Q: How are the rules and procedures established for considering individuals as "in-state" students for tuition purposes?

A: The conditions by which a student may be considered "in-state" for purposes of tuition classification are set forth by Chapter 23-7.4 of the Code of Virginia. Although individuals may be considered state residents for voting and other legal purposes after being in the state for a short period of time, the Code outlines specific additional requirements that must be met to be classified as "in-state" for tuition purposes

Q: What is domicile?

A: "Domicile" is the present, fixed home of an individual to which he or she returns following temporary absences and at which he or she intends to remain indefinitely. Domicile in the Commonwealth must be established 12 months prior to the first day of class.

Q: How long must I be domiciled in Virginia before I can be considered "in-state" for tuition purposes?

A: By law a student or the student's parent(s) must be domiciled in Virginia for at least 12 continuous months immediately preceding the first day of classes.

Q: What is domiciliary intent?

A: Intent, together with physical presence, establishes domicile. The tuition law lists several factors which can be used to determine if intent has been established. No one factor is sufficient. In determining domiciliary intent, all of the following factors applicable to the individual are considered.

• Payment of Virginia State income tax as a resident.
• Registering to vote in Virginia
• Ownership of real property in Virginia
• Acceptance of permanent employment in Virginia
• Obtaining a Virginia motor vehicle operator's license
• Registration of a motor vehicle in Virginia
• Continuous residence in the state of Virginia for at least one year prior to the first day of classes.
• Sources of financial support
• Location of checking or savings accounts or other economic relationship with Virginia
• Any other factors which are peculiar to the individual which tend to establish intent to make Virginia one's permanent home

The burden is assumed by the applicant to provide as much information and documentation as appropriate to support intent.

Q: May I leave the state for vacations or summer work while establishing my "in-state" status?

A: Yes, but you must maintain the Virginia connections you have established, such as claiming any income as Virginia income for tax purposes. Any interruption or change in these connection could be sufficient cause to negate whatever domicile has been established and could result in having to reestablish domicile upon returning to Virginia. You should check with Enrollment Services/Admission before you leave the state.

Q: What is the difference between a 'dependent' and 'independent' student?

A: A dependent student is a student who receives substantial financial support from his or her parents or legal guardian. If you are under age 24 on the first day of classes, an institution will automatically classify you as a dependent student unless you:

• are married,
• are a veteran or active-duty member of the U.S. armed forces,
• are a graduate or first-professional student,
• are a ward of the court or were a ward of the court until age 18,
• have no adoptive or legal guardian when both parents are deceased, or
• have legal dependents other than a spouse.

If you are under the age of 24 and do not meet any of these six conditions, the only way you can be classified as an independent student is if you convince the institution that you are financially self-sufficient. If you are not classified as a dependent student, you may establish your own Virginia domicile.

Q: What is substantial financial support?

A: Substantial financial support means financial support in an amount as much or more than what is required to qualify the individual to be listed as a dependent on tax returns (50% or more of the student's support).

Q: What does the term "emancipated minor" mean?

A: An emancipated minor is a student under the age of 18 whose parents or guardians have surrendered the right to his or her care, custody and earnings and who no longer claim him or her as a dependent for tax purposes.

Q: Who can be considered a legal guardian?

A: A legal guardian is someone appointed by the court with personal or financial responsibility for a minor. Note: Court Verification that the appointment was not for tuition purposes and that parents do not contribute to the minor's support is required routinely.

Q: Can I establish "in-state" status while a student?

A: Yes, but the mere fact that you are a student is not sufficient evidence to consider you "in-state." Physical presence and intent must be demonstrated.

Q: If I am financially dependent on my spouse, can I establish my own domicile?

A: Yes. Married persons may establish domicile in the same manner as unmarried persons, by showing intent to stay in Virginia and maintaining domicile for 12 months. A married person does not automatically have the same domicile as his or her spouse, even if the individual is financially dependent on the spouse. A person who is married and is financially dependent on his or her spouse has the option of claiming the spouse's domicile if the student chooses to do so.

Q: What if I disagree with a tuition classification decision?

A: Each public institution of higher education has established an appeals process for students who question decisions on eligibility for in-state charges. The appeals process includes an intermediate review and a final administrative review. Due process procedures shall be in writing and shall include time limitations in order to provide for orderly and timely resolutions of all disputes. Any party aggrieved by a final administrative decision shall have the right of review in the Circuit Court for the jurisdiction in which the institution is located.

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