Buying a Florida Home Does Not Give Foreign Buyers Residency Rights

A Common and Costly Assumption

Carlos is a 50-year-old Colombian executive who toured a Miami condominium, fell in love with it, and then asked his real estate agent a question that millions of international buyers ask every year: "If I buy this, can my family move here?" Carlos is a composite, not a client, but his question is real and urgent for tens of thousands of families making similar plans right now.

The short answer is no. Purchasing real property in the United States does not automatically grant residency, a green card, or any immigration status to the buyer or the buyer's family. Property law and immigration law are entirely separate bodies of law, administered by separate agencies, and one has no bearing on the other.

Why the Question Matters More Than Ever

Foreign buyers purchased $56 billion worth of existing U.S. homes in the twelve months ending March 2025, a 33 percent increase over the prior year, and they acquired 78,100 properties, up 44 percent. Florida captured 21 percent of all international purchases, more than any other state, well ahead of California at 15 percent and Texas at 10 percent. Colombians, Carlos's fellow nationals, represent 7 percent of Florida's international buyer pool, according to Florida Realtors' 2025 data.

Along the Volusia County corridor, from Ormond Beach and Daytona Beach through Port Orange and New Smyrna Beach, to Flagler County communities like Palm Coast, and inland to DeLand, international inquiries have become routine. The buyers arriving at those transactions deserve accurate information on exactly this point.

Property Ownership and Immigration Status: Two Separate Worlds

When a foreign national buys a Florida condominium, a beachfront home, or a rental property, the deed records in the public land records. That is where the transaction ends as far as U.S. immigration law is concerned. No visa is issued. No green card is triggered. No lawful permanent residency is created. The buyer may own the property outright and still be required to leave the United States when a visa or visa waiver expires, which for many visitors from Colombia and other countries currently means a maximum of six months at a time under the B-1/B-2 visitor classification.

The confusion is understandable. Several countries around the world do offer residency or citizenship in exchange for investment in real property. The United States is not among them, at least not through direct property purchase. The U.S. does have an EB-5 immigrant investor program, but it involves investment in job-creating commercial enterprises meeting specific federal thresholds, not the purchase of a residential home or vacation condo. Any buyer who hears otherwise from a salesperson, a well-meaning friend, or an internet forum should verify the information with a licensed U.S. immigration attorney before proceeding.

The Visas People Actually Use

Because this article answers a specific question rather than advises on visa strategy, I will describe the landscape generally and leave the details to an immigration lawyer. Foreign nationals who want to spend substantial time in Florida typically rely on one of several nonimmigrant categories: the B-1/B-2 visitor visa, the E-2 treaty investor visa for nationals of treaty countries (which does allow meaningful time in the U.S. tied to a qualifying business investment), the L-1 intracompany transferee visa for executives moving with their employers, or the O-1 visa for individuals with extraordinary ability. None of these are obtained by buying a house. Each has its own requirements, duration limits, and conditions, and each should be evaluated by qualified immigration counsel, not by a real estate agent or even by a real estate attorney whose practice focuses on property transactions.

Carlos, as a senior executive, might explore whether his employer or his own business activities create a path through one of the employment-based categories. That analysis belongs entirely outside the real estate transaction.

Tax Residency Is a Different Question

Immigration status and U.S. tax residency are not the same thing, and this is where Carlos's condo purchase does begin to have real consequences. The IRS uses what is called the substantial presence test to determine whether a foreign national is treated as a U.S. resident for federal income tax purposes. The test counts days of physical presence in the United States over a rolling three-year period using a weighted formula. A person who crosses the threshold becomes a U.S. tax resident subject to worldwide income reporting obligations, regardless of immigration status and regardless of whether they own any U.S. property at all.

Separately, if Carlos spends enough time in Florida to become a Florida resident for state purposes, Florida imposes no state income tax, which is a meaningful benefit compared with many other states and countries. Florida also has no state estate tax or state inheritance tax. The federal estate tax, however, applies to U.S.-situated assets owned by nonresident aliens at a much lower exemption threshold than the one available to U.S. citizens and residents, and that exposure applies to the condo whether or not Carlos ever establishes Florida domicile. Careful estate planning with counsel who understands both international and Florida law is essential before closing, not after.

FIRPTA: What Happens When a Foreign Owner Sells

Carlos should also know what happens at the other end of the transaction. When a foreign person sells U.S. real property, the Foreign Investment in Real Property Tax Act, commonly called FIRPTA, requires the buyer to withhold a percentage of the gross sales price and remit it to the IRS. The withholding rate is generally 15 percent of the gross sales price, though reduced rates may apply in certain circumstances. The withheld amount is not a final tax; it is a prepayment against whatever federal income tax liability the seller actually owes on the gain. The seller files a U.S. return and reconciles the amount. But if Carlos or his advisors are not aware of FIRPTA at the time of purchase, the withholding at resale can come as an unpleasant surprise, particularly on a high-value property where 15 percent of the gross price is a large number.

A buyer's agent who understands FIRPTA can flag this at the outset, structure the conversation correctly, and make sure the right professionals are in place. It is one of many reasons why international buyers benefit from working with an agent who holds the Certified International Property Specialist designation and understands the cross-border transaction landscape.

Where an Attorney Fits Into This Picture

On the immigration side, the only professional who can lawfully advise Carlos on visa options, green card pathways, or citizenship strategies is a licensed U.S. immigration attorney. I am not that person, and neither is any other real estate professional, regardless of credentials.

On the real estate and Florida law side, I can be genuinely useful. I can review the purchase contract, flag provisions that affect foreign buyers differently than domestic ones, explain title insurance and closing costs, help structure the transaction in a way that accounts for known tax exposure, and refer Carlos to vetted immigration and international tax counsel. Those referrals matter enormously. The wrong advice at the beginning of a cross-border purchase can create problems that take years and significant expense to unwind.

If Carlos is also exploring whether Florida could eventually serve as his legal domicile, that is a separate conversation covered on the arthursimpson.com Florida residency pages. The short version: Florida residency is about intent and the actions that demonstrate it, not about a specific number of days. But that analysis only becomes relevant once Carlos's immigration status permits the kind of presence that would support a domicile claim.

What This Meant for Carlos

Carlos closed on his Miami condominium. He also, on the advice of the immigration attorney to whom he was referred, began exploring an E-2 visa tied to a U.S. business venture he had been considering for several years. The condo purchase did not create that path, but it did clarify how important it was to pursue one through the correct legal channel. He also worked with an international tax attorney to review the estate planning exposure created by owning U.S.-situated property as a nonresident alien. None of those steps were ones he had anticipated when he first asked whether the purchase would help his family relocate. The answer was no, but the right professionals helped him find answers that actually moved his family's goals forward.

If you are an international buyer considering property along Florida's east coast, from Palm Coast and Ormond Beach to Daytona Beach, Port Orange, and New Smyrna Beach, or anywhere else in the state, visit arthursimpson.com to explore the full library of articles on Florida real estate, Florida residency, and the issues that matter most to buyers coming from outside the United States. When you are ready to talk, reach out directly. I work with international buyers every day, and I know the questions worth asking before you sign anything.