Establishing In-State Residency
Public universities have non-resident tuition rates that are much higher than in-state resident tuition rates. This is due to the idea that residents deserve cheaper tuition due to tax contributions that support the state’s higher education costs. States set their own rules on deciding what is considered in-state residency for tuition purposes and in some states, each university interprets those rules differently. Therefore, qualifying for residency at one school does not always mean a student would qualify in another college in the same state – unless the residency requirements are consistent for the entire university system.
Out-of-state students may petition for in-state residents by proving domicile and some degree of financial independence. Domicile means more than just having a physical address in the state, it also requires proving physical presence and intent. Most schools require physical presence documentation proving that a student has a true, fixed, and permanent home in the state. Intent refers to students’ current and future intention of remaining in that state. Each state has different documentation requirements to prove these two key aspects of domicile. Proving financial independence may vary depending on the state/university in question, but in most cases tax independence (i.e., student may not be claimed as a dependent for tax purposes) is required.
For more information on the documentation needed to petition for in-state residency, review your state’s requirements below.
Access scholarship opportunities, resources, lessons, and events throughout the entire law school journey with MAX Pre-Law by AccessLex® for aspiring law students and MAX by AccessLex® for current law students. Get started for free in Ask EDNA!® – The Education Network at AccessLex.
Definitions:
- "Domicile" refers to a person's true, fixed, and permanent home and place of habitation to which that person intends to permanently remain.
- "Physical Presence" is often proven with various documentation that supports students living in the state as their true fixed, and permanent home.
- "Intent" refers to students' current and future plans to remain a state. Once designated as an out-of-state student, the presumption is that the student is only in the state solely/primarily to attend school.
Find Your State
Alabama
Alabama
Flagship School: University of Alabama
Residency Requirement Quick Summary: Demonstrates physical presence in the State of Alabama for at least one year, employed as a Graduate Assistant, Employee of the University of Alabama
Domicile/Physical Presence Documentation:
- A specific address or location within the State of Alabama is their primary established domestic domicile; and
- The specific address or location within the State of Alabama has been their domestic domicile for at least one year preceding the first day of classes of the academic term in question; and
- They intend to remain there indefinitely, as established by having more substantial connections to Alabama than to any other state; and
- They have not come to the state primarily for the purpose of education. Students who are currently enrolled in a full-time course load or who have been enrolled in a full-time course load within the last year are presumed to be in Alabama solely for the purpose of education, and therefore, will not be considered for reclassification.
Alaska
Alaska
Flagship School: University of Alaska, Fairbanks
Residency Requirement Quick Summary: Physically present in Alaska for at least one year, dependent children of an Alaska resident by the most current federal income tax return filed within the past 16 months, Military personnel on active duty (spouses, children too), Students that received a State of Alaska permanent fund dividend within the past twelve months and certify they have been in Alaska for the past 12 months
Domicile/Physical Presence Documentation:
- Prove that the student moved household goods to Alaska at least one year ago.
- The student’s lease, rental, or ownership of real property in Alaska for at least the prior one year.
- The student’s permanent employment in Alaska for at least the prior one year.
- Other indicia of Alaska residency for the prior one year deemed satisfactory by the Major Administrative Unit (MAU) chief enrollment officer or designee.
Arkansas
Arkansas
Flagship School: University of Arkansas
Residency Requirement Quick Summary: Must have domicile in Arkansas for at least six consecutive months prior to submission of application, must establish domicile in Arkansas and reside continuously for at least six consecutive months prior to seeking reclassification
California
California
Flagship School: University of California, Berkeley
Residency Requirement Quick Summary: Establish physical presence in California for one full year and demonstrate clear intent to make California your permanent home.
Domicile/Physical Presence Documentation:
- Remain in California when school is not in session.
- Register to vote and vote in California elections.
- Designate your California address as permanent on all legal matters such as school and employment records, including current military records, taxes, bank statements, etc.
- Obtain a California driver's license within 10 days of settling in California, and no later than the campus deadline. (Non-drivers must obtain a California identification card.)
- If you own a car, obtain a California motor vehicle registration within 20 days of settling in California.
- Work in California and file California resident income tax returns effective from the date of residency in the state. Income earned outside of California after that date must also be declared in California.
- Surrender all out-of-state identification (including driver's license).
- Establish a permanent home in California where your belongings are kept.
- Obtain a license for professional practice in California, if applicable.
Colorado
Colorado
Flagship School: University of Colorado, Boulder
Residency Requirement Quick Summary: Establish a Colorado domicile for at least 12 consecutive months immediately before the start of a semester, intent to remain in the state permanently with evidence
Connecticut
Connecticut
Flagship School: University of Connecticut
Residency Requirement Quick Summary: Prove physical presence, have intent to remain, 12 months of domicile immediately before the semester applied
Domicile/Physical Presence Documentation:
- Applying as an emancipated student using your own information
- Applying as an unemancipated student using your parental or legal guardian information
- Applying as a Connecticut high school graduate
- Applying with spousal information
- Applying with military orders
Delaware
Delaware
Flagship School: University of Delaware
Residency Requirement Quick Summary: Establish domicile in the state for at least 12 months, demonstrating clear intent to remain a permanent resident
Domicile/Physical Presence Documentation:
- A filed Delaware resident income tax return showing that the person on whom the classification depends has paid Delaware income tax on all taxable income, including all taxable income earned outside Delaware, and
- A federal tax return showing Delaware as the state of domicile of the applicant (if the applicant is a financially independent applicant) or the person on whom the classification depends (if the applicant is a dependent applicant).
Florida
Florida
Flagship School: University of Florida
Residency Requirement Quick Summary: Establish legal domicile in Florida, maintaining a permanent resident for at least 12 consecutive months
Georgia
Georgia
Flagship School: University of Georgia
Residency Requirement Quick Summary: Establish and maintain domicile in Georgia for at least 12 consecutive months before the first day of classes, demonstrate domicile for more than just attending school
Hawaii
Hawaii
Flagship School: University of Hawai’i, Mānoa
Residency Requirement Quick Summary: Been a resident of Hawaii for at least 12 consecutive months prior to the first day of the semester, not been claimed as a dependent by a parent who is not a Hawaii resident, and demonstrated intent to permanently reside in Hawaii
Domicile/Physical Presence Documentation:
- State of Hawaii personal income tax, filing as a resident
- State of Hawaii Voter Certificate
- State of Hawaii General Excise License
- Employment verification
- Bank account active in Hawaii.
- Lease agreement
- Proof of property ownership
- Other documents as needed
Idaho
Idaho
Flagship School: University of Idaho
Residency Requirement Quick Summary: Establish domicile in Idaho which involves continuously residing in the state for at least 12 consecutive months before the term you are seeking residency for reclassification.
Domicile/Physical Presence Documentation:
- Student is not a dependent of parent/legal guardian, has continuously resided in and can demonstrate maintenance of a bona fide Idaho for non-educational purposes for at least 12 months prior to the term applying for residency.
- Graduate of Idaho high school: Student graduated from an accredited high school in Idaho, is domiciled in Idaho and begins college within eight years immediately following high school graduation.
- Student completed six years of elementary or secondary school in Idaho, is domiciled in Idaho and begins college within eight years immediately following high school graduation.
- Student is married to a person who is classified, or eligible for classification, as an Idaho resident for the purposes of attending an Idaho public institution. Spouse must demonstrate maintenance of a bona fide domicile* in Idaho for at least 12 months prior to the term applying for residency. *If the student has been enrolled full-time during the prior 12 months, then residency must be based on self under the Independent Student pathway 2.
- Any independent student, spouse or parent/guardian of a dependent student who meets one of the following criteria. Armed forces include U.S. Army, Navy, Air Force, Marine Corps, Coast Guard and the reserve forces of those groups. It does not include related civilian employees.
- Member of Armed Forces who entered service as an Idaho resident, has maintained Idaho resident status, but is stationed outside of Idaho on military orders
Illinois
Illinois
Flagship School: University of Illinois, Urbana-Champaign
Residency Requirement Quick Summary: Establish a domicile in Illinois for at least 12 consecutive months before the first day of the academic term. Demonstrate residency with various documents
Iowa
Iowa
Flagship School: University of Iowa
Residency Requirement Quick Summary: Must demonstrate permanent domicile in Iowa for at least 90 days prior to the start of the term, relying on Iowa resources for financial support, and not solely for education purposes
Domicile/Physical Presence Documentation:
- A statement from the student describing employment and expected sources of support.
- A statement from the student’s employer;
- A statement from the student’s parents verifying nonsupport and the fact that the student was not
- listed as a dependent on tax returns for the past year and will not be so listed in future years;
- A statement from the student’s spouse related to sources of family support, length of residence in
- Iowa, and reasons for being in the State of Iowa;
- Supporting statements from persons who might be familiar with the family situation;
- Iowa State income tax return.
Kansas
Kansas
Flagship School: University of Kansas
Residency Requirement Quick Summary: Must have lived in the state for at least 365 days (one year) prior to the first day of classes, establish financial support from Kansas sources, and demonstrate a clear intent to remain in Kansas indefinitely for reasons other than education
Domicile/Physical Presence Documentation:
- Continuous presence in Kansas, except for brief temporary absences, during periods when not enrolled as a student
- Employment in Kansas
- Payment of Kansas state individual income taxes
- Reliance on Kansas sources for financial support
- Commitment to an education program that indicates an intent to remain permanently in Kansas
- Acceptance of an offer of permanent employment in Kansas
- Admission to a licensed practicing profession in Kansas
- Ownership of a home in Kansas
Kentucky
Kentucky
Flagship School: University of Kentucky
Residency Requirement Quick Summary: Establish domicile in the state by living in Kentucky for at least 12 consecutive months prior to enrollment.
Louisiana
Louisiana
Flagship School: Louisiana State University
Residency Requirement Quick Summary: Establish domicile in the State of Louisiana for at least one continuous year immediately before the start of the academic term, demonstrating intent to remain a resident
Domicile/Physical Presence Documentation:
- Unless otherwise provided for in this Permanent Memorandum, the campus decision on a student’s residency classification for tuition purposes, made in accord with the regulations and procedures set forth herein, shall be fixed for the duration of enrollment.
Maine
Maine
Flagship School: University of Maine
Residency Requirement Quick Summary: Must establish domicile for at least 12 consecutive months prior to enrollment, with the primary purpose being other than education.
Maryland
Maryland
Flagship School: University of Maryland, College Park
Residency Requirement Quick Summary: Must demonstrate intent to establish a permanent domicile in Maryland for at least 12 consecutive months prior to the semester for which you are seeking in-state status
Domicile/Physical Presence Documentation:
- Have continuously maintained primary living quarters in Maryland.
- Have substantially all personal property, such as household effects, furniture, and pets, in Maryland.
- Have paid Maryland income tax on all taxable income, including all taxable income earned outside Maryland, and have filed a Maryland Resident Tax Return. If you are a dependent for tax purposes, then the person who claims you as a dependent shall have paid Maryland income tax on all taxable income, including all taxable income earned outside Maryland, and filed a Maryland Resident Tax Return.
- Have registered all owned or leased motor vehicles in Maryland for at least 12 consecutive months, if previously registered in another state.
- Students who have lived in Maryland for at least 12 consecutive months but who have had their motor vehicle(s) registered in Maryland for less than 12 months will be deemed to have satisfied this requirement if they can show evidence that their owned or leased motor vehicle(s) was (were) registered in Maryland within 60 days after moving to the State in accordance with Maryland Motor Vehicle Administration requirements.
- Have possessed a valid Maryland driver’s license for at least 12 consecutive months, if previously licensed to drive in another state. Students who have lived in Maryland for at least 12 consecutive months but who have held a Maryland drivers’ license for less than 12 months will be deemed to have satisfied this requirement if they can show evidence that their driver’s license was issued in Maryland within 60 days after moving to the State in accordance with Maryland Motor Vehicle Administration requirements.
- Receive no public assistance from a state other than the State of Maryland or from a city, county, or municipal agency other than one in Maryland.
- Have the ability under Federal and Maryland law to live permanently and without interruption in Maryland.
Massachusetts
Massachusetts
Flagship School: University of Massachusetts, Amherst
Residency Requirement Quick Summary: Must establish domicile by maintaining a permanent home in the State for at least 12 months immediately preceding enrollment, demonstrating clear intent to remain a resident, and showing financial independence or your relationship to a qualifying parent or legal guardian
Domicile/Physical Presence Documentation:
Michigan
Michigan
Flagship School: University of Michigan, Ann Arbor
Residency Requirement Quick Summary: Must establish domicile in the State by establishing a permanent residence, maintaining a continuous presence for at least one year, and demonstrating your intent to remain in Michigan permanently
Domicile/Physical Presence Documentation:
- Both of your parents or parents-in-law (or in the case of divorce, one parent or parent-in-law) are permanent legal residents of Michigan as demonstrated by permanent employment in the State,
- Establishment of a primary household in Michigan, and severance of out-of-state ties. You must also show that you have severed all out-of-state ties that suggest another state is your legal residence.
- You are employed in Michigan in a full-time, permanent position, your employment is the primary purpose for your or your family’s presence in the State, and you have severed any out-of-state ties that suggest another state is your legal residence.
- Your spouse or partner is employed in Michigan in a full-time, permanent position, your spouse or partner’s employment is the primary purpose for your family's presence in the State, and you have severed all out-of-state ties that suggest another state is your legal residence.
Minnesota
Minnesota
Flagship School: University of Minnesota, Twin Cities
Residency Requirement Quick Summary: Must be a U.S. citizen or permanent resident who has established a domicile in the state for at least one full calendar year before the start of classes, with the primary intention not being solely to attend school
Mississippi
Mississippi
Flagship School: University of Mississippi
Residency Requirement Quick Summary: Must establish legal residency by proving domicile for at least 12 continuous months before the start of the academic term, with the intention of remaining in the state indefinitely and not primarily for educational purposes
Missouri
Missouri
Flagship School: University of Missouri, Columbia
Residency Requirement Quick Summary: Must establish residency by living in the state for at least 12 consecutive months with the intent to remain
Domicile/Physical Presence Documentation:
- If you wish to apply for residency in the fall semester, you’ll need documentation from August to August. If you’re going to apply for residency beginning in the Spring Semester, the documented period is from January to January. The Summer Semester documentation period goes from June to June. See the application for specific dates.
Montana
Montana
Flagship School: University of Montana
Residency Requirement Quick Summary: Must establish domicile by having continuous physical presence in the state for at least 12 consecutive months, with the intent to remain a resident, without being enrolled in classes more than half-time during that period and without being claimed as a dependent on a non-resident parent's taxes
Domicile/Physical Presence Documentation:
- Students cannot meet the domicile test for Montana residency for tuition purposes if they:
- Attend a non-Montana-based school as a resident of the state where the school is located;
- Pay taxes in another state as a resident of that state;
- Maintain an out-of-state driver’s license or identification card;
- Maintain a vehicle registration from another state for a vehicle owned or operated in Montana;
- Maintain voter registration in another state; or
- Hold a visa or other classification that does not allow permanent residence in the United States.
Nebraska
Nebraska
Flagship School: University of Nebraska, Lincoln
Residency Requirement Quick Summary: Must establish a permanent home in the state for at least 12 consecutive months before enrollment and demonstrate clear intent to make Nebraska your permanent residence.
Domicile/Physical Presence Documentation:
- Current enrollment at an institution of higher education is considered in the review process and may preclude a student from receiving residency for tuition purposes.
- Failure to enroll/register for the term for which residency is sought or taking a break from classes for more than two years will result in the cancellation of the residency application and any approved resident status.
- Visiting students must reapply for residency each term.
- It is recommended that the applicant enroll in classes and pay any tuition while waiting for the residency application to be processed. This will enable the applicant to enroll in the classes needed to maintain progress in an academic program, as well as avoid late payment fees. The student is responsible for any late fees, regardless of the approval of residency status.
Nevada
Nevada
Flagship School: University of Nevada, Las Vegas
Residency Requirement Quick Summary: Must be a U.S. resident who has been financially independent and has lived in Nevada for at least 12 consecutive months with the intent to make Nevada your permanent home
New Hampshire
New Hampshire
Flagship School: University of New Hampshire
Residency Requirement Quick Summary: Must establish legal domicile by physically residing in the state for at least 12 continuous months prior to the start of the academic term, and the purpose of your presence must be for reasons other than attending the college
New Jersey
New Jersey
Flagship School: Rutgers University
Residency Requirement Quick Summary: Must be a US citizen or permanent resident who has legally domiciled in the state for at least 12 months prior to enrollment
Domicile/Physical Presence Documentation:
- A completed Residency Analysis Form (PDF).
- A certified New Jersey resident income tax return from the year prior to the student’s enrollment.
- A copy of a New Jersey driver's license or non-driver ID, a New Jersey motor vehicle registration, and a copy of a lease or deed to a New Jersey home.
New Mexico
New Mexico
Flagship School: University of New Mexico
Residency Requirement Quick Summary: Must reside in the state for 12 consecutive months immediately preceding the term for which you are requesting residency, demonstrate financial independence (if under 23) and provide a written declaration of intent to become a New Mexico resident. You must then provide supporting documents.
Domicile/Physical Presence Documentation:
- If the applicant is financially dependent, a copy of the parent or guardians’ previous year income tax showing the applicant as a dependent and the parent address as New Mexico; or
- New Mexico high school transcript issued in the past year confirming attendance at a New Mexico public or private high school within the past 12 months; or
- Transcript from an online high school showing a New Mexico address confirming attendance within the past 12 months; or
- New Mexico driver’s license or ID card with an original date of issue or a renewal date issued prior to the first day of the term or semester; or
- Proof of payment of New Mexico state income tax for the previous year; or
- Evidence of employment within the state of New Mexico; or
- New Mexico vehicle registration; or Voter registration in New Mexico; or Proof of residential property ownership in New Mexico; A rental agreement within New Mexico; or Utility bills showing the applicant’s name and a New Mexico address; or other evidence which would reasonably support the individual’s intent to establish and maintain New Mexico residency.
New York
New York
Flagship School: SUNY, University at Buffalo
Residency Requirement Quick Summary: Establish a domicile by maintaining a permanent home in the state for at least 12 months before the semester begins, proving your intent to stay permanently
Domicile/Physical Presence Documentation:
- Duration of physical presence in New York.
- State of residency of the student's family.
- New York State voter registration.
- New York State driver's license.
- New York State motor vehicle registration.
- New York State real property ownership.
- New York State residential rental lease.
- New York State income tax returns.
North Carolina
North Carolina
Flagship School: University of North Carolina, Chapel Hill
Residency Requirement Quick Summary: Prove domicile for at least 12 consecutive months before the start of the academic term, demonstrate the intent to make North Carolina your permanent home for reasons other than attending college, and have established a physical presence in the state
Domicile/Physical Presence Documentation:
- Physical presence qualifying documents: See North Carolina Residency Determination Service
North Dakota
North Dakota
Flagship School: University of North Dakota
Residency Requirement Quick Summary: Establish domicile with intent to live in North Dakota permanently or indefinitely Maintaining North Dakota residency for at least 12 consecutive months
Ohio
Ohio
Flagship School: The Ohio State University
Residency Requirement Quick Summary: Establish residency, requiring at least 12 months of continuous residency immediately before enrollment, along with demonstrating an intent to remain in Ohio
Oklahoma
Oklahoma
Flagship School: University of Oklahoma
Residency Requirement Quick Summary: Must establish legal residency by living in the State continuously for at least 12 months with the intent to make Oklahoma your permanent home, not just for your education
Oregon
Oregon
Flagship School: University of Oregon
Residency Requirement Quick Summary: Establish domicile in Oregon for at least 12 consecutive months prior to the term for which you're seeking residency, be financially independent and not residing in Oregon primarily for your education
Pennsylvania
Pennsylvania
Flagship School: Pennsylvania State University
Residency Requirement Quick Summary: Establish residency, requiring at least 12 continuous months prior to enrollment, demonstrating permanent intent to reside in the state through evidence. Must be a U.S. citizen.
Domicile/Physical Presence Documentation:
- Lease or property ownership.
- State and local tax filing
- Transfer of bank accounts, stock, automobile, and other registered property
- Driver’s license, voter registration,
- Full-time employment in Pennsylvania
- Continuous presence
- Membership in Pennsylvania social, athletic, civic, political, and/or religious organizations
Rhode Island
Rhode Island
Flagship School: University of Rhode Island
Residency Requirement Quick Summary: Must establish domicile for the unemancipated student, the domicile will be that of the parents and/or guardians (with the exception of individuals qualifying for federal GI Bill benefits, For the emancipated student, the domicile will be that of the student.
South Carolina
South Carolina
Flagship School: University of South Carolina, Columbia
Residency Requirement Quick Summary: Establish domicile for at least 12 consecutive months, demonstrating with intent to reside permanently through documentation
South Dakota
South Dakota
Flagship School: University of South Dakota
Residency Requirement Quick Summary: Establish domicile for at least 12 consecutive months, demonstrating intent to reside permanently through documentation
Tennessee
Tennessee
Flagship School: University of Tennessee, Knoxville
Residency Requirement Quick Summary: Must establish Tennessee domicile by physically living in the state with the intent to make it your permanent home, not primarily for educational purposes. Must be a US citizen.
Texas
Texas
Flagship School: University of Texas, Austin
Residency Requirement Quick Summary: Must establish Texas residency by living in the State for at least 12 consecutive months immediately before the semester you enroll and demonstrate intent to remain in Texas permanently. Must be a U.S. citizen.
Domicile/Physical Presence Documentation:
- Have sole or joint-marital ownership of residential real property in Texas which is your primary residence.
- Ownership and customary management of a business in Texas which is regularly operated without the intention of liquidation for the foreseeable future.
- Gainful employment that is sufficient to provide at least one-half of the individual’s tuition, fees, and living expenses or that represents an average of at least 20 hours of employment per week.
- Marriage to a person who has resided and maintained domicile (items a-c above) in Texas.
Utah
Utah
Flagship School: University of Utah
Residency Requirement Quick Summary: Establish domicile by living in the state for at least 12 continuous months immediately before applying for admission, or be married to a Utah resident, be a dependent of a Utah resident, or have another specific exemption
Virginia
Virginia
Flagship School: University of Virginia
Residency Requirement Quick Summary: The primary path is through establishing domicile, meaning that Virginia is the person’s permanent legal home state, where he intends to remain indefinitely with no plans or expectations to leave and where he maintains ties even during prolonged absences.
Domicile/Physical Presence Documentation:
- State to which income taxes are paid
- Voter registration and actual voting
- Driver's license
- Motor vehicle registration
- Continuous residence in Virginia
- Social and economic ties
- Ownership of real property
- Sources of financial support
- Current employment
- Post-graduation employment in Virginia
- Military records
Washington
Washington
Flagship School: University of Washington
Residency Requirement Quick Summary: Must establish a domicile (residence) in Washington for at least 12 consecutive months for a primary purpose other than education. You'll need to demonstrate significant ties to Washington.
West Virginia
West Virginia
Flagship School: University of West Virginia
Residency Requirement Quick Summary: Must establish domicile in the State by demonstrating a continuous presence of at least 12 months prior to the start of classes and proving your intent to remain a West Virginia resident, not just for educational purposes
Domicile/Physical Presence Documentation:
- Application for Classification as a Resident Student at West Virginia University
- Tax forms
- Driver’s license
- Possible personal interview
Wyoming
Wyoming
Flagship School: University of Wyoming
Residency Requirement Quick Summary: Must establish a permanent home, or domicile, in Wyoming for at least one full year before enrolling, and demonstrate that this domicile was for reasons other than solely attending college.