NC Residency for Tuition Purposes
North Carolina General Statute 116-143.1 reserves the in-state tuition rate for legal residents of the state of North Carolina. Under this law, “legal residence” means more than simply residing in the state. Specifically, you must prove that your presence in the state is for the purpose of establishing a domicile (permanent home of indefinite duration), and that you are not just temporarily residing in the state to attend school. To qualify for the resident tuition rate, you must have maintained your legal residency for one year from the start of the term for which you request the resident classification.
Legal Residency | Capacity | Intent to Establish Domicile | Exceptions | International Students | Applying | Online Application | Forms | Deadlines | Decisions | Help
Requirements of Legal Residency
To Qualify as a Legal Resident You Must:
- Have the legal and financial ability (capacity) to establish a domicile.
- Demonstrate the intent to make North Carolina your permanent home.
Because you must be a legal resident of the state for at least a year prior to the term for which you request the in-state rate, both of the above requirements must also be true for a year. Therefore, in assessing your claim to the resident tuition rate, the Residency Officer will not only examine what you have done, but when you did it.
Capacity to Establish a Domicile
To have the capacity to establish a domicile, a student must:
- Be legally of age to act independent of non-resident parents.
- Be mostly financially independent from non-resident parents or guardians.
- Be a US citizen, Permanent Resident, or hold another immigration status that allows him/her to establish a permanent home in the United States.
Intent to Establish a Domicile in North Carolina
There are many factors the Graduate School might exam to determine if you have demonstrated the intent to be a legal resident. Residentiary acts are the most common and easily documented demonstration of intent. In reviewing your residency status, the Residency Officer will examine where and when you have most recently done each of the following items that applies to you:
- Obtained a Driver’s License
Registered to Vote
Voted
Registered a Vehicle
Owned a Home
Held Non-student Employment
Paid Property Tax
Paid Income Tax
Filed an Income Tax Return
Been called for Jury Duty
The Residency Officer may also consider:
- Where You Maintain Property
Where You Spend Vacations
Where You Maintain Organizational Memberships
Where You Have Significant Relationships
Anything Else You Wish to Explain About Your Situation
The Graduate School cannot tell you what you must do to support your claim to the in-state tuition rate. If you intend to be a legal resident of the state, consider what the sum-total of your behavior says about that intent. Consider your ties to North Carolina, and your remaining ties elsewhere. Does the preponderance of evidence show that your domicile is indeed in North Carolina? Does your behavior demonstrate that you have lived in the state as a legal resident for a year prior to the start of the requested term? If so, you will qualify for the resident tuition rate.
Specific Exceptions
North Carolina state law allows special tuition consideration for some specific employment circumstances, as well as an except for spouses of North Carolina legal residents. These benefits are:
- Members of the Armed Services Stationed in North Carolina
Members of the Armed Services who are on active military duty and stationed in North Carolina (and the dependents of these service members) are not required to be legal residents of North Carolina to receive the resident tuition rate. Dependents claiming the lower tuition rate through a service member must be a tax dependent of, and residing in the same home as, the service member. - Full-Time UNC-System Employees, Their Spouses, and Their Dependents
Legal North Carolina residents who are UNC-System employees, their spouses, and their tax dependent children are eligible for the resident tuition rate regardless of the length of their legal residency. This benefit is a waiver of the 12-month requirement. The applicant still must demonstrate the capacity and intent to establish a legal residence in North Carolina. - Full-Time North Carolina Public Schoolteachers
Legal North Carolina residents who are full-time North Carolina public schoolteachers may be eligible for the resident tuition rate regardless of the length of their legal residency. This benefit is a waiver of the 12-month requirement. The applicant still must demonstrate the capacity and intent to establish a legal residence in North Carolina. This benefit only applies to classes taken for the applicant’s professional certification or professional development as an educator. - Marriage Benefit
If you are legal North Carolina resident, and you are married to a North Carolina resident whose legal residency is longer than your own, you are permitted to use your spouse’s time in the state as your own to meet the requirements for the resident tuition rate. This benefit is a waiver of the 12-month requirement for the applicant, if the applicant’s spouse meets the 12-month requirement. The applicant still must demonstrate the capacity and intent to establish legal residency.
International Students
International students may or may not have the capacity to establish a domicile. For those who have capacity, the requirements are the same as those for US citizens. Examples of eligible immigration classifications are:
Permanent Resident, H-1B, H-4, K-3, K-4, L-1, L-2, V-2 and V-3.
Those who do not have capacity cannot qualify as residents for tuition purposes, regardless of any other factors. Ineligible immigration classifications include:
B, F, J, M, Some H visas, O-2 and TN.
This list is not comprehensive. If you are unsure if your immigration status gives you capacity, please contact the Graduate School Residency Officer for guidance.
The State Residence Committee is currently reviewing the Residency Manual that guides our tuition classification procedures. This revision may impact the immigration classifications that are and are not considered eligible to apply for the resident tuition rate. The revision should be complete by December 2008. The Graduate School will update this site once more information becomes available.
Applying for the Resident Tuition Rate
The information here only applies to students who are newly admitted or currently enrolled as non-residents. Graduate School applicants who believe they qualify for the resident tuition rate should complete the short residency form attached to the online admission application. If you are admitted, and the admitting official does not have enough information to grant you the resident tuition rate, your initial classification will be “non-resident.” If that occurs, return to this section and follow the procedures for applying for reclassification.
Online Tuition Reclassification Application
All admitted or currently enrolled Graduate School students petitioning for a change in their tuition classification may apply online through the Tuition Reclassification Application, regardless of the method through which they claim the resident tuition rate. To apply online for the resident tuition rate, use the form located here. Access the form using your Unity ID and password. Once you are logged-in, choose “Create a New Application” to begin the application process. Complete all required fields and pages in the application, and submit the form.
You do not have to complete the entire application in one session. You may save your partially completed form and, later, re-access your saved information using the “View Form” link. You can alter the information within your saved application until you submit it. You may not alter information in a submitted application.
Once you have submitted your online form, you will receive a list of required documentation based on the information you provided. You must mail or bring this documentation to the Graduate School. Your application is not complete until the Graduate School receives both your submitted form and your required supporting documentation.
Tuition Reclassification Forms
Although the Graduate School prefers that you use the online Tuition Reclassification Application, you may choose to submit a paper version of the application. Choose the form below that best reflects your circumstances. Mail or bring your completed form and supporting documentation to the Graduate School Residency Officer. All international students must submit the Supplemental Form for Non-US Citizens with their tuition reclassification forms.
Standard Tuition Reclassification Application (most students)
Military Form
NC Public School Teacher Form
UNC-System Employee Form
Supplemental Form for Non-US Citizens
Additionally, some students who apply using the standard Tuition Reclassification Application may also be required to provide a Parent’s Affidavit. You are required to provide this form if your parents have claimed you as a tax dependent within the past two years, or provided any financial support for you in the past two years. “Financial support” refers to funds your parents or guardians give directly to you, or any expenses they incur on your behalf. Consequently, you must provide this form if your parents are paying for your vehicle or health insurance, car payments, mortgage payments, cell phone service, etc. You can find the Parent’s Affidavit here:
If you are required to provide this form, one of your parents must complete it, have it notarized, and mail or bring it to the Graduate School Residency Officer.
Application Deadlines
The application window for each semester is below. The final deadline for any given term is the last day of exams for that term. You should not wait until the final deadline to submit your completed form. The Residency Officer will need time to address any questions or problems with your application before the final deadline.
| SEMESTER | WINDOW OPENS | WINDOW CLOSES |
| Fall 2009 | June 1, 2009 | Last day of exams for Fall 2009 |
| Spring 2010 | October 1, 2009 | Last day of exams for Spring 2010 |
| Summer Session I, 2010 | March 1, 2010 | Last day of exams for Summer Session I, 2010 |
| Summer Session II, 2010 | May 1, 2010 | Last day of exams for Summer Session II, 2010 |
Application Decisions
You will receive an official letter announcing the results of your tuition reclassification review approximately two weeks after you submit your complete application packet. If there are errors, omissions, or other issues in your application or supporting documentation, the review process will be delayed.
Help
If you have questions regarding residency or the tuition reclassification process, please refer to the North Carolina Residency section of the Graduate School’s FAQs. If you do not find an answer to your question, please contact the Graduate School Residency Officer. Be aware that the residency officer cannot advise you on the specifics of establishing legal residency or how to acquire the resident tuition rate.