The four partner visas
Home Affairs describes two pathways, one applied for in Australia and one applied for outside Australia.
| Visa | Applied for | Stage |
|---|---|---|
| Partner (Temporary) 820 | In Australia | Temporary, leads to the 801 |
| Partner (Permanent) 801 | With the 820 | Permanent |
| Partner (Provisional) 309 | Outside Australia | Provisional, leads to the 100 |
| Partner (Migrant) 100 | With the 309 | Permanent |
Your grant letter and VEVO show the conditions on your 820 or 309. If your substantive visa ends while the 820 application is processed, a bridging visa A may apply, which Home Affairs describes as letting you stay in Australia after your current substantive visa ceases. A lender will see that as a different case, covered in the bridging visa guide.
Home Affairs says a holder of a temporary partner visa (309 or 820) is eligible for assessment of the permanent visa two years after applying for the temporary one. It says it may prioritise an application involving special circumstances of a compassionate nature, though a request does not ensure higher priority.
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What brokers say lenders do
Two brokers describe the lending side. Neither speaks for a lender.
- One says that with some lenders, up to 95% is possible when the citizen or permanent resident spouse is the sole owner and both spouses are on the loan. It warns against assuming the same limit applies if both want to own the home.
- The other says a loan of up to 95% may be possible with a citizen or permanent resident partner, but not in every situation. It adds that a loan relying heavily on the temporary visa holder's income may get more scrutiny than one the citizen or permanent resident could service alone.
- In the first broker's table of ten lenders (records dated 30 July 2026), one lender lends up to 95% on a joint application where both applicants live in Australia. Another excludes loans that need the temporary resident's income or rely mainly on it. A third lists a partner visa holder applying with a permanent resident spouse, with the exact visa to be checked.
On a $600,000 purchase, the 95% both brokers mention and two lower loan sizes for comparison look like this:
| Loan as a share of the price | Loan | Deposit towards the price |
|---|---|---|
| 95% | $570,000 | $30,000 |
| 90% | $540,000 | $60,000 |
| 80% | $480,000 | $120,000 |
A broker says that above 80% you will usually pay lenders mortgage insurance, and that the lender's treatment of the premium changes the cash you need. Stamp duty, any state surcharge and legal costs are extra. See costs of buying.
Title and loan are separate decisions
The title records who owns the home. The loan records who must repay it. The options brokers and Treasury describe are:
- Joint tenants. Treasury's residential real estate page lists joint tenants buying with an Australian citizen, permanent resident or eligible New Zealand citizen spouse as not needing to apply.
- Citizen or permanent resident as sole owner, both spouses borrowing. One broker says some lenders accept this and check that the spouse not on title benefits from the arrangement. That spouse can owe the debt without owning the home, so independent legal advice on their rights matters.
- Tenants in common. Treasury's page does not list it. Both brokers warn against assuming the exemption carries over, so ask a solicitor.
A lender accepting a structure does not settle the legal, duty or tax questions. A solicitor or conveyancer is the person to ask, and see questions to ask a mortgage broker.
What you can buy
A temporary resident is a foreign person for foreign investment purposes. From 1 April 2025 to 30 June 2029 the policy is that foreign persons are generally banned from buying established dwellings, with limited exceptions. New dwellings and vacant land remain possible with approval, and the 2026-27 application fee is $15,600 for a new dwelling or vacant residential land priced from $75,000 to $1 million.
One broker says a couple may be able to buy an established home together without foreign investment approval as joint tenants, and that no separate application or fee is needed if the exemption applies. The other lists the exemption and the ban separately and does not say how they interact, and Treasury's page does not mention the ban, so ask a solicitor how they fit together for your purchase. Treasury's guidance says permanent visa holders do not need approval to buy residential property, which changes the position once an 801 or 100 is granted.
State surcharges are a separate test
Being exempt from federal approval does not decide the state surcharge. The two states checked for this guide treat partner visa holders differently.
- NSW. Revenue NSW (page updated 27 May 2026) says a holder of a 309 or 820 is not treated as a foreign person for the surcharge if they have been in Australia at least 200 days in the 12 months before the liability date, generally the contract date. A second route applies to someone buying as an individual and living in the home as their principal place of residence for at least 200 continuous days within 12 months of the contract, on conditions Revenue NSW sets.
- Queensland. The Queensland Revenue Office page (last updated September 2024) defines a foreign individual as someone who is not a citizen or permanent resident, and says a permanent resident holds a permanent visa. Ask the office or a solicitor how additional foreign acquirer duty applies to your share.
Other states have their own rules. The temporary visa page has the state table, and the sister guide on stamp duty surcharges covers the foreign buyer side.
Keep reading
- Can you get a home loan on a bridging visa?
- Can you get a home loan while waiting for permanent residency?
- What first home buyer help can visa holders get in Australia?
- How much deposit do you need for a home loan as a temporary resident?
- Can you still get a home loan on a 457 visa?
- Can you get a home loan on a 482 visa?
Frequently asked questions
Do I need to wait for the 801 or 100 before applying for a loan?
Not by any rule in the sources reviewed. One broker says temporary partner visa holders may qualify with selected lenders, and that a lender assesses the visa you hold when you apply, not a pending permanent application. A permanent visa may widen the options, but the grant date is uncertain.
Can the bank use my income if only my spouse is on the title?
It depends on the lender. One broker says some lenders accept a non-owner spouse as a borrower if the setup, direct benefit and full application meet current policy. The other says lenders differ on whose income they use. Ask the lender before you choose the title.
Do we need foreign investment approval if we buy together?
Treasury's page lists joint tenants buying with a citizen or permanent resident spouse as not needing to apply. It names joint tenants only, and one broker says buying as tenants in common, or having both names on the loan, does not meet the ownership requirement. Your solicitor should confirm that your relationship and title qualify.
Can I use the 5% Deposit Scheme on a partner visa?
One broker says a joint application cannot include an 820 or 309 holder as a temporary-resident borrower, because every borrower must qualify. Scheme rules change, so check the current eligibility with a participating lender. See first home buyer schemes for visa holders.
Does my spouse's status remove the state surcharge?
Not automatically. NSW and Queensland apply their own tests, and the NSW tests depend on days in Australia or living in the property. Check the revenue office in the state where you are buying before you count on an exemption.
Sources
- Partner visa (temporary) subclass 820, Department of Home Affairs
- Partner visa (permanent) subclass 801, Department of Home Affairs
- Partner (provisional) visa subclass 309, Department of Home Affairs
- Partner visa frequently asked questions, Department of Home Affairs
- Residential real estate, Foreign investment in Australia (Treasury)
- Bridging visa A (subclass 010), Department of Home Affairs
- Guidance Note 2: Key concepts (v5, 12 December 2025), Treasury
- Guidance Note 6: Residential land (v5, 1 July 2026), Treasury
- Schedule of Fees (v8, 1 July 2026), Treasury
- Surcharge purchaser duty for individuals, Revenue NSW
- Types of foreign persons for additional foreign acquirer duty, Queensland Revenue Office
- Partner visa home loans, Hunter Galloway (broker page)
- Visa home loans, Hunter Galloway (broker page, lender records dated 30 July 2026)
- Partner visa mortgage, Home Loan Experts (broker page, updated 17 September 2026)
Checked 7 October 2026.
Expat Finance is an independent guide. It is not a lender, mortgage broker or credit provider, it does not hold an Australian credit licence, and it does not give credit, legal, tax or migration advice. It is not affiliated with any bank, the ATO or the Foreign Investment Review Board. General information only, not legal, tax, migration or financial advice.