In short: A subclass 820 partner visa is temporary, but buying as joint tenants with your Australian citizen or permanent resident partner removes the foreign investment approval requirement entirely, and Victoria can exempt you from the 8% foreign purchaser duty. That also reopens established homes. Lenders treat partner visa holders close to permanent residents.
This is the most favourable temporary visa position in Australian property, and almost nobody on an 820 knows it. The exemptions do not come from your visa. They come from who is on the title with you and how the title is held, so a single line in the contract can be worth tens of thousands of dollars.
What the visa is
Subclass 820 is the temporary stage of the onshore partner visa. It lets you stay in Australia until your permanent partner visa (subclass 801) application is finalised or withdrawn, so unlike most temporary visas it has no fixed end date. The 801 is permanent, and everything on the 189 and 190 skilled visa page about permanent residents applies to you from the day it is granted.
Because the sponsor of a partner visa is by definition an Australian citizen, permanent resident or eligible New Zealand citizen, the household almost always contains someone who is not a foreign person. That is what changes the arithmetic.
What applies to you
| Question | Buying as joint tenants with your partner | Buying in your name alone |
|---|---|---|
| Visa type | Temporary until the 801 is granted | Temporary |
| Foreign investment approval needed | No, the joint tenants spouse exemption applies | Yes |
| Foreign investment application fee | Nil | $15,600 for a property up to $1m at the time of writing |
| Can buy an established dwelling | Yes | No, while the ban runs to 30 June 2029 |
| Victorian foreign purchaser additional duty | Generally exempt for a principal place of residence | 8% of the dutiable value |
| Victorian First Home Owner Grant | Yes, at least one applicant is a citizen or permanent resident | No |
| Victorian first home buyer duty exemption | No, all purchasers must be citizens or permanent residents | No |
| 5% Deposit Scheme eligible | No, every applicant must qualify | No |
| Typical maximum LVR | Up to 95% with some lenders | Usually capped at 80% |
The exemption from foreign investment approval applies to buying as joint tenants, not as tenants in common. That distinction is legislated and there is no discretion in it. Read joint tenants vs tenants in common and buying property with a partner before you sign anything.
Victoria's exemption from foreign purchaser additional duty is separate and has its own conditions: the property must be your principal place of residence, your partner must not be a foreign purchaser, and you must live there for 12 continuous months starting within 12 months of settlement. Confirm your position with the State Revenue Office at sro.vic.gov.au before you rely on it.
The trap: the first home buyer duty exemption
Victorian first home buyers pay no land transfer duty up to $600,000 and a reduced amount to $750,000. But the eligibility rules require all purchasers to be Australian citizens or permanent residents. On an 820 you are neither, so a couple buying together loses the exemption entirely, even though the Australian partner would have qualified alone.
The First Home Owner Grant works the other way. It requires at least one applicant to be a citizen or permanent resident, so your partner's status carries the application and $10,000 is available on a new home valued up to $750,000. One scheme needs everyone to qualify, the other needs one person. Getting those two the wrong way round is the most common mistake we see on partner visa files.
How lenders see an 820
Well, generally. The visa has no fixed expiry, a permanent visa application is on foot, and the household usually includes a citizen or permanent resident borrower. Several lenders assess the application as a standard local file and go to 95% of the property value with mortgage insurance. Others still apply a temporary-resident cap, and policy changes without notice, so we check before you commit.
What lenders will ask for: your 820 grant notice, evidence of the lodged 801 application, your partner's standard documents, and the usual employment and savings evidence. If you have only recently started working in Australia, see probation and new job home loans. Our home loans for visa holders page explains how we screen lender appetite, and home loans by visa subclass shows where the 820 sits against every other visa.
Worked example: an 820 holder and her citizen husband in Epping
Fatima holds an 820 with the 801 lodged. Her husband Daniel is an Australian citizen and a first home buyer. They earn $86,000 and $112,000 and have saved $75,000. They buy an established four-bedroom house in Epping for $700,000, as joint tenants, to live in.
Victorian land transfer duty on $700,000 is $2,870 plus 6% of the excess over $130,000: $2,870 + $34,200 = $37,070.
| Line | Amount |
|---|---|
| Purchase price (established house) | $700,000 |
| Deposit at 90% LVR | $70,000 |
| Loan | $630,000, plus a mortgage insurance premium |
| Land transfer duty | $37,070, no first home buyer exemption |
| Foreign purchaser additional duty | Nil, spouse principal place of residence exemption |
| Foreign investment application fee | Nil, joint tenants exemption |
| Conveyancing, inspections, adjustments | about $3,000 |
| Cash needed at settlement | $110,070 |
For illustration, at 6.00% p.a. over 30 years, $630,000 costs about $3,777 a month.
Now change one thing. If they had taken the title as tenants in common in equal shares, the foreign investment exemption would not apply. Fatima would need approval before the contract became unconditional and would pay a $15,600 application fee, and the property being established means approval would almost certainly be refused under the current ban. The purchase simply would not proceed. Same house, same couple, same money, different words on the transfer.
When the 801 is granted, the picture improves again: the 5% Deposit Scheme and the first home buyer duty exemption become available for a future purchase, and Fatima can buy in her own name without any of the restrictions set out in buying property as a temporary resident.
Frequently asked questions
Do I need FIRB approval on a partner visa?
Not if you buy as joint tenants with your spouse or de facto partner who is an Australian citizen, a permanent resident, or a New Zealand citizen eligible for a Special Category visa. That exemption is in the foreign investment regulations and it does not extend to buying as tenants in common. If you buy in your sole name, or with anyone other than that partner, you are a temporary resident and approval is required.
Can an 820 visa holder buy an established house?
Yes, if the joint tenants spouse exemption applies, because you are then outside the foreign investment framework altogether and the ban on foreign persons buying established dwellings does not reach you. If you buy alone, you are a foreign person and the ban applies, so you are limited to new dwellings, off-the-plan properties and vacant land until 30 June 2029.
Do I pay the 8% foreign purchaser duty on an 820?
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. The exemption is administered by the State Revenue Office and has conditions that must be met by you, not by your partner. If you buy an investment property, or buy alone, the 8% applies.
Can we use the First Home Guarantee or the 5% Deposit Scheme?
No, not while you are on the 820. Every applicant must be an Australian citizen or permanent resident, so a couple where one partner holds a temporary visa is not eligible even if the other partner would qualify alone. Once the 801 is granted you both qualify, subject to the scheme's other criteria including the price cap and the requirement not to have owned property in the last 10 years.
How much can we borrow on a partner visa?
Often as much as any other couple. Several lenders assess an 820 holder buying with an Australian partner as a standard application and will lend up to 95% of the property value with lenders mortgage insurance. Some still cap temporary residents at 80%. Borrowing power itself is set by both incomes, your commitments and the serviceability buffer of your rate plus 3 percentage points.
Talk to GNT Finance
Partner visa purchases are won or lost on structure, not on rate. Get the ownership form, the timing and the lender right and an 820 holder buys almost exactly like a permanent resident. 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.