Residency
Texas law classifies each person who applies for admission to a Texas public college or university as:
- A resident of Texas;
- A nonresident.
When you apply for admission, the university uses the information you provide on the ApplyTexas application to determine residency.
How you are classified is important because it determines whether you pay non-resident tuition or in-state rates, which are lower.
Being a resident of Texas also qualifies you to apply for financial aid awarded by the state. Please review the information carefully and contact the designated staff to assist you in completing your application or updating your residency status based on new or corrected information.
UNDERGRADUATE STUDENTS can send their questions to their designated Admissions Counselor or to residency@utep.edu . Students can also book a virtual or in-person appointment using the following link: Book an appointment
GRADUATE STUDENTS C an contact gradschoolresidence@utep.edu or hand deliver any documents to Graduate School Office at Mike Loya Academic Service Building, Room 223.
Texas Residency
The Texas Higher Education Coordinating Board has established rules that govern residency for higher education in Texas. Individuals can establish residency based on one of the following:
- Establishing and Maintaining Domicile in Texas (Dependent Individuals)
- Establishing and Maintaining Domicile in Texas (Independent Individuals)
- High School Graduation in Texas
- Military
- Residency waivers
Updating Residency Status
Mistakes happen and occasionally students need to correct information from the application or there are changes to student living situations that make students eligible for Texas residency. To initiate this request, a student must submit a completed Core Residency Questionnaire form. Along with the form, the student should submit supporting documentation that proves they or their parent or court-appointed legal guardian (if a dependent) have met the requirements to be classified as a Texas Resident. An incomplete Core Residency Questionnaire form and/or insufficient documentation will delay the review and processing of the request.
Dependent Individuals Establishing and Maintaining Texas Domicile
Residency can be established based on being a dependent of a parent or court-appointed legal guardian who claims the student as a dependent for federal income tax purposes. If the parent or court-appointed legal guardian meets the criteria for establishing residency, then the dependent student is also eligible for Texas residency.
This option is available to:
- Citizens or permanent residents of the U.S. (Non-citizens and non-permanent residents may also use this option if they have an application for permanent residency on file with the U.S. Citizenship and Immigration Services for at least 1 year without being denied.)
- International students who hold an eligible visa or immigration status to domicile in the U.S.
Note: F1 Visa Holders are not eligible to domicile in the U.S. per the U.S. Immigration Office, therefore a student holding an F1 Visa would not be eligible to apply for in-state residency.
To establish residency, the parent or court-appointed legal guardian must meet the following:
To establish residency as an independent individual, students must:
- Physically reside in Texas for at least 12 months leading up to census date of the academic semester in which the person enrolls in an institution; and
- Maintain domicile in Texas continuously for the 12 months immediately preceding the census date for which the student enrolls through one of the following:
- Gainful employment is defined as employment that is sufficient to provide at least one-half of the individual’s tuition and living expenses or represents an average of at least 20 hours per week.
Note: Employment conditioned on student status, such as work study, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment. - Sole or joint marital ownership of residential real property in Texas
- Ownership and customary management of a business in Texas which is regularly operated without the intention of liquidation for the foreseeable future
- Marriage to a person who has resided and maintained domicile in Texas based on items a-c.
- Gainful employment is defined as employment that is sufficient to provide at least one-half of the individual’s tuition and living expenses or represents an average of at least 20 hours per week.
Supporting Documents
Student Dependent Status
- Recent income tax return for the parent or court-appointed legal guardian that lists student as a dependent.
Establishment of Texas Domicile (items may vary depending on domicile)
- Employment Verification Letter on company letterhead that confirms employment at a Texas-based location for 12 consecutive months immediately preceding the census date of the semester in which the student enrolls.
- Title/Deed for residential real property in Texas to verify 12 consecutive months of ownership immediately preceding the census date of the semester in which the student enrolls.
- Business License or Proof of Ownership of a business in Texas of at least 12 consecutive months immediately preceding the census date of the semester in which the student enrolls.
Physical Presence in Texas (submit at least 2 items from the list below)
- Texas driver’s license or Texas ID card that has not expired and shows an origination date at least 12 months prior to the census date of the semester in which a student enrolls
- Texas voter registration card issued at least 12 months prior to the census date of the semester in which a student enrolls
- Utility bills listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
- Texas bank statements listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
- Apartment lease or rental of residential property listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
Note for Non-U.S. Citizens: In addition to the supporting documentation items listed above, students must also submit a copy of their eligible visa and/or other government documentation to demonstrate they are under an immigration status that is eligible to domicile.
Independent Individuals Establishing and Maintaining Texas Domicile
If you file taxes as an independent on your most recent tax filing and you do not receive most of your financial support from another person who is not your spouse, then you may qualify for Texas residency if you have established and maintained a domicile in Texas and demonstrate intent to establish residency in the state.
This option is available to:
- Citizens or permanent residents of the U.S. (non-citizens and non-permanent residents may also use this option if they have an application for permanent residency on file with the U.S. Citizenship and Immigration Services for at least 1 year without being denied.)
- International students who hold an eligible visa or immigration status to domicile in the U.S.
Note: F1 Visa Holders are not eligible to domicile in the U.S. per the U.S. Immigration Office, therefore a student holding an F1 Visa would not be eligible to apply for in-state residency.
To establish residency as an independent individual, students must:
- Physically reside in Texas for at least 12 months leading up to census date of the academic semester in which the person enrolls in an institution; and
- Maintain domicile in Texas continuously for the 12 months immediately preceding the census date for which the student enrolls through one of the following:
- Gainful employment is defined as employment that is sufficient to provide at least one-half of the individual’s tuition and living expenses or represents an average of at least 20 hours per week.
Note: Employment conditioned on student status, such as work study, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment. - Sole or joint marital ownership of residential real property in Texas
- Ownership and customary management of a business in Texas which is regularly operated without the intention of liquidation for the foreseeable future
- Marriage to a person who has resided and maintained domicile in Texas based on items a-c.
- Gainful employment is defined as employment that is sufficient to provide at least one-half of the individual’s tuition and living expenses or represents an average of at least 20 hours per week.
Supporting Documents
Establishment of Texas Domicile (items may vary depending on domicile)
- Employment Verification Letter on company letterhead that confirms employment at a Texas-based location for 12 consecutive months immediately preceding the census date of the semester in which the student enrolls.
- Title/Deed for residential real property in Texas to verify 12 consecutive months of ownership immediately preceding the census date of the semester in which the student enrolls.
- Business License or Proof of Ownership of a business in Texas of at least 12 consecutive months immediately preceding the census date of the semester in which the student enrolls.
- Marriage License demonstrating marriage of at least 12 consecutive months to someone who has resided and maintained domicile in Texas for the 12 consecutive months immediately preceding the census date of the semester in which a student enrolls.
Physical Presence in Texas (submit at least 2 items from the list below)
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- Texas driver’s license or Texas ID card that has not expired and shows an origination date at least 12 months prior to the census date of the semester in which a student enrolls
- Texas voter registration card issued at least 12 months prior to the census date of the semester in which a student enrolls
- Utility bills listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
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- Texas bank statements listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
- Apartment lease or rental of residential property listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
Note for Non-U.S. Citizens: In addition to the supporting documentation items listed above, students must also submit a copy of their eligible visa and/or other government documentation to demonstrate they are under an immigration status that is eligible to domicile.
Residency via High School Graduation
To establish residency through high school graduation in Texas, students must meet the following criteria:
- Graduate from a public or accredited private high school in Texas or receive a GED in Texas; and
- Physically reside in Texas for the 36 consecutive months immediately prior to high school graduation; and
- Physically reside in Texas for the 12 consecutive months immediately prior to the census date of the semester in which the student enrolls in a Texas public college or university and
- Demonstrate lawful presence in the United States.
Students who qualify for residency under this pathway must submit proof of lawful presence and must submit an affidavit attesting to eligibility for this pathway. The affidavit must be completed, signed, and notarized upon submission.
Required Supporting Documentation:
High School Graduation Domicile
- Copy of an official high school transcript notating graduation date
Physical Presence in Texas (at least 2 bulleted items from the list below must be submitted)
- Texas driver’s license or Texas ID card that has not expired and shows an origination date at least 12 months prior to the census date of the semester in which a student enrolls
- Texas voter registration card issued at least 12 months prior to the census date of the semester in which a student enrolls
- Utility bills listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
- Texas bank statements listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
- Apartment lease or rental of residential property listing name and Texas address for the 12 consecutive months preceding the census date of the semester in which a student enrolls
Military
In accordance with Texas Administrative Code, members of the United States Armed Services whose home record with the military is Texas are presumed to be Texas residents, along with their spouse and dependent children.
for Texas residency, as are their spouse and dependent children.A member whose home of record is not Texas, but who provides Leave and Earnings Statements (LES) that show the member has claimed Texas as their place of residence for 12 consecutive months prior to enrollment is eligible
A Military Waiver is also available for service members that are not eligible based on the criteria above. Students should contact the Military Student Success Center for assistance, mssc@utep.edu
Residency Waivers
New Mexico resident Waiver
To apply for the New Mexico Waiver, the student must be a Resident of New Mexico.
- New Mexico Waiver Form, and
- New Mexico ID, and
- Permanent Address with UTEP must match with New Mexico ID
Documents are only accepted before the start of the term when the student is attempting to apply New Mexico Waiver
- Fall Semester – Documents Accepted in July
- Spring Semester – Documents Accepted in December
- Summer Semester – Documents Accepted in May
New Mexico Waiver must be renewed each year to receive the waiver.
THE DEADLINE TO SUBMIT DOCUMENTS IS CENSUS DAY EACH SEMESTER.
U.S. Citizens residing in Mexico (PASE)
U.S. Citizens living in Mexico that intend to return to Mexico after earning their degree qualify for an in-state tuition rate via the Programa de Asistencia Estudiantil (PASE) program ( Texas Education Code 54.231). The following are requirements for eligibility:
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- Proof of US citizenship, such as a United States birth certificate, certificate of citizenship, or US passport.
- Demonstrate financial need by submitting a FAFSA for each award year in which the student is seeking eligibility for in-state tuition, including any documents required to complete the student’s financial aid application.
- Proof of residency, such as an ID from Mexico showing the student’s home address OR current utility bill (gas, water, electricity).
- Utility bills must be from the month leading up to the start of the term you will be enrolling timing below.
- Fall Semester: July or August
- Spring Semester: December or January
- Summer Semester: May or June
- The utility bill needs to be under the student or parent’s name.
- If the utility bill is under a different family member’s name, additional documents may be needed to establish the relationship with that person.
- Utility bills must be from the month leading up to the start of the term you will be enrolling timing below.
- Affirm the student’s intent to continue to reside in Mexico after completing the degree by signing and completing this form.
Documents are only accepted before the start of the term when the student is attempting to apply PASE. Academic Calendars for each year can be found on the Registration and Records website, utep.edu/registrar
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- Fall Semester – documents accepted in July and August
- Spring Semester – documents accepted in December and January
- Summer Semester – documents accepted in May and June
This form and all accompanying documentation must be submitted each year to renew eligibility.
THE DEADLINE TO SUBMIT DOCUMENTS IS CENSUS DAY EACH SEMESTER.
Undergraduate RA/TA Waiver
To apply for the undergraduate RA/TA Waiver, the hiring department must submit the waiver on behalf of the student.
- Undergraduate RA/TA Waiver, and
- Screenshot of PeopleSoft Approved Appointment
