Do Australian Expats Need FIRB Approval to Buy Property?

Short answer: Most Australian citizens and permanent residents living overseas do NOT need FIRB approval.

However, the rules depend on your exact citizenship and residency status, the type of property you are buying, and whether you are purchasing alone or with a foreign national. This guide explains the rules clearly and tells you exactly where to check for your situation.

What Is FIRB and Who Does It Apply To?

FIRB — the Foreign Investment Review Board — is the Australian government body that reviews applications from foreign investors seeking to purchase Australian property. FIRB approval is required when a ‘foreign person’ wishes to acquire Australian residential real estate. The key question is: are you, under Australian law, a ‘foreign person’?

Under the Foreign Acquisitions and Takeovers Act 1975, a ‘foreign person’ is broadly defined as someone who is NOT:

• An Australian citizen — regardless of where you live or how long you have been overseas
• An Australian permanent resident (PR holder) who is ordinarily resident in Australia
• A New Zealand citizen holding a special category visa (subclass 444)

Australian Citizens Living Overseas

If you are an Australian citizen, you are NOT a foreign person under FIRB legislation — regardless of how long you have lived overseas, what passport you also hold, or where you are currently living. You can buy Australian residential property without FIRB approval.

✅ Australian citizen? No FIRB approval required.

This applies whether you live in Singapore, London, Dubai, Hong Kong, New York or anywhere else. Your Australian citizenship is what matters — your country of residence is irrelevant.

Australian Permanent Residents Living Overseas

This is where it gets more nuanced. A permanent resident who is ‘ordinarily resident in Australia’ is not a foreign person and does not need FIRB approval. However, if you are a PR holder who is living overseas and no longer ordinarily resident in Australia — you may be classified as a ‘temporary resident’ under FIRB rules and subject to approval requirements.

⚠️ Australian PR holder living overseas? Seek specific advice.

Your FIRB status depends on your individual circumstances. Contact FIRB directly at firb.gov.au or speak with an Australian immigration or property lawyer.

Foreign Nationals Buying with an Australian Partner

If you are an Australian citizen or PR buying jointly with a foreign national (for example, a spouse who holds a foreign passport), FIRB approval may be required for the foreign national’s interest in the property. This is a common scenario for expat couples in Singapore, Hong Kong, and Dubai.

In joint purchases, most lenders and conveyancers will require the FIRB status to be confirmed before proceeding. The approval process typically takes 30 days and involves an application fee based on property value.

Investment Properties vs Owner-Occupied Properties

The FIRB rules apply differently depending on what you intend to do with the property:

• New dwellings: Generally available to foreign investors subject to FIRB approval and conditions (typically must be new construction, not existing stock).
• Established dwellings: Generally NOT available to foreign investors for purchase — only available to temporary residents for their own use, and must be sold when they leave Australia.
• Vacant land: Subject to FIRB approval with conditions around development timelines.

For Australian citizens and most PR holders, none of these restrictions apply — you can purchase established property freely.

How FIRB Affects Your Mortgage Application

If FIRB approval is required, lenders will typically need to sight the approval before formally approving your loan. This adds time to the settlement process. Factor in at least 30 days for FIRB processing when negotiating settlement periods — 60–90 days is advisable when FIRB is involved.

Summary — Quick Reference

Buyer type	FIRB required?
Australian citizen (any country of residence)	No
Australian PR — ordinarily resident in Australia	No
Australian PR — living overseas	Depends — seek advice
Foreign national (non-citizen, non-PR)	Generally yes
Joint purchase with foreign national	Yes, for foreign party’s interest

Get Specific Advice for Your Situation

Expat Mortgage Broker can help you understand how your FIRB status affects your mortgage application and refer you to the appropriate legal professionals where needed. Book a free assessment today.

🌐 expatmortgagebroker.com | ✉ [email protected]

This article is for general information only and does not constitute legal advice. FIRB rules are subject to legislative change. Always seek independent legal advice for your specific situation.