Updated: 04/04/2005
Residency for Tuition Purposes
Residency Statutes
- General Definition: Residency for Tuition Purposes
- Establish "Legal Residency"
- Maintain Legal Residency for 12 Months
- Establishing Legal Residency
- Physical Presence
- Bona Fide Intention to be a Permanent Resident
- Twelve Month Qualifying Period
- Exceptions to the Residency Requirements
- Responsibilities of the Individual Seeking In-State Residency
- More Information
I. Residency for Tuition Purposes:
Under N. C. General Statutes GS 116-143.1(b), to qualify as a resident for tuition purposes, a person must:
a. Established legal residency (domicile) in North Carolina, and
b. Have maintained that legal residence for at least 12 months prior to being considered for in-state residency.
For any person under 18 years old, the traditional common law generally presumes that minors share the same legal residency as their parents. Thus, if both parents have established legal residency, the minor will also have legal residency in N. C. If the minor’s parents are divorced/separated with one living in N. C. and one living out-of-state, the minor may be presumed to share legal residency with the in-state parent if the in-state parent claims the minor as a dependent for tax purposes. Some exceptions exist (see GS 116-143.1(j) and k).
The remainder of this informational web page will apply generally to students who are 18 or older.
II. Establishing "Domicile" or Legal Residency:
A. To be a legal resident in North Carolina, a student must first physically live in the State. This is a simple test of where one has a dwelling or home.
B. The student must also show a bona fide or "good faith" intention of staying in the State permanently or at least for an indefinite amount of time (GS 116-143.1 (c)). This is a more difficult test than physical presence, but the key element is that the student plans to establish permanent residency in N.C. and is not in North Carolina only to go to school.
To determine a student’s intentions, all relevant factors must be evaluated, especially a student’s conduct. Several actions, if done in North Carolina, will be used as indicators of intent to remain in the State. The following acts are examples of what may serve as evidence of residentiary intent:
1. Paying North Carolina state taxes;
2. Having a North Carolina driver’s license;
3. Having one’s car registered and licensed in the State;
4. Voter registration;
5. Owning a house or land in N.C.;
6. Employment in N.C.;
7. Having bank accounts in the State;
8. Spending substantial time in the State during vacations and holidays;
9. Maintaining social and business relations in the State;
10. Parents are residents in the State (will be used as a factor even if the student is over 18-years old (GS 116-143.1(e));
11. Serving on jury duty.
Factors generally unfavorable to students attempting to establish in-state residency include:
1. Student does any of the activities listed above in another state (such as maintaining a driver’s license in another state, owning a house in another state, etc.);
2. Student first begins living in North Carolina only after enrolling in a public university;
3. Student lives in the State only while in school and returns to another state during vacations and holidays;
4. A parent or someone outside North Carolina provides financial support;
5. Student leaves permanent possessions in another state and only brings to North Carolina what is necessary for temporary stay.
Legal residence also requires that the student have the legal capacity to remain permanently in North Carolina. For persons who are not U.S. citizens, the visa classification is important to legal capacity for residency. Persons who hold immigrant visas usually have the capacity to remain permanently in NOrth Carolina, as do persons who hold a "green card" (Form l-151 or l-551). Some non-immigrant visas may be suitable to establish capacity for North Carolina residency. However, the following visa categories are legally incapable of qualifying for North Carolina residency: B, C, D, F, J, M, P, Q, and S. Persons with those types of visas will have to pay out-of-state tuition.
III. Twelve Month Qualifying Period:
Once "legal residency" is established, the student must show that she/he has maintained legal residency in North Carolina for at least 12 months (GS 116-143.1(b)). This includes both the physical presence requirement and that during the 12 months the student had a good faith intention of establishing permanent residency. A student must meet the 12-month requirement before the beginning of the semester to qualify for in-state tuition. For example, if the student meets the 12-month requirement in the middle of the fall semester, the student will be eligible for in-state tuition in the following spring semester, but not the current semester.
IV. Exceptions:
In some instances, students may be eligible for in -state tuition without fulfilling the residency requirements, or for tuition waivers:
1. Active duty members of the armed services are charged in-state tuition while abiding in North Carolina incident to active military duty in this State. This applies to reservists too. "Abiding" means living here, even without intent to make it one's permanent home. If subsequently reassigned outside N.C., the members continues to receive in-state tuition as long as the member remains continuously enrolled in the degree or other program he/she was in prior to reassignment. (GS 116-143.3(a) and (b));
2. A dependent relative who shares the abode of the member of the armed services who is in N.C. on active duty will also receive in-state tuition. Individuals who are dependents of military personnel and live with that member of the military while the member is stationed in N.C. (GS 116-143.3 (c));
3. A legal resident will not lose residency status due to service in the military at locations outside of N.C. (GS 116-143.1(h)) .
4. Under GS 115B-2, tuition waivers apply to N.C. residents over 65, and to survivors of law enforcement officers, firefighters, and rescue workers who die or are disabled in the line of duty.
5. A non-resident who marries a resident, and also becomes a legal resident himself/herself, accedes to the spouse's residency time in N.C. for purposes of satisfying the 12-month requirement. (GS 116-143.1 (g)) .
6. If a student establishes residency for tuition purposes, then loses it while enrolled in a State institution of highter education, he or she has a 12-month grace period (extended to the end of any term in which he/she is enrolled) for in-state tuition. (GS 116-143.1 (i));
7. When a legal resident ceases to be enrolled at an institution of higher education, and then abandons North Carolina domicile, he or she may reenroll at an institution of higher education as a resident for tuition purposes without meeting the 12-month durational requirement if the person reestablishes North Carolina domicile within 12 months of abandonment of North Carolina domicile and continuously maintains the reestablished North Carolina domicile at least through the beginning of the academic term(s) for which in-State tuition status is sought. (GS 116-143.1 (l)) .
V. Procedures: Responsibilities of the Individual Seeking In-State Residency:
The Admissions Office will initially classify each student as either eligible for in-state tuition or ineligible. The student has the responsibility of providing information to determine her/his classification of residency (see GS 116-143.1(d)).
A student’s initial classification when enrolled may subsequently change if the student circumstances change. The student then has the responsibility of petitioning the University for a change in status before a new semester begins. Both graduate and undergraduate students must complete a "Resident-and-Tuition Status Application." These forms are available from the Undergraduate Admissions office (#919 515-2434). Graduate students must also fill out a Graduate School NC Residency Form. Along with the application, students must include copies of the following:
1. N.C. driver’s license;
2. N.C. vehicle registration;
3. N.C. voter registration;
4. N.C. and federal income tax returns;
5. Wage earning statements from all jobs held for the current year;
6. Listing of personal property taxes;
7. Student-loan agreements, financial aid forms, and so forth, if applicable;
8. A marriage certificate if residency is being based upon a spouse’s residency acts, and copies of those acts;
9. For non-United States citizens, a residence Supplemental Status Form (available in 106 Peele Hall) accompanied by copies, both front and back, of an individual’s approval for permanent residence status showing the date of adjudication by the Immigration and Naturalization Service or other document provided by INS.
Processing will take approximately two weeks. The student must provide enough favorable information to show by a "preponderance of the evidence" (or 51% of the evidence) that the student has fulfilled the requirements to receive in-state tuition. A student may appeal a determination to the Residency Appeals Committee (#919-515-3151) and subsequently to the State Residency Committee (#919-962-1000).
The University may also initiate an investigation if there is reason to believe a change has occurred that could alter a student’s classification to "non-resident." The student is responsible for providing the University with any new information that could change her/his residency status. Failure by a student to provide such information could lead to disciplinary action such as cancellation of registration and enrollment.
VI. Additional Information
For more information, contact the office of Undergraduate Admissions, 112 Peele Hall, Box 7103, Raleigh, NC 27695-7103 (# 919-515-2434), and see the Admissions Office web site. For graduate student information, information on changing driver’s license, taxes, voter and vehicle registration, see the Graduate School web page concerning tuition.