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Residency for Tuition Purposes

Residency for Tuition Purposes

Questions about establishing residency for tuition purposes

How can I determine if I am eligible for in-state tuition?

For detailed information about regulations relating to residency in the State of Texas, visit the College for All Texans Residency Information page here: http://www.collegeforalltexans.com/index.cfm?ObjectID=6D1466D9-AEA5-DE00-C12F3F75E7367718.

The Texas Higher Education Coordinating Board has established rules that govern Texas residency for higher education in Texas. You may view the rules online here: http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=19&pt=1&ch=21&sch=B&rl=Y.

Individuals can establish residency in two basic ways, one based on graduation from high school and the other based on the establishment of domicile. The option related to establishment of domicile is available to citizens or permanent residents of the U.S. and to international students who hold certain types of visas.


Option 1: Residency through High School Graduation

This option for establishing Texas residency is available to citizens or permanent residents of the U.S. and to international students.

To establish residency through high school graduation, you must

If you are an international student seeking residency through high school graduation, you must submit a Residency Affidavit stating that you will apply for permanent residency when you are eligible to do so.

Option 2: Residency by Establishing Domicile

This option for establishing Texas residency is available to

If you are independent for tax purposes, you may gain resident status if you establish domicile in the state. If your parent(s) claim you as a dependent on their federal income tax return, they must establish domicile in the state for you to claim residency.

To establish domicile, you or your parent(s) must meet the following criteria:

1. Live in Texas for 12 consecutive months; and
2. Establish and maintain domicile for 12 consecutive months by doing one of the following:

 

How is my residency for tuition purposes determined?

When students apply for admission, the university uses information they provide on their ApplyTexas applications to make an initial determination about residency. If the submitted information indicates that the student isn't a U.S. citizen or permanent resident but that he or she may qualify for residency based on Texas high school graduation, the student will be prompted by the ApplyTexas application to download and submit the Residency Affidavit.

The affidavit is a statement by the student that he or she qualifies for residency. It must be completed, signed, notarized, and submitted to the university in order for the student to be classified as a resident.

 

I am eligible to pay in-state tuition because of a scholarship/assistantship, but my tuition account still shows out-of-state tuition. Why?

An out-of-state waiver is not the same as residency for tuition purposes. Our office determines residency for tuition purposes, while the out-of-state waiver for a scholarship or an assistantship is processed by Student Business Services. Waivers are attached according to statutory regulations. It is possible that your tuition balance will not reflect your waiver until after the payment due date, so please visit the Student Business Services website (http://www.sbs.ttu.edu) for more information.

 

How do I apply for residency?

If you are a prospective student, you must submit your application for admission. Students completing a U.S. application will complete the residency questions as part of the admissions application. International students will need to submit the Residency Core Questions or the Residency Affidavit to apply for residency.

Currently enrolled students may submit the Residency Core Questions after they or their parents have lived in Texas for twelve (12) consecutive months.

 

I would like to have my residency status reviewed. How can I do that, and what is the best time to request such a review?

To have your residency status reviewed, you must submit a new set of residency questions. The residency questionnaire may be downloaded from our website, or a copy may be obtained from our office in Administration 328. A request for reclassification or review of residency must be made before the census date of the semester (the 12th class day). If your residency request is received after the census date, your residency status cannot be updated until the next semester.

 

How can I obtain the Residency Core Questions or the Residency Affidavit?

These forms are available either on our website or in our office at Administration room 328.

 

What other documents should I turn in with the Residency Core Questions form?

You should submit verification that you have established domicile in Texas. To establish domicile, you should submit documentation that verifies

After review of your responses to the Residency Core Questions, the residency determination officer may request additional items from you to help establish your residency status.

 

What can I do if my application for residency was denied by the Residency Determination Official?

You can appeal the residency officer's decision. To do so, you must write a letter to the Director of Graduate and International Admissions stating why you feel you should be considered a Texas resident and providing any additional information, including documentation, to state your case further. The director will review the appeal and make a determination. The decision of the Director of Graduate and International Admissions is final; no additional levels of appeal are possible.

 

Are their additional waivers of out-of-state tuition for which I may be eligible?

Information concerning waivers of out-of-state is available at the College For Texans Financial Aid – Waivers webpage (http://www.collegeforalltexans.com/apps/financialaid/tofa.cfm?Kind=W).

 

My parents live in a state other than Texas and claim me on their taxes. Can I establish residency?

If your parents live in another state and claim you as a dependent on their federal income taxes, then you are not eligible to establish residency unless one of the following is true:

 

One of my parents is a Texas resident. May I claim residency even if I live out of state?

You can base Texas residency on the parent who resides in Texas if that parent

 

I am currently attending Texas Tech as a Texas resident, but my parents will be moving to another state. Will I still be classified as a Texas resident?

Once you enroll as a Texas resident, your status will not change as long as you remain continuously enrolled each fall and spring semester.

 

If I am temporarily absent from Texas, will I lose my status as a Texas resident?

A temporary absence by a student or by the parent of a student (upon whom the student bases his or her residency) does not affect the student's ability to claim residency if the temporary absence is the result of:

The person or the dependent's parent must provide documentation of the reason for the temporary absence. To claim a temporary absence, a student or parent must first establish Texas residency. Non-resident classification may result if the temporary absence occurs before completion of at least one year of residency connected to establishment of a domicile.

 

I am currently enrolled at a Texas college or university and am classified as a Texas resident. Will my residency status transfer to Texas Tech University?

If you were classified as a Texas resident while you were enrolled in another Texas college or university and you were enrolled for more than one summer term, you will be classified as a Texas resident if you enroll at Texas Tech University. You may be required to verify your residency classification at the previous institution to be classified as a resident at Texas Tech University.

If you were enrolled at another Texas college or university for only one summer term, you will not qualify under this rule.

 

I live in a state other than Texas and I am marrying a Texas resident. Does marriage to a Texas resident make me a Texas resident?

Being married to a Texas resident does not qualify a person for immediate Texas residency. If you are a U.S. citizen, a permanent resident of the U.S., or an international student with an immigration status that allows you to domicile in the U.S. and you are married to a Texas resident, you must live in the state of Texas for 12 consecutive months and be married to a Texas resident for 12 months to qualify for Texas residency.

Spouses of Texas residents may attend a Texas college or university during the 12 months needed to establish residency but will pay out-of-state tuition during that time. If you are in this situation, you may apply for reclassification as a Texas resident after one year of residence in Texas and one year of marriage to a Texas resident.

 

I received resident status some time after classes started. Will I get a refund for the out-of-state portion of tuition and fees that I previously paid?

You must submit the Residency Core Questions by the census date (12th class day) of the relevant term in order for your classification as a Texas resident to be effective for that semester. Students are eligible for refunds only if the residency form is submitted before the census date.

 

I moved to Texas to go to Texas Tech University (or another college/university). But I think I now meet the criteria for establishing residency. Is it possible for me to be classified as a resident?

In general people who move to Texas to attend college are presumed not to have the required intent to make Texas their domicile. In some situations, however, this presumption may be overruled if the student submits "clear and convincing evidence" that he or she has established and maintained a residence or domicile, as appropriate. Submitting such evidence is the responsibility of the student seeking to be classified as a resident.

 

I am a member of the military. What are the general rules about my residency status?

A military member's residency is based on the state they list as their legal residence for tax purposes with the military as found on their LES. If you're in the military and you list Texas as your legal residence for tax purposes, you will be classified as a resident of Texas. To claim residency through this process, you must have resided in Texas for one year at some point.

Please see the College for Texans Financial Aid – Waivers webpage (http://www.collegeforalltexans.com/apps/financialaid/tofa.cfm?Kind=W) for information on out-of-state-tuition waivers for military members who are not Texas residents.

 

I am currently active duty military. How can I have my out-of-state tuition waived so I can pay in-state tuition?

Active duty military (including active reserves and National Guard) may have their out-of-state tuition waived to in-state tuition if they are stationed with a unit in Texas. To obtain this waiver, active duty military and their dependents must submit the Certification of Military Personnel Who Enroll at Texas Tech University form and submit it to Student Business Services. This form must be submitted each academic year of enrollment.

 

What is the residency status for teachers, professors and their dependents?

Teachers and professors employed at least half time on a regular monthly salary basis by any Texas public institution of higher education are entitled to pay the same tuition as a resident of Texas for themselves, their spouses, and their dependent children. This waiver of out-of-state tuition does not depend upon the length of residence in Texas as long as the effective date of employment for the teacher or professor is on or prior to the official census date of the relevant term(s).

To obtain this waiver, such employees must submit, before each semester's enrollment, the Nonresident/Foreign Tuition Exemption form certifying employment from the director of personnel or a designated representative of the institution of higher education by which he or she is employed. This provision applies to eligible teachers and professors and their dependents no matter which Texas public institution of higher education they may attend. It is the intent of this rule that employment be for the duration of the period of enrollment for which a waiver is awarded.

Such requests at Texas Tech University should be directed to Student Business Services. The student will remain classified as a non-resident on the mainframe database as this exception is a result of a waiver of tuition to in-state rates.

 

I am a student employed as a teaching or research assistant. Am I eligible to pay in-state tuition?

Teachers and professors employed at least half time on a regular monthly salary basis by any Texas public institution of higher education are entitled to pay the same tuition as a resident of Texas for themselves, their spouses, and their dependent children. This waiver of out-of-state tuition does not depend upon the length of residence in Texas as long as the effective date of employment for the teacher or professor is on or prior to the official census date of the relevant term(s).

To obtain this waiver, such employees must submit, before each semester's enrollment, the Nonresident/Foreign Tuition Exemption form certifying employment from the director of personnel or a designated representative of the institution of higher education by which he or she is employed. This provision applies to eligible teachers and professors and their dependents no matter which Texas public institution of higher education they may attend. It is the intent of this rule that employment be for the duration of the period of enrollment for which a waiver is awarded.

Such requests at Texas Tech University should be directed to Student Business Services. The student will remain classified as a non-resident on the mainframe database as this exception is a result of a waiver of tuition to in-state rates.