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Surcharge for individuals

You don’t have to pay the duty if you are an Australian citizen.
You're also exempt from the duty if you meet one of the residence requirements set out below, and:
  • you're an Australian permanent resident
  • you're a New Zealand citizen with a subclass 444 visa, or
  • you hold a partner (provisional) visa (subclass 309 or 820).
From 1 July 2019, you're also exempt from the duty if you meet the requirements when holding a retirement visa (subclass 405 or 410).
Find out more about the different types of visas on the Department of Home Affairs website.
Ordinarily resident requirement
If you fall into one of the categories of foreign buyers potentially exempt from surcharge purchaser duty, you won’t have to pay the surcharge if you’re ‘ordinarily resident’ in Australia.
This means you’ve lived in Australia for at least 200 days within 12 months before the purchase date. The days you enter and exit Australia count towards the 200 days total.
Permanent resident requirement
If you’re a permanent resident, including a New Zealand citizen with a subclass 444 visa, you’ll qualify for an exemption even where you don’t meet the ‘ordinarily resident’ requirement, so long as you:
  • live there continuously for at least 200 days within 12 months from the date of the contract
  • live there as your principal place of residence, and
  • buy as an individual, not as a company or trust.
Retirement visa holder requirement
From 1 July 2019, if you're a retirement visa holder (subclass 405 or 410), you'll qualify for an exemption (even though you're a temporary visa holder) if you:
  • live there continuously for at least 200 days within 12 months from the date of the transaction and
  • live there as your principal place of residence and
  • buy as an individual, not as a company or trust.
This exemption does not apply to transactions before 1 July 2019.
Temporary visa holders
If you hold a temporary Australian visa that’s subject to limitations, such as an end date:
  • you’ll always be considered a foreign buyer (unless you're a retirement visa holder), and
  • you must pay the surcharge regardless of whether you meet other residence requirements.
Apply for a refund
If you’ve paid the foreign purchaser surcharge but can prove that you and any other person you bought with qualifies for an exemption, you can apply for a refund. Contact us to find out how you can apply.
Contact us
Contact us for more information on your status as a foreign buyer, and have questions on whether you’ll need to pay the surcharge.
Thanks for the info, i didn't know all of this
 

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Thanks for the info, i didn't know all of this
No worries I didn’t no either till I’ve had received bill then I applied for examption and I’ve got my refund .
Hope this help you there is too many things we don’t know about it even for those who born here because never happens or deal with it very rarely anyway congratulation on your pr grant and all best mate.
 

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Good morning everyone.
Quick question in case this happened to any of you. COVID has been an absolute torture for our industry and my Aussie partner (sponsor) has been unemployed for 4 months. I have been supporting him financially since but we have now exhausted most of my savings and are looking for him to apply to Jobseeker if he doesn't find a job soon as we are technically now eligible. Do you think this could in any way be detrimental to our second stage application if we do go ahead?
 

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Good morning everyone.
Quick question in case this happened to any of you. COVID has been an absolute torture for our industry and my Aussie partner (sponsor) has been unemployed for 4 months. I have been supporting him financially since but we have now exhausted most of my savings and are looking for him to apply to Jobseeker if he doesn't find a job soon as we are technically now eligible. Do you think this could in any way be detrimental to our second stage application if we do go ahead?
No nothing to do to your application he can use like other Australian and definitely will not effect at all .
And good on you as a migrant supporting your partner in this hard situation .
 

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Good morning everyone.
Quick question in case this happened to any of you. COVID has been an absolute torture for our industry and my Aussie partner (sponsor) has been unemployed for 4 months. I have been supporting him financially since but we have now exhausted most of my savings and are looking for him to apply to Jobseeker if he doesn't find a job soon as we are technically now eligible. Do you think this could in any way be detrimental to our second stage application if we do go ahead?
There are many partner visa sponsors on various government benefits, newstart/jobseeker etc. Both stage 1 and stage 2.

It has no effect whatsoever on the application.
 
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No nothing to do to your application he can use like other Australian and definitely will not effect at all .
And good on you as a migrant supporting your partner in this hard situation .
Thanks @Steven2020 @JandE Doing what we can, it's a hard time for everyone.
Yes, thought it'd be pretty illogical if it was an issue but then again the definition of a sponsor can mean be financially responsible for the applicant.
I've researched some more and found the below which might explain the confusion:
Partner visas do not require assurances of support
Partner visas are part of the Family visa streams or the Family Migration Programme. Most family visas require a sponsor and assurances of support. Partner visas do not. So back when the changes to the process happened, a lot of migration agents were incorrectly reporting that partner visa sponsors had to submit a separate application to become approved sponsors first. A requirement of being an approved sponsor under the Family stream is to show that you have enough money. If they had read further into the legislation (and understood it) they’d realise that attention to detail really pays off. While the new process applied to partner visa applications, to become an approved sponsor for partner visas, sponsors only need to be able to provide for their partner financially during the 2 years that the visa application is processing. The proof of this is actually an undertaking by the sponsor which means the sponsor agrees to be financially responsible for the partner.
Source: https://www.partnervisaguide.com.au/proving-financial-support-assurance-processing-period/


I've been waiting for 43 months now so I think I'm starting to be paranoid about every little things lol
 

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Thanks @Steven2020 @JandE Doing what we can, it's a hard time for everyone.
Yes, thought it'd be pretty illogical if it was an issue but then again the definition of a sponsor can mean be financially responsible for the applicant.
I've researched some more and found the below which might explain the confusion:
Partner visas do not require assurances of support
Partner visas are part of the Family visa streams or the Family Migration Programme. Most family visas require a sponsor and assurances of support. Partner visas do not. So back when the changes to the process happened, a lot of migration agents were incorrectly reporting that partner visa sponsors had to submit a separate application to become approved sponsors first. A requirement of being an approved sponsor under the Family stream is to show that you have enough money. If they had read further into the legislation (and understood it) they’d realise that attention to detail really pays off. While the new process applied to partner visa applications, to become an approved sponsor for partner visas, sponsors only need to be able to provide for their partner financially during the 2 years that the visa application is processing. The proof of this is actually an undertaking by the sponsor which means the sponsor agrees to be financially responsible for the partner.
Source: Proving financial support during partner visa processing period | Partner Visa Guide Australia


I've been waiting for 43 months now so I think I'm starting to be paranoid about every little things lol
Look put it this way even if those info correct we still ok as covid effect to whole world not just Australia and I’m pretty sure immigration understand all of that .
We should be fine don stress yourself and enjoy your life with your partner remember life is too short the most important you have your love beside you thanks god for blessing us🙏.
 

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Just wanted to share my timeline here, i have been following this group religiously for the last few months, hope you find it helpful:
I am from England, Partner is Aussie.
Applied 820 March 30th 2019 - front loaded application, uploaded updates every 3 month or so
Granted May 7th 2020 (13.5 months) - no RFI
Applied for 801 visa 2nd March 2021
Emailed the vic processing email to ask for grant as i wanted to apply for a NSW government role that requires permanent residency and also looking to buy a house, but were limited with lenders due to my being classed as high risk, only received generic response email 22nd April
Sent through complaint through my partner as sponsor via the link provided above, stating it was frustrating to see people getting grants with lesser relationship and visa application timelines, again reiterated about trying to get a job with NSW gov and home loan, received generic response we are within timeframes etc. 21st May 2021
Got my visa grant about 10 mins ago! 1/06/2021
So over the moon and crying many happy tears

I have been with my partner 4 years in july, we have a daughter (6 months) and plenty of evidence of our relationship dating back to when we met (opal statements showing us visiting each others houses before we moved in together, phone bills showing calls from day 1, payments we had split for ubers etc). All our 888 forms were completed by family members on both sides too which i have heard adds more weight than forms just from friends.

Wishing speedy grants to all those still waiting, especially those with kids and who have been waiting much longer for their grants
Hi,
just wanted to ask for the link of the email you used to get in touch with the Department please. It will really be a great help. Thank you.
 

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Here's my timeline, hope it's useful :)

820 lodged: 24 Oct 2018 (front loaded)
RFI received: 13 Feb 2020
RFI provided: 24 Feb 2020
820 granted: 5 Mar 2020
801 lodged: 5 Jan 2021 (front loaded)
Suggestion/complaints submitted: 3 May 2021
801 granted: 4 Jun 2021

I and my partner have been together for 4 years and married since 2018. No kids yet - still trying to conceive which I explained in my statement.

I am unsure if my suggestion/complaints submitted has any weight as my 801 was granted a month later. I followed the advice from this forum and I guess no harm to do so.

Good luck to everyone still waiting!
 

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Here's my timeline, hope it's useful :)

820 lodged: 24 Oct 2018 (front loaded)
RFI received: 13 Feb 2020
RFI provided: 24 Feb 2020
820 granted: 5 Mar 2020
801 lodged: 5 Jan 2021 (front loaded)
Suggestion/complaints submitted: 3 May 2021
801 granted: 4 Jun 2021

I and my partner have been together for 4 years and married since 2018. No kids yet - still trying to conceive which I explained in my statement.

I am unsure if my suggestion/complaints submitted has any weight as my 801 was granted a month later. I followed the advice from this forum and I guess no harm to do so.

Good luck to everyone still waiting!
Hi congratulation would you able to tell me after you sent them complaint did they replied you an automate respond if so did they an explained the timeline processing in your email?
Thank you and once again congratulation on you pr and all the best.
 

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Hi congratulation would you able to tell me after you sent them complaint did they replied you an automate respond if so did they an explained the timeline processing in your email?
Thank you and once again congratulation on you pr and all the best.
Yes, I received a generic respond saying my application is still within processing time so they can’t provide any updates on my application’s progress. I copy pasted their replies below:

The Department of Home Affairs has received your feedback on 3 May 2021. Feedback on our processes and services is important and we thank you for bringing this matter to our attention.

Your application is within our published processing times. We can’t provide any updates on your application’s progress. If you lodged your application online, you can check the status of your application through ImmiAccount.

You may find the following information helpful:

Processing times

You can view current processing times on our website on the page for visa subclasses or citizenship types. Global processing times will be updated monthly. You should check regularly to ensure you remain aware of the current processing times.

Two processing times are displayed in calendar days, indicating how long it is taking to finalise 75 and 90 per cent of applications submitted globally. Estimates of processing times are provided as a guide only. Individual processing times may vary from the published estimates.

Circumstances that affect processing times

We assess applications on a case-by-case basis, and actual processing times can vary due to individual circumstances including:

· whether you have lodged a complete application, including all necessary supporting documents

· how promptly you respond to any requests for additional information (remember to check your junk folder, as our correspondence may auto-filter into spam)

· how long it takes to perform required checks on the supporting information provided

· for permanent migration visa applications, how many places are available in the migration program

· for citizenship applications, the time taken to attend a Citizenship Ceremony or receive a Citizenship Certificate.

Your correspondence will be sent to the relevant processing area for information.

We hope this information has been helpful to you.
 

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Yes, I received a generic respond saying my application is still within processing time so they can’t provide any updates on my application’s progress. I copy pasted their replies below:

The Department of Home Affairs has received your feedback on 3 May 2021. Feedback on our processes and services is important and we thank you for bringing this matter to our attention.

Your application is within our published processing times. We can’t provide any updates on your application’s progress. If you lodged your application online, you can check the status of your application through ImmiAccount.

You may find the following information helpful:

Processing times

You can view current processing times on our website on the page for visa subclasses or citizenship types. Global processing times will be updated monthly. You should check regularly to ensure you remain aware of the current processing times.

Two processing times are displayed in calendar days, indicating how long it is taking to finalise 75 and 90 per cent of applications submitted globally. Estimates of processing times are provided as a guide only. Individual processing times may vary from the published estimates.

Circumstances that affect processing times

We assess applications on a case-by-case basis, and actual processing times can vary due to individual circumstances including:

· whether you have lodged a complete application, including all necessary supporting documents

· how promptly you respond to any requests for additional information (remember to check your junk folder, as our correspondence may auto-filter into spam)

· how long it takes to perform required checks on the supporting information provided

· for permanent migration visa applications, how many places are available in the migration program

· for citizenship applications, the time taken to attend a Citizenship Ceremony or receive a Citizenship Certificate.

Your correspondence will be sent to the relevant processing area for information.

We hope this information has been helpful to you.
Thanks ,I’ve got exactly the same respond but i sent them on 12th of may and also my local MP wrote them letter as well.
I’ve been married for five years and over 7 years in relationship with to kids born here and going to school hope works for us too 🤞.
 

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I find this extremely sad that 801 needs to be prompted by applicant with a complaint form in order to get it granted. Don’t they have a system that shows them what’s being lodged with dates on them? I don’t know how it works but surely someone is aware that lots of old applications are sitting there .. jus frustrating .
 

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Hi there,


I have been following this forum since last 5 months. Here is my timeline :

Lodged 820 application on August 2018
Received grant on March 2019
Applied for 801 on September 2020
As suggested here sent feedback form on 28 April 2021 but received automatic reply

Again sent email to [email protected] on 27th of May 2021 asking if any additional document they are waiting from me. However, again received automatic reply.

Surprisingly ,on 1st of June 2021 received 801 grant.

This forum was great help ; otherwise I have been waiting for my visa until now..
 

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Hi there,


I have been following this forum since last 5 months. Here is my timeline :

Lodged 820 application on August 2018
Received grant on March 2019
Applied for 801 on September 2020
As suggested here sent feedback form on 28 April 2021 but received automatic reply

Again sent email to [email protected] on 27th of May 2021 asking if any additional document they are waiting from me. However, again received automatic reply.

Surprisingly ,on 1st of June 2021 received 801 grant.

This forum was great help ; otherwise I have been waiting for my visa until now..
Congratulations one your 801...the email above is it for VICTORIA? Just in case if I have to email too...mine is just over 3months since I submitted 801 application.
 

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Just wanted to share my timeline here, i have been following this group religiously for the last few months, hope you find it helpful:
I am from England, Partner is Aussie.
Applied 820 March 30th 2019 - front loaded application, uploaded updates every 3 month or so
Granted May 7th 2020 (13.5 months) - no RFI
Applied for 801 visa 2nd March 2021
Emailed the vic processing email to ask for grant as i wanted to apply for a NSW government role that requires permanent residency and also looking to buy a house, but were limited with lenders due to my being classed as high risk, only received generic response email 22nd April
Sent through complaint through my partner as sponsor via the link provided above, stating it was frustrating to see people getting grants with lesser relationship and visa application timelines, again reiterated about trying to get a job with NSW gov and home loan, received generic response we are within timeframes etc. 21st May 2021
Got my visa grant about 10 mins ago! 1/06/2021
So over the moon and crying many happy tears

I have been with my partner 4 years in july, we have a daughter (6 months) and plenty of evidence of our relationship dating back to when we met (opal statements showing us visiting each others houses before we moved in together, phone bills showing calls from day 1, payments we had split for ubers etc). All our 888 forms were completed by family members on both sides too which i have heard adds more weight than forms just from friends.

Wishing speedy grants to all those still waiting, especially those with kids and who have been waiting much longer for their grants
Hi i am in almost same both though put in for 801 February...we have a 6month and we have been together for 4years and looking at getting a house before the end of the year.

Can you share with me if it's okay the email you sent your email too? And the link your partner had to fill as I can't seems to find it
 

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Congratulations one your 801...the email above is it for VICTORIA? Just in case if I have to email too...mine is just over 3months since I submitted 801 application.
Same here. I submitted mine early March thru an agent but it’s too early to winch about it 😂
 

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Congratulations one your 801...the email above is it for VICTORIA? Just in case if I have to email too...mine is just over 3months since I submitted 801 application.
First time I submitted my feedback form... I received reply from this email. Therefore, I used it for my enquiry..I think it is Vic processing centre
 

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Hi all,

We applied for our 820 in June 2019 and was granted in May 2020. We've just received the email that we can begin uploading documents for our 801 application. How do we go about this? We begin the application but hit a wall at the "Has it been 24 months since you applied for the 820 visa?" question because we select "no" (as its only been 23) and it tells us to come back later. Are we meant to select yes even though it hasn't been 24 months?
 
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