Residency Requirements


Residency for Tuition

A student or applicant is classified either as an In-State resident of Texas, or an Out-of-State resident, for tuition purposes. Rules for Texas residency classification for University tuition are different from those regarding “normal” residency. An individual’s initial residency classification is determined by ApplyTexas based on information from his or her admission application. The student is responsible for ensuring their residency information is accurate and any corrections are made to their classification before the census date (normally the 12th day of classes for the spring and fall semesters and the 4th day for summer terms).

Certain non-residents may qualify to have the out-of-state portion of their tuition waived or exempted, as noted in the Exceptions section (at the bottom) of this page.

Chapter 21 of Texas Higher Education Coordinating Board Rules includes the following provisions covering some of the more common residency situations. They are neither exhaustive nor complete. Some edits have also been made to enhance readability.  Full original regulations and definitions of terms are available here.


Determination of Residence Status for In-State Tuition

A. The following persons shall be classified as Texas residents and entitled to pay resident tuition:

1. a person who:

a. graduated from a public or accredited private high school in this state or received the equivalent of a high school diploma in this state, and

b. maintained a residence continuously in this state for
(i) the thirty-six months immediately preceding the date of graduation or receipt of the diploma equivalent, as applicable; and       
(ii) the 12 months preceding the census date of the academic semester in which the person enrolls in an institution

(Note 1: An individual who is neither a US citizen, nor permanent resident must complete and submit the Residency Affidavit.)

(Note 2: F-1 (student) visa holders are specifically ineligible for this provision.)      

2. a person who:

aestablished a domicile in this state not less than 12 months before the census date of the academic semester in which the person enrolls in an institution; and

b. maintained a residence continuously in the state for the 12 months immediately preceding the census date of the academic semester in which the person enrolls in an institution.

c. was not claimed as a dependent on anyone else’s 1040 federal tax forms

(Note: Non-domicile-eligible visa holders, including F-1 visa students, are ineligible for this provision.)      

3. a dependent whose parent:

aestablished a domicile in this state not less than 12 months before the census date of the academic semester in which the person enrolls in an institution; and

b. maintained a residence continuously in the state for the 12 months immediately preceding the census date of the academic semester in which the person enrolls in an institution.

(Note: This is the only domicile provision by which a non-domicile-eligible, non-immigrant visa holding student (such as one with an F-1) may be granted in-state residency for tuition.)

4. a person who:

a. was previously enrolled and classified as a Texas resident in a public institution of higher education; and

b. maintained continuous enrollment, or did not break enrollment for more than one regular semester.  

B. Establishing domicile in Texas is presumed if, for at least 12 months prior to the census date of the semester in which he or she is to enroll, the person (or their parent if they are a dependent) resided in Texas and:

1. Owned and occupied real property in Texas (renting a home is not ownership), or

2. Owned and managed a “brick & mortar” business in Texas, or

3. Was gainfully employed, including self-employment, in Texas,

Employment intended to provide an income to a person or allow a person to avoid the expense of paying another person to perform the tasks (as in child care) that is sufficient to provide at least one-half of the individual’s tuition, fees and living expenses as determined in keeping with the institution’s student financial aid budget or that represents an average of at least 20 hours of employment per week. A person who is self-employed or who is living off his/her earnings may be considered gainfully employed for purposes of establishing residency, as may a person whose primary support is public assistance.

*Employment conditioned on student status, such as work study, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment.

or, 4. (Military only) Claimed Texas as their State of Legal Residence or whose official Home of Record is Texas,

or 5. Marriage for at least 12 months to a person who established a domicile in Texas per one of the above methods is also a basis for establishing domicile.
 

C. The domicile of a parent (who is eligible to claim the student as a dependent under federal tax codes) is presumed to be the domicile of the dependent unless the dependent establishes eligibility for resident tuition under subsection A.1. of this section.

D. The temporary absence of a person or a dependent's parent from the state for the purpose of service (such as the U.S. Armed Forces, Public Health Service, Department of Defense, U.S. Department of State, or AmeriCorps), as a result of an employment assignment, or for educational purposes, shall not preclude a person's ability to continue to claim that he or she is a domiciliary of this state. The person or the dependent's parent shall provide documentation sufficient to the institution of the reason for the temporary absence and showing intent to return.

E. The following non-U.S. citizens may establish a domicile in this state for the purposes of section A.2. or A.3.:

1. A Permanent Resident;

2. A person who is eligible for permanent resident status (filed an I-485 and received an I-797 receipt that the application had not been rejected);

3. An eligible non-immigrant that holds one of the approved types of visas. Contact the Residency Officer to determine if yours is eligible.

4. A person classified by the USCIS as a Refugee, Asylee, Parolee, Conditional Permanent Resident, or Temporary Resident;

5. A person holding Temporary Protected Status, and Spouses and Children with approved petitions under the Violence Against Women Act (VAWA), an applicant with an approved USCIS I-360, Special Agricultural Worker, and a person granted deferred action status by USCIS;

6. A person who has filed an application for Cancellation of Removal and Adjustment of Status under Immigration Nationality Act 240A(b) or a Cancellation of Removal and Adjustment of Status under the Nicaraguan and Central American Relief Act (NACARA), Haitian Refugee Immigrant Fairness Act (HRIFA), or the Cuban Adjustment Act, and who has been issued a fee/filing receipt or Notice of Action by USCIS; and

7. A person who has filed for adjustment of status to that of a person admitted as a Permanent Resident under 8 United States Code 1255, or under the "registry" program (8 United States Code 1259), or the Special Immigrant Juvenile Program (8 USC 1101(a)(27)(J)) and has been issued a fee/filing receipt or Notice of Action by USCIS.

Please Note: These regulations are subject to revision by the legislature and Coordinating Board. We make every effort to include all recent revisions at this site. At times, however, the most current regulations may not have been forwarded to our office at the posting of this page.


Changing/Updating Residence Status

Any change, or request for change, in residency status must be sent to the Office of Undergraduate Admissions Residency Officer. If an applicant or student is classified as a non-resident and wishes to be considered for reclassification as a resident, it is necessary to submit the Core Residency Questions. The Residency Officer will request additional specific documentation upon receipt of the Core Residency Questions.  You can also meet with the Residency Officer at the Undergraduate Admissions building at 429 N. Guadalupe St. on a walk-in basis, though it is best to e-mail first to confirm availability. 


Deadlines

Important information: All requests to update resident status including supporting documentation must be received prior to the census date.  There is no prorating of out-of-state tuition charges due to residency changes.  If status is updated to in-state before the census date, all out-of-state tuition will be deleted.  No changes to billing can be made after the census date of a current semester/summer term.  Changes to residency after the census date will not be applied until the next semester.

Summer 2016 Deadline = June 7, 2016

Fall 2016 Deadline = September 12, 2016

Spring 2017 Deadline = January 30, 2017

Any requests received after the census date will be reviewed for the next available term.

If you have additional questions about residency requirements, please send them to residency@txstate.edu.


Exceptions

Numerous waivers and exemptions managed by Student Business Services may qualify a non-resident to pay an in-state tuition equivalent rate.

Receiving the benefit of a tuition waiver does not qualify the recipient as a Texas Resident.  Some waivers prohibit the recipient from establishing residency such as:

1. Employment conditioned on student status, such as work study

2. The receipt of a stipend, fellowship, research or teaching assistantship

 These conditions do not constitute gainful employment and cannot be used when establishing domicile.

Click here to view the common waivers and exceptions that are available from Student Business Services (SBS).  For more information contact SBS at 512.245.2544 or email cashiers@txstate.edu.

Additional waivers and exemptions may be available to current and former active duty military personnel and their dependents.  For more information, contact the Veterans Affairs office at 512-245-2641, or veteransaffairs@txstate.edu.


If you have additional questions about residency requirements, please send them to residency@txstate.edu.