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amatt(Initiate)Initiate
29 June 2022

Hi, I hope someone can clear this up for me. My de-facto partner and I want to buy a house together as our primary residence. They are waiting for confirmation of permanent residency and are on an 820 Partner Visa right now. I am an Australian citizen. I believe that technically my partner is classed as a temporary resident until permanent residency is granted and as such it seems they will need to file for FIRB permission to own property in Australia. Is this correct? I can't find clarity in the FIRB section of the website to clear up exactly *which* visa holders need FIRB approval to buy property.

Thanks

17,570 views
3 replies
17,570 views
3 replies

Most helpful response

Most helpful reply

JodieR_ATO(Community Support)Community Support
30 June 2022

Hi @amatt,


If you're looking into buying a residential property in Australia and you're an Australian or NZ citizen, your partner won't need FIRB approval. As a temporary resident they fall under the exemption category as long as you meet the citizenship requirements mentioned above.


You can also view this information under FIRB Guidance Note 1 - Are there any exemptions?

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amatt(Initiate)Initiate
30 June 2022

Some further information:

  1. My partner is my registered de-facto
  2. They have been resident in Australia for more than 10 years (holding various visas)

I have also found information in the Foreign Acquisitions and Takeovers Regulation 2015, Section. 38(3) suggesting that the spouse/de-facto of an Australian citizen might be exempt from FIRB approval - am I reading that correctly? Any clarity would be much appreciated!

Thanks.


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Does my partner (820 Partner Visa) need permission from FIRB to buy a house with me (Aus citizen)? | ATO Community