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  • Residency Regulations
    for Tuition Purposes


  • Residency Regulations for Tuition Purposes

    1.-General Information
    2.-Exemptions
    3.-Special Programs
    4.-Responsibilities

    The Texas Education Code authorizes the Texas Higher Education Coordinating Board to promulgate regulations governing residency status for tuition purposes in public institutions of higher education. These regulations are subject to change, and portions of the current regulations are reprinted below as a convenience to the student. The complete Rules and Regulations: Residence Status booklet prepared by the Texas Higher Education Coordinating Board can be reviewed in the Admissions Office. A student entering UTEP for the first time or after an absence of more than one year should carefully review these residency regulations to make sure the correct tuition is paid.

    INTRODUCTION
    Under State statutes and Coordinating Board rules and regulations interpreting those statutes, a prospective student will be classified as a resident, non resident, or international student. A person who has lived in the state under circumstances specified in these rules will be eligible for classification as a resident. A citizen, national or permanent resident of the United States who does not meet resident criteria will be classified as a non resident. An alien who is not a permanent resident of the United States and who has not been permitted by Congress to adopt the United States as his or her domicile while in this country will be classified as an international student. An individual classified as a non resident or international student may qualify to pay resident tuition rates while continuing to be classified as a non resident or international student under certain exemptions specified in these rules.

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    MINORS AND DEPENDENTS
    Residency of a Minor or Dependent is based on one of the following circumstances:

    1. The residence of the parent who has custody at the time of enrollment (upon divorce of parents);
    2. The residence of the parent who has claimed the dependent for federal income tax purposes both at the time of enrollment and for the tax year preceding enrollment; or
    3. The residence of the parent with whom the dependent has resided for the 12 months prior to enrollment.
    Custody by Court Order. If the custody of the minor has been granted by court order (e.g.: divorce decree, child custody action, guardianship or adoption proceedings) to some person other than the parent, the residence of that person shall control; provided, however, that such grant of custody was not ordered during or within a year prior to the minor's enrollment in a public institution of higher education and was granted under circumstances indicating that such guardianship was not for the purpose of obtaining status as a resident student.
    If the minor is not residing with either parent, and there is no court appointed guardian, the residence of the parent with whom the minor last resided shall be presumed to control. If, however, the minor resided with and has been dependent upon a grandparent for more than a year prior to enrollment in an institution of higher education, the residence of that natural guardian will be regarded as the minor's residence. The residence of a person other than a parent or a natural or legal guardian who may furnish funds for payment of tuition, fees, or living expenses will in no way affect the residence classification of a minor.

    INDEPENDENT INDIVIDUALS 18 YEARS OF AGE OR OLDER
    Establishment of Residence. Independent individuals 18 years of age or over who move into the state and who are gainfully employed within the state for a period of 12 months prior to enrolling in a public institution of higher education are entitled to classification as residents. An individual who is self employed or employed as a homemaker within the home may be considered gainfully employed for tuition purposes. If such 12 months residence, however, can be shown not to have been for the purpose of establishing legal residence in the state but to have been for some other purpose, the individuals are not entitled to be classified as residents. Students enrolling in an institution of higher education prior to having resided in the state for 12 months immediately preceding time of enrollment will be classified as non residents for tuition purposes.

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    RECLASSIFICATION
    Persons classified as non residents upon first enrollment in an 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. Students classified as non residents shall be considered to retain that status until they make written application for reclassification. This is done by filling out the residence questionnaire which is available in the Admissions Office. Students are notified in writing concerning the reclassification decision.
    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. All students are expected to pay the tuition assessed on or before the payment date for each semester as established by the University. All residence questionnaires and forms verifying non resident tuition exemption status must be submitted to the Admissions Office prior to the official census date of the term for which the change is sought. To prevent any delay in enrollment, students are encouraged to submit all forms at least two weeks prior to registration. Consult the Class Schedule for specific information concerning the submission of non resident tuition exemption forms.

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    INTERNATIONAL STUDENTS
    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 1 551 cards which have not expired), and Temporary Residents (holding 1 688 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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