Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Residence by investment in Australia generally means gaining the right to live in Australia in connection with making a qualifying financial investment or operating a qualifying business. Immigration and investor visa programs are controlled at the federal level by the Australian Government. Local factors in Fairfield - such as property availability, council planning rules, and local costs - affect where and how an investor establishes residence, but the legal entitlements to enter, stay and convert to permanent residence are set by national immigration law and related regulatory regimes.
For people settling in Fairfield, New South Wales, two distinct legal tracks commonly interact - immigration law for the visa itself, and property and tax laws that apply to any investment made to support residency. Foreign investors must also consider approvals from the Foreign Investment Review Board - FIRB - and state requirements such as NSW nomination pathways when they are relevant to the visa stream.
Residence by investment involves a mix of immigration, property, commercial and tax rules. A lawyer can help in several common situations:
- Choosing the appropriate visa stream and advising on eligibility and documentary evidence required for investor and business-related visas.
- Structuring an investment or business acquisition in a way that meets immigration criteria while managing tax and liability exposure.
- Preparing and checking visa applications and responses to requests for more information to reduce the risk of refusal or delay.
- Handling FIRB applications and advising on whether a proposed residential property purchase is permitted for foreign persons.
- Conducting property due diligence - title searches, zoning, development approvals, strata considerations and contract review - when investing in Fairfield real estate.
- Advising on state-nomination requirements for New South Wales, including business innovation and investment nomination streams.
- Representing you in administrative appeals, ministerial interventions, or other disputes related to immigration or investment approvals.
- Coordinating with tax advisors and accountants to ensure that income tax, Goods and Services Tax, stamp duty and land tax consequences are considered.
Key legal aspects to know when pursuing residence by investment in Fairfield include the following:
- Federal immigration law governs visa eligibility, processing and conditions. Investment visa streams have specific requirements about the type, amount, and source of funds, as well as genuine-enterprise or business activity tests.
- Foreign Investment Review Board - FIRB - rules apply to foreign persons acquiring residential real estate. FIRB typically restricts purchases of existing dwellings and allows investment in new dwellings, vacant land to build a new dwelling, or commercial property. FIRB approval and fees may be required.
- New South Wales state rules can affect your pathway. NSW may offer nomination for certain business and investment visa streams and has its own criteria and documentation requirements.
- Property and planning laws controlled by Fairfield City Council impact development approvals, permitted uses, local environmental planning instruments and heritage overlays. These affect whether an investment project can proceed on a particular site.
- NSW and federal tax laws apply to income from investments and to property transactions. Stamp duty, land tax, capital gains tax and a foreign purchaser surcharge may be relevant if you are not an Australian resident for tax purposes.
- Corporate and trust law is often relevant because investors commonly use companies, trusts or managed funds to hold assets. Proper legal structuring affects liability, governance, and tax outcomes.
- Anti-money laundering and counter-terrorism financing rules require verification of source of funds and identity for significant transactions. Non-compliance can delay or block approvals.
Immigration visas based on investment require meeting federal visa criteria - the investment made must meet the visa stream rules. Buying property in Fairfield is a separate legal act that may need FIRB approval if the buyer is a foreign person. Holding property does not automatically entitle you to a visa, and a visa does not automatically permit a property purchase without meeting FIRB and state requirements.
Foreign nationals can buy some types of residential property, but strict FIRB rules apply. In many cases foreign buyers are permitted to buy new dwellings, vacant land for development or properties in narrowly defined circumstances. Buying an existing dwelling usually requires meeting exclusions or special permission. FIRB application and approval may be required before settlement.
You are not legally required to use a lawyer or a registered migration agent, but these professionals add value by interpreting complex requirements, preparing documentation, advising on evidence of source of funds, structuring investments and reducing the risk of error. A lawyer can also advise on local property, corporate and tax law implications that migration agents may not cover.
Authorities commonly require documentary proof that investment funds are lawful and genuinely available. This can include bank statements, sale agreements, corporate records, audited financial statements, tax returns, and third-party letters. Exact documents depend on the visa stream and the nature of the investment. Early legal advice helps you gather the right evidence.
Processing times vary by visa subclass, the complexity of the case, and whether additional information is requested. Some investment visas have multi-stage processes, including provisional and permanent phases. Timelines can range from months to over a year. A specialist can help set realistic expectations based on current processing patterns.
Sometimes yes, and sometimes no. Some visa streams require particular types of qualifying investments - for example, managed funds, government bonds, or commercial business investments - rather than direct residential property purchases. Even where property is an eligible investment, FIRB rules and state requirements must also be satisfied. Get tailored advice for your visa subclass.
Common costs include stamp duty on transfer, legal and conveyancing fees, ongoing council rates, strata fees if applicable, land tax, capital gains tax on disposal and, for foreign purchasers, a foreign purchaser surcharge in NSW. Tax residency status affects tax liabilities. Coordinate with a tax advisor before completing a purchase.
Yes. Business acquisition or establishment in Australia can underpin some business and investor visa streams, provided the business meets the relevant criteria for turnover, employment, investment level and genuine business activity. State nomination streams sometimes prioritize genuine job-creating enterprise activities in NSW.
Typical reasons include insufficient evidence of lawful source of funds, failure to meet the investment or business activity criteria, incomplete or inconsistent documentation, prior immigration or criminal issues, non-disclosure of material facts, or non-compliance with FIRB conditions. A thorough pre-application review reduces refusal risk.
Options can include requesting internal review or merits review where available, lodging an appeal with the appropriate tribunal, seeking ministerial intervention in exceptional cases, or correcting deficiencies and reapplying. Time limits apply to reviews and appeals, so seek legal advice promptly if a refusal occurs.
Consider consulting or contacting the following types of bodies and resources for authoritative information and assistance:
- Federal immigration authorities for up-to-date visa program rules and application processes.
- The Foreign Investment Review Board for rules on foreign acquisitions of residential and commercial property.
- New South Wales state migration and nomination offices for state-specific nomination criteria and programs.
- NSW revenue and taxation authorities for information on stamp duty, land tax and foreign purchaser surcharges.
- Fairfield City Council for local planning, zoning and development rules that affect property investments in Fairfield.
- The Migration Agents Registration Authority for a list of registered migration agents, and the Law Society of New South Wales to find accredited lawyers who specialise in immigration, property, and commercial law.
- Australian Taxation Office for guidance on tax residency, capital gains tax and withholding rules related to property and business income.
If you are considering residence by investment in Fairfield, follow these practical steps:
- Clarify objectives - decide whether your priority is secure residency, a local business opportunity, property investment, or a mix of these.
- Book a consultation with a lawyer experienced in both immigration and property or commercial law, or assemble a team that includes a migration specialist, property lawyer, and tax advisor.
- Gather preliminary documents - identification, proof of funds, business records and property proposals - so an adviser can assess eligibility and risks.
- Undertake property due diligence before making offers - title checks, zoning and development restrictions, FIRB considerations and finance arrangements.
- Prepare and lodge any required FIRB and state-nomination applications well before settlement or visa lodgement deadlines.
- Seek tailored tax advice about structuring the investment and ongoing tax compliance.
- If you receive a visa refusal or an adverse decision, contact your legal adviser immediately to review appeal or review options and deadlines.
Residence by investment requires careful coordination between immigration, property, and tax law. Early professional advice focused on your particular circumstances will reduce risk and increase the likelihood of a successful outcome in Fairfield, Australia.
