the entire stamp duty amount of approximately $28,000.‍ ‍

The key thing to be aware of is that the State Revenue Office's assessment of first home buyer duty exemption/concession where one purchaser is a foreign person — and where you are also seeking to combine this with the Foreign Purchaser Additional Duty exemption — requires more time than a standard application.‍ ‍

Our recommendation: allow at least 60 days for settlement. This gives the State Revenue Office sufficient time to complete assessment of your exemption application. If settlement is too short, the exemption may not be processed in time, and you could face default penalty at settlement. Always discuss the settlement timeline with your conveyancer before the contract is signed — because once signed, changing the settlement date requires agreement from the vendor.

Can We Get a Home Loan with This Ownership Structure?

Yes — and you have more lending options than you might think.

While the joint tenants ownership structure involving a foreign spouse on a temporary visa does place some restrictions on which lenders will consider your application, there are lenders in the Australian market with credit policies specifically designed to accommodate this situation.

The key factors that lenders assess in these applications typically include:

The visa type and/or remaining validity of the temporary visa holder
Whether both parties' incomes can be considered for serviceability
The loan-to-value ratio (LVR) of the proposed purchase
Whether the property is an established dwelling or a new dwelling

We work with a specialist mortgage broker who has experience helping couples navigate this type of lending structure. If you would like an introduction, please contact us or reach out directly to our recommended broker at AY Home Loans on 0416 488 518.

Every couple's situation is different — visa type, property type, location, and intended use all affect which exemptions apply. Before you sign any contract, speak with your conveyancer. The decisions made at the contract stage are the ones that determine your outcome.