I am an Australian citizen in a same-sex relationship with a foreign person. Does my partner require foreign investment approval if we want to purchase a house together as joint tenants?
A. The exemption for foreign persons purchasing residential real estate as joint tenants with their Australian citizen spouse does not extend to same sex couples. Foreign persons in a defacto same-sex relationship must seek foreign investment approval for the acquisition of any residential real estate or vacant land. Q16. I am an Australian citizen but my fiancé is a foreign person and is currently residing overseas. However, we are getting married in few months and we want to buy a property together now. Is that possible? A. This depends on the circumstance. If sufficient confirmation that the marriage is to take place in the near future (ie, within a few months) can be provided to the Foreign Investment Review Board, it is likely than an application can be approved. The foreign person should still submit an application and provide supporting documentation to show that the wedding is to take place, ie confirmation of church/celebrant bookings etc.
The exemption for foreign persons purchasing residential real estate as joint tenants with their Australian citizen spouse does not extend to same sex couples. Foreign persons in a de facto same-sex relationship must seek foreign investment approval for the acquisition of any residential real estate or vacant land.
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