In short: The subclass 309 is the provisional offshore partner visa and the 100 is its permanent stage. Buying as joint tenants with your Australian sponsoring partner removes the need for foreign investment approval and can remove Victoria's 8% surcharge. The harder problem is usually lending, because you arrive with no Australian income, savings or credit history.
The offshore partner visa route lands you in Australia already married or in a de facto relationship with someone who lives here. Legally that puts you in a strong position to buy. Practically, your first year is spent building the things a lender scores you on, and it is worth knowing which of them you can shortcut.
What the visas are
Subclass 309 is granted while you are outside Australia and lets you stay temporarily until your permanent partner visa (subclass 100) is finalised or withdrawn. Once the 100 is granted you are a permanent resident with no property restrictions at all. The 820 and 801 partner visa page covers the onshore equivalent, and the exemptions described there apply here in the same way.
What applies to you
| Question | Position on a subclass 309 |
|---|---|
| Visa type | Provisional, until the subclass 100 is decided |
| Foreign investment approval | Not needed if you buy as joint tenants with your sponsoring partner |
| Buying in your sole name | Foreign person rules apply in full, including the established dwelling ban |
| Can buy an established dwelling | Yes, through the joint tenants spouse exemption |
| Victorian foreign purchaser additional duty | Generally exempt for a principal place of residence with a non-foreign partner |
| Victorian first home buyer duty exemption | No, all purchasers must be citizens or permanent residents |
| Victorian First Home Owner Grant | Yes, at least one applicant is a citizen or permanent resident |
| 5% Deposit Scheme | No, every applicant must be a citizen or permanent resident |
| Typical maximum LVR | Up to 95% with some lenders where the sponsor is a borrower |
The exemption from foreign investment approval covers buying as joint tenants with an Australian citizen, permanent resident or eligible New Zealand citizen spouse. It does not cover tenants in common. See joint tenants vs tenants in common and buying property with a partner.
Victoria's duty exemption is separate and requires the foreign purchaser to occupy the home as their principal place of residence for 12 continuous months starting within 12 months of settlement. If you are still overseas at settlement, or you leave soon afterwards, you may not meet it. Some states use a residency test as well: New South Wales looks at whether you have been in Australia for at least 200 days in the 12 months before the contract. Confirm your position with the relevant revenue office before you sign.
The real obstacle: no Australian file
A 309 holder is usually two or three months into life in Australia. That produces a very specific set of lending problems:
- No Australian income yet. The application will rest on your sponsor's income, which sets the borrowing capacity for both of you.
- No Australian credit file. Nothing to score. It is not a black mark, but it removes the fastest path to a quick approval. See credit score and home loans.
- Savings held overseas. Funds have to be transferred and evidenced. Lenders want the transfer receipts, the source, and often three months of the money sitting in an Australian account. See genuine savings explained.
- Income still paid from overseas. If you kept a job abroad, only a handful of lenders will count that income, usually shaded and at a conservative exchange rate. See foreign currency income home loans.
- Gifts from family. Perfectly acceptable if documented as a gift rather than a loan, with a statutory declaration.
Policy differs lender to lender and changes without notice. A small group on our panel are comfortable with a recently arrived partner visa holder where the sponsor's income carries the file; others want you employed here first.
Worked example: a sponsor's income, two ways to hold the title
Grace is an Australian citizen earning $115,000 and a first home buyer. Her husband Tomas arrived four months ago on a 309 and has not started work yet. They are buying an established house in Craigieburn for $595,000 with a $59,500 deposit.
Victorian land transfer duty on $595,000 is $2,870 plus 6% of the excess over $130,000: $2,870 + $27,900 = $30,770.
| Line | Both names, joint tenants | Grace's name alone |
|---|---|---|
| Purchase price | $595,000 | $595,000 |
| Deposit at 90% LVR | $59,500 | $59,500 |
| Loan | $535,500 | $535,500 |
| Land transfer duty | $30,770 | $0, first home buyer exemption to $600,000 |
| Foreign purchaser additional duty | Nil, spouse exemption | Nil |
| Foreign investment application fee | Nil, joint tenants exemption | Nil |
| Conveyancing and costs | about $3,000 | about $3,000 |
| Cash needed at settlement | $93,270 | $62,500 |
For illustration, at 6.00% p.a. over 30 years, $535,500 costs about $3,210 a month either way, plus a mortgage insurance premium above 80%.
The $30,770 difference exists because the Victorian first home buyer duty exemption requires all purchasers to be Australian citizens or permanent residents. Adding Tomas to the title costs it. Leaving him off saves it, but leaves him with no registered interest in the family home, which is a legal and personal question, not a financial one. Get advice from a solicitor before choosing. Whether a sole applicant with a temporary-visa spouse can also use the 5% Deposit Scheme is a question for Housing Australia and the lender; do not assume it.
Once the subclass 100 is granted, Tomas can be added to the title and both of them are treated as ordinary Australian borrowers, though a transfer between spouses has its own duty consequences worth checking first.
A sensible sequence for the first year
- Get a tax file number, open Australian bank accounts in both names and start a visible savings pattern.
- Transfer overseas savings early, with receipts kept, rather than in one large movement days before settlement.
- Start work, even part time. Three to six months of Australian payslips widens the lender field considerably.
- Get a pre-approval based on the sponsor's income so you know the ceiling before you look.
- Decide the ownership structure with a solicitor, not at the contract signing.
Home loans for new migrants sets out that sequence in more detail, buying property as a temporary resident covers what applies if you buy without your partner on title, and FIRB approval for property covers the application if you need one. Our home loans for visa holders page and the visa subclass comparison show how the 309 sits against every other visa.
Frequently asked questions
Can I buy a house on a 309 visa?
Yes. If you buy as joint tenants with the Australian citizen or permanent resident partner who sponsored you, no foreign investment approval is needed and the ban on foreign persons buying established dwellings does not apply to you. If you buy in your sole name, you are a temporary resident and the full foreign person rules apply, including approval, the application fee and the established dwelling ban.
Can I get a home loan with no Australian job yet?
Often yes, if your partner's income supports the loan on its own. Lenders assess the household's capacity, so a working sponsor with a stable job can carry the application while you settle in. Your overseas income is a different matter: only some lenders count it, usually discounted. A pre-approval based on the sponsor's income alone is the cleanest way to find out what is realistic.
Should my name be on the title on a 309 visa?
That is a legal question with a financial consequence. Keeping the title in your Australian partner's sole name can preserve the Victorian first home buyer duty exemption, worth up to about $31,000 on a purchase to $600,000. Adding you gives you a registered interest in your home. Both matter. Speak to a solicitor before you sign the contract, because changing it afterwards can trigger duty again.
Do I pay the foreign purchaser surcharge on a 309?
Not usually, if you buy your principal place of residence with a partner who is not a foreign purchaser and you live in the home for 12 continuous months starting within 12 months of settlement. If you are still overseas or plan to travel for extended periods, check whether you will meet that residence requirement. Investment purchases do not qualify for the exemption at all.
What changes when the subclass 100 is granted?
Everything opens up. You become a permanent resident, so the foreign investment rules stop applying whatever the title structure, the duty surcharge cannot be charged, established homes are freely available, and both of you can access the 5% Deposit Scheme and state first home buyer benefits on a future purchase. Your lender choice also widens to effectively the whole market.
Talk to GNT Finance
If you have just arrived on a partner visa, the useful first step is a pre-approval built on your sponsor's income, so you know your ceiling before you fall in love with a house. Gorakh Timilsina worked as a senior credit officer before founding GNT Finance, and consultations are available in English, Nepali or Hindi, with an interpreter in your language on request. Book a free consultation or call 0426 403 703.
This page is general information only and not legal, tax, migration or financial advice. Visa and foreign investment rules change — confirm current requirements with the Department of Home Affairs, the Foreign Investment Review Board or a registered migration agent.
Written by Gorakh Timilsina
Founder, CEO & Senior Mortgage Consultant at GNT Finance. Gorakh started as a broker assistant, spent years as a senior credit officer assessing loan applications, and now helps Melbourne families get the right loan approved. English, Nepali and Hindi spoken.