Q: What is substantial financial support? Q:Are active-duty military members eligible for in-state tuition? A: “Substantial financial support” means finan- cial support in an amount which equals or ex- A: In most cases, yes. Active-duty military ceeds that required to qualify the individual to be members who establish in Virginia are listed as a dependent on federal and state income eligible for the in-state tuition rate as of the next tax returns. term. Nonresident military members may also be eligible for the in-state tuition rate if they are assigned permanent duty station in Virginia. Q: Are non-U.S. citizens capable of estab- lishing “in-state” classification? Q:Is the tuition classification decision at A: Non-U.S. citizens are legally capable of one institution transferable to another establishing domicile if they have been granted institution? the of lawful permanent residents. Such immigrants may be reviewed for domicile status and eligibility for in-state tuition rates. Non- A: No. Applicants must petition separately at immigrants are subject to the limitations and each college or university. Each institution is restrictions of their legal status. Ask your institu- responsible for verifying the domicile of its own tion’s domicile officer if your legal status permits students. Establishing a domicile review. Q: What if a person disagrees with a Virginia Q: Can dependents and spouses of active- tuition classification decision? duty military personnel pay in-state tuition Domicile at public institutions? A: Each public institution of higher education has established an appeals process for students A: In most cases, yes. As of July 1, 2006, if who disagree with an institution’s domicile deter- the active-duty military member is assigned mination. The appeals process includes an inter- This publication provides general descriptive information permanent duty station to a Virginia base, a mediate review and a final administrative review. about establishing Virginia domicile in order to qualify contiguous state, or D.C., and is residing in Any party aggrieved by a final administrative de- for in-state tuition. The material presented is not to be considered all inclusive. Inquiries about institu- Virginia, then the dependents of the military cision shall have the right of review in the circuit court for the in which the institution is tional tuition classification decisions or explanations member may be charged the in-state tuition rate involving special circumstances should be directed to located. regardless of domicile. Family of military mem- the institution the student plans to attend. Nothing in bers not meeting the criteria must demonstrate this publication is intended to amend existing law or that domicile has been established. policy with respect to eligibility for in-state tuition rates. The information in this brochure is for summary purposes only and does not address all provisions of the law. The complete text of section 23.7-4 of : Can the non-military spouse establish Q the Code of Virginia can be accessed on the web Virginia domicile separate from the domicile at http://www.schev.edu/students/VAdomicileIn- of the active-duty military spouse? fo.asp or contact your institution for details.

A: Yes. To establish their own domicile in Virginia, the non-military spouse must meet the same domicile requirements as any new resident 101 North 14th Street to the state. Richmond, Virginia 23219 www.schev.edu

Last updated January 2011 The burden is assumed by the applicant to pro- Q: How are the rules and procedures vide as much information and documentation as Q: Who can be considered an “indepen- established for considering individuals as appropriate to demonstrate intent. dent” student? “in-state” students for tuition purposes? : Any student whose parents have surren- Q: How long must a person be domiciled A : The conditions by which a student may be dered the right to his or her care, custody, and A in Virginia before they can be considered considered “in-state” for purposes of tuition clas- earnings; who do not claim the student as a sification are set forth by Chapter 23-7.4 of the “in-state” for tuition purposes? dependent on federal or state income tax returns; Code of Virginia. Although individuals may be and who have ceased to provide the student with considered state residents for voting and other A: By law a student, or the person through substantial financial support. legal purposes, the Code outlines the domicile whom the student is claiming domicile, must be requirements that must be met in order for a domiciled in Virginia for at least 12 continuous : Who can be considered a legal student to be classified as “in-state” for tuition months immediately preceding the first day Q purposes. of the term. guardian?

Q: Can a person leave the state for A: A legal guardian is someone appointed by Q: What is domicile? the court to be responsible for a . temporary purposes after establishing A: “Domicile” is the present, fixed home of domicile and retain “in-state” status? Note: In certain circumstances the law may pro- an individual to which he or she returns follow- hibit the college from assigning the domicile of ing temporary absences and at which he or she A: Yes. Temporary absences, such as leaving the legal guardian to the student. intends to remain indefinitely. the state to go to college or on a temporary assignment for your job, are permitted but he or : Can a person establish “in-state” status Q: What is domiciliary intent? she must maintain connections with Virginia while Q away. Any voluntary interruption or change in while a student? A: Intent, together with physical presence, es- these connections could result in having to tablishes domicile. State law lists several factors reestablish domicile upon returning to Virginia. A: It is very difficult. State law presumes that which, taken as a whole, determine if intent has a returning student initially classified as out-of- state continues to reside in Virginia primarily for been established. : Who can be considered a “dependent” Q educational purposes. • Continuous residency in the state of Virginia student? for at least one year prior to the start of the term A: A student under the age of 24 on the first Q: If a person marries a Virginia domiciled • Employment in Virginia day of the term is presumed to be dependent resident, can she or he be considered an unless the student (i) is a veteran or an active- • Payment of Virginia state income tax as a “in-state” student? legal resident duty member of the U.S. Armed Forces; (ii) is a graduate or professional student; (iii) is married; • Registering to vote in Virginia (iv) is a ward of the court or was a ward of the A: Not necessarily. Each married person is • Ownership of real property in Virginia court until age 18; (v) has no adoptive or legal assumed to have his or her own domicile as • Obtaining a Virginia driver’s license guardian when both parents are deceased; (vi) prescribed by law but may claim the domicile of the spouse if financial dependency is established. • Acceptance of permanent employment in Vir- has legal dependents other than a spouse; or (vii) ginia following graduation is able to present clear and convincing evidence that he or she is financially self-sufficient. • Registration of a motor vehicle in Virginia Q: Does the same domicile law affect • Sources of financial support A dependent student is presumed to have the students attending private schools? domicile of the supporting parent. • Military records • Any other social or economic factors specific A: Yes. Recipients of the Tuition Assistance to the individual which establish intent to Grant (TAG) and many other Virginia student aid make Virginia one’s permanent home programs must be domiciled residents. Continued --->