FIRB Approval for Australian Expats: When You Need It and When You Don't

May 25, 2026

The common misconception — and why it matters

A lot of Australian expats assume they need Foreign Investment Review Board (FIRB) approval to buy property in Australia because they live overseas. This is wrong.

Australian citizens are exempt from FIRB requirements regardless of where they live. You can buy residential property in Australia — new build or established — without any FIRB application, as long as you're a citizen.

Where it gets more complicated is if you're buying with a non-Australian partner, or if you hold permanent residency rather than citizenship.

Who actually needs FIRB approval

FIRB applies to foreign persons acquiring interests in Australian residential real estate. The key definition is "foreign person" — which includes:

Non-citizens of Australia
Non-permanent residents
Foreign corporations
Foreign trusts

Australian citizens are explicitly excluded from the definition of "foreign person" under the Foreign Acquisitions and Takeovers Act 1975. Citizenship is what matters — not where you live or how long you've been overseas.

Australian permanent residents (who are not also citizens) occupy a middle position. Temporary residents generally do need approval. Permanent residents may be eligible for a streamlined process for certain property types.

If you're unsure of your status, check your visa and passport combination. If you hold an Australian passport, you're almost certainly a citizen and FIRB doesn't apply.

The joint purchase situation

This is where things can get complicated — and where a lot of couples in Singapore, Hong Kong, and Dubai need to pay close attention.

If you're an Australian citizen buying with a non-Australian partner (for example, a Singaporean or Chinese national who holds a Singapore PR but not Australian citizenship), the joint purchase may trigger FIRB requirements for your partner's share.

The way FIRB looks at this: each person in the ownership structure is assessed individually. Your share as an Australian citizen is exempt. Your partner's share as a foreign person may require approval — and that approval covers the whole transaction.

This doesn't necessarily block the purchase. Most joint purchases by Australian citizens and their non-Australian partners get approved. But you need to allow time for the application, and the fee is not trivial.

FIRB application fees are based on the property value. For a $1 million property, the fee as of 2026 is $14,100. For a $2 million property, it's $28,200. These are government fees — not broker or legal fees — and they're non-refundable if the purchase doesn't proceed.

New builds versus established property

For expats who do require FIRB approval (or whose joint purchase triggers it), the type of property matters for how FIRB treats the application.

Foreign persons are generally permitted to buy new dwellings (off-the-plan, newly constructed, or significantly renovated properties) more freely than established residential property. FIRB policy prioritises adding housing supply rather than buying existing stock.

If you're buying a new apartment in Melbourne or a house-and-land package in Brisbane, the approval process tends to be more straightforward. Established homes in established suburbs face more scrutiny for foreign buyers.

For Australian citizens: this distinction doesn't apply at all. You can buy established property without any FIRB process.

The application process

If you do need FIRB approval — or your purchase structure requires it — the application is made through the ATO's Foreign Investment Register. Your conveyancer or solicitor typically handles this, though the buyer pays the fee.

Processing times vary. In most cases, FIRB decisions come back within 30 days. Complex applications or those involving larger properties can take longer. In some cases, applications may be approved with conditions.

One thing to plan for: your contract of sale will typically include a special condition making the purchase subject to FIRB approval if required. Make sure this is in place before you exchange contracts.

How FIRB affects your loan timeline

If your purchase requires FIRB approval, you'll need to factor it into your settlement timeline. Most contracts allow 30 days for FIRB approval, but you'll want to discuss the specific conditions with your solicitor upfront.

For Australian citizens buying on their own: FIRB adds zero time to your process. There's no application to make.

For joint purchasers where FIRB applies: you want to start the FIRB process early, ideally at the time you're getting pre-approval organised. Waiting until you've found a property and exchanged contracts puts pressure on the timeline unnecessarily.

We work through the FIRB question early with every client — it's part of understanding your purchase structure before we get into lender selection. If you're buying with a non-Australian partner, we'll flag it and make sure your solicitor is across it.

Frequently asked questions

I'm an Australian citizen but I've lived overseas for 10 years. Do I need FIRB?

No. Length of time overseas has no bearing on FIRB requirements for Australian citizens. Your citizenship exempts you, regardless of how long you've been away.

My partner has an Australian permanent resident visa. Do we need FIRB?

Permanent residents who are not citizens may need FIRB for some purchase types. The rules for PRs are more nuanced than for citizens or foreign nationals — worth confirming with your solicitor based on your partner's specific visa class and the property type.

We want to buy a property in trust for asset protection. Does FIRB apply?

Trust structures can trigger FIRB requirements depending on how the trust is structured and who the beneficial owners are. If the trust has foreign beneficiaries or is classified as a "foreign trust" under the legislation, FIRB may apply. Get legal advice before setting up a structure for an overseas purchase.

Does FIRB affect what I can borrow?

FIRB approval (or the requirement for it) doesn't directly change your borrowing capacity — that's determined by income, expenses, and lender policy. But it does affect your timeline, and some lenders' expat policies are structured around Australian citizen purchases specifically. If your purchase structure is more complex, lender selection matters.

What happens if we proceed without FIRB when it was required?

Proceeding without required FIRB approval is a serious breach. Penalties include forced divestment of the property and significant financial penalties. This isn't a risk worth taking — if there's any doubt, get the application in early.

If you're an Australian citizen buying in your own name, you don't need to worry about any of this. If your situation is more complex — joint purchase, trust structure, or any non-citizen involvement — raise it with your solicitor at the outset.

We're happy to talk through the purchase structure as part of working out your borrowing capacity. Get in touch or check your borrowing capacity to get started.

Making Property Decisions While Your Life Is Growing Overseas

Many Australian expats delay property decisions because their future still feels uncertain. Career moves, changing visas, growing families, and evolving plans can make it difficult to feel “ready” to buy or invest back home. But waiting for complete certainty is not always necessary.

Foreign Income Shading: Why Your SGD Salary Gets Discounted

If you earn in SGD, HKD, or AED and you're applying for an Australian home loan, lenders will discount your income before calculating what you can borrow. This is called foreign income shading — and it's the single biggest factor limiting expat borrowing capacity.

Get a Clear Read On What You Can Borrow

If you want to understand your borrowing capacity and which lenders actually fit, book a call. Most clients come back for their next purchase or refer others in a similar position. We’re here for the long term, not just one application. Thirty minutes. No cost.