Residency Regulations for Tuition Purposes
Persons classified as non-residents upon first enrollment in a public institution of higher education are presumed to be non-residents for the period during which they continue as students.
If such non-resident students withdraw from school and reside in the state while gainfully employed for a period of 12 months, upon re-entry into an institution of higher education they will be entitled to be reclassified as residents for tuition purposes.
Accumulations of summer and other vacation periods do not satisfy this requirement. Reclassification to resident status after residing in the state for 12 months cannot be based solely upon the student's or the student's spouse's employment, registration to vote, registration of a motor vehicle and payment of personal property taxes thereon, or the securing of a Texas driver's license. The presumption of "non-resident" is not a conclusive presumption, however, and other facts may be considered to determine if the presumption has been overcome.
Material to this determination are business or personal facts or actions
unequivocally indicative of a fixed intention to reside permanently in the
state. Such facts may include, but are not limited to, the length of
residence and full-time employment prior to enrolling in the institution,
the fact of full-time employment and the nature of such employment while a
student, presence in Texas as a part of a household transferred to the
state by an employer, purchase of a homestead with substantial down
payment, or dependency upon a parent or guardian who has resided in Texas
for at least 12 months immediately preceding the student's enrollment. All
of these facts are weighed in the light of the fact that a student's
residence while in school is primarily for the purpose of education and not
to establish residence, and that decisions of an individual as to residence
are generally made after the completion of an education and not before.
Loss of Residence: Persons who move out of state will be classified as non-residents immediately upon leaving the state, unless their move is temporary (generally less than 5 years) and residence has not been established elsewhere. Conclusive evidence must be provided by the individuals supporting their present intent to return to the state. Among other things, a certificate from the employer that the move outside the state is temporary and that a definite future date has been determined for return to Texas may qualify as proof of the temporary nature of the time spent out of the state. Internship programs as part of the academic curriculum that require the student to return to school may qualify as proof of the temporary nature of the time spent out of state.
Re-Establishment of Residence: Persons who resided in Texas for at least 5 years prior to moving from the state and who have returned to the state for residence purposes before having resided out of the state for a year, will be classified as residents.
Reclassification as a Non-Resident: Persons who have been classified as residents of Texas shall be reclassified as non-resident students whenever they shall report, or there is found to exist, circumstances indicating a change in legal residence to another state. If students who have been classified as residents of Texas are found to have been erroneously classified, those students shall be reclassified as non-residents and shall be required to pay the difference between the resident and non-resident fees for those semesters in which they were so erroneously classified.
Reclassification as a Resident: If students have been erroneously
classified as non-resident students and subsequently prove to the
satisfaction of the director of admissions that they should have been
classified as resident students, they shall be reclassified as residents of
Texas and may be entitled to a refund of the difference between the
resident and non-resident fees for the semesters in which they were so
erroneously classified. Normally the refunds must be requested and
substantiated during the current term.
An alien who is living in this country under a visa permitting permanent residence or who has filed with the proper federal immigration authorities a declaration of intention to become a citizen has the same privilege of qualifying for resident status for tuition purposes as do citizens of the United States.
ELIGIBLE ALIENS: Holders of A-1, A-2, G-1, G-2, G-3, G-4, K, or OP-1 visas; and individuals classified by the INS as Refugees, Asylees, Parolees, Conditional Permanent Residents (holding I-551 cards which have not expired), and Temporary Residents (holding I-688 cards which have not expired).
12 MONTH RESIDENCE: Only a permanent resident may file with the federal immigration authorities a declaration of intention to become a citizen. Generally, individuals who enter the state under a visa which does not allow the establishment of a domicile and who obtain permanent resident status while in Texas must wait a minimum of 12 months from the date of issue to request resident status for tuition purposes. However, in cases where a protracted amount of time (more than 12 months) lapses between the date of application for permanent residence and the granting of permanent residence status, the institution may consider the lapsed time a part of the individual's required 12 months in the state if the individual has otherwise met the requirements for establishing residency.
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Revised: April 07, 1999