Ownership and immigration status are separate

Australia does not award immigration status because a person buys real estate. A foreign citizen can have an interest in Australian property without having permission to live or work here; equally, a visa holder can live in Australia without owning property.

The visa question must be answered under migration law by reference to a current visa class. The property question involves the contract, title, duty, settlement and—in many foreign-buyer cases—Australia’s foreign investment framework.

Common misconception

Property is an asset, not an immigration category. There is no minimum Australian property purchase that converts into permanent residence.

What about the former Significant Investor visa?

The former Significant Investor stream was part of the subclass 188 Business Innovation and Investment Program. It involved specified complying investments rather than simply buying a home. In any event, the BIIP closed to new initial subclass 188 applications on 31 July 2024.

Marketing that suggests a new buyer can purchase Australian real estate and obtain a “golden visa” is therefore doubly misleading: property did not by itself satisfy the old program, and the program is no longer open to new applicants.

Can a foreign investor buy an established home?

Foreign investors are generally prohibited from buying established dwellings from 1 April 2025 to 30 June 2029, subject to limited exceptions. Check the buyer’s status, property type and approval requirements before signing. Treasury’s residential-land guidance explains the current position.

Foreign-investment approval may still be required

A person who is not an Australian citizen or permanent resident should obtain current advice before signing a property contract. Foreign investment rules can restrict the type of residential property a foreign person may buy and may require approval, fees, conditions and later reporting.

The rules can change and exceptions are fact-specific. A contract should deal appropriately with any required approval. Tax, surcharge duty, financing and ownership-structure questions also need advice from the relevant qualified professionals.

Can starting or buying a business create a visa?

Not automatically. Incorporating a company, becoming a shareholder or acquiring a business does not itself grant permission to work or remain in Australia. A genuine role may support assessment of an employer-sponsored pathway, and an exceptional founder or innovative investor may warrant assessment for the National Innovation visa, but each pathway has separate legal criteria.

Sequence the decisions correctly

  1. Identify the intended activities in Australia and the family’s immigration objective.
  2. Obtain advice on current visa options before relying on a commercial timetable.
  3. Check foreign-investment approval and contract conditions before signing.
  4. Use qualified tax, financial and property advisers for their respective areas.
  5. Keep the migration application and the investment decision analytically separate.

Rothschild Group can advise on immigration strategy and coordinate related professional inputs. Western Australian conveyancing and settlement work is handled separately through RG Settlements, with the scope and provider made clear to the client.

Official sources

Treasury — residential land and foreign-buyer restrictionsATO — foreign investment in residential propertyHome Affairs — explore visa optionsBusiness.gov.au — starting a business as a foreigner
Editorial note

This article provides general information. The update date identifies the latest content change. Migration law and policy change frequently. Obtain advice for your circumstances before acting.

How we use sources and handle corrections