In-State Residency

General Description and Purpose

Virginia Domicile is important if you are looking to attend a college or university in Virginia. Generally, state financial aid programs and in-state tuition are reserved for Virginia domiciled residents. Make sure to familiarize yourself with the guidelines for in-state residence and tuition. Specific questions about domiciliary determination should be directed to the college or university you plan to attend.

Basic Requirements

You must prove legal residence in Virginia with an intent to remain in Virginia indefinitely in order to establish domicile. After you meet the requirements to establish domicile, you must remain domiciled in Virginia for at least 12 months from the first day of class at your college or university.

Domiciliary Intent

Several factors are used to determine if you demonstrate intent to remain in Virginia indefinitely. A college or university may ask for information from you or your parents about any of the following factors:

• 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

Dependent and Independent Students

A dependent student is one who receives substantial financial support from their parents or legal guardian. This means that a college or university in Virginia will consider your supporting parents' domicile to determine if you, as a dependent student, are eligible for in-state tuition or state financial aid programs.

If you are under the age of 24 on the first day of classes, a college or university will assume that you are a dependent student unless you are:

• Married
• A veteran or active-duty member of the U.S. armed forces
• A graduate or first-professional student*
• A ward of the court or were a ward of the court until age 18
• Without adoptive parents or legal guardians if both parents are deceased
• Have legal dependents other than a spouse.

*First-professional degrees represent a category of qualifications in professional subject areas that require students to have previously completed specified undergraduate coursework and/or degrees before enrolling. They are considered graduate-level programs in the U.S. system because the follow prior undergraduate studies, but they are in fact first degrees in these professional subjects.

If you are under the age of 24 and wish to be considered independent, then you must be able to demonstrate with clear and convincing evidence that your parents have:

• Surrendered right to your care, custody and earnings
• Do not claim you as a dependent on their federal or state income tax returns
• Have ceased to provide you with substantial financial support

Married Students

A married person may establish domicile like any other student. Your domicile is not automatically altered by marriage; however, if you receive substantial financial support from your spouse, you may claim domicile through them. In such cases, colleges and universities will look at your spouse’s domicile to determine if you are eligible for in-state tuition or state financial aid programs. You must inform your college or university if you wish to claim domicile through your spouse.

Military Members, Spouses and Dependents

To encourage the establishment of Virginia domicile, the requirement to have one year of continuous domicile is not required for U.S. military members, their spouses and children who claim domicile through them. To initiate payment of Virginia income taxes as required for establishing Virginia domicile, military members should contact their military pay offices.

If the military member chooses not to establish domicile in Virginia, there are several federal and state exceptions that allow the member or dependents to access in-state tuition. Spouses of military members may qualify for in-state tuition by establishing Virginia domicile, by claiming dependency on the military member who has established Virginia domicile or through a military exception provision.

Make sure to review these military exception provisions. If you, your spouse or your parent is a member of the military, contact your college or university (or prospective college or university) for more information.

Non-citizens

Being a citizen of another country does not automatically disqualify you from establishing domicile in Virginia. If you are not a U.S. Citizen or U.S. National, you will need to present your immigration documentation to the college or university. If you are unable to present valid, current INS documentation of your legal status, you will be unable to demonstrate domicile.

Tuition Equity Provision for High School Completers

Virginia’s newest in-state tuition qualification is reserved for high school completers and is often referred to as the Tuition Equity Provision. Please note that under this provision, the legal status of your parent is not important. The basic provisions require that you:

• Do not have a current, valid student (F), trainee (H3), exchange visitor (J) or vocational (M) visa
• Attended at least two years of high school in Virginia.
• Completed high school requirements (high school graduation or complete GED) in Virginia, on or after July 1, 2008.
• File Virginia income tax for at least two years (if you are a dependent, your parents must file Virginia income tax for at least two years)
• Register into a Virginia public college or university.

For more information, contact your college or university’s domicile officer.

Additional Paths to In-State Tuition are Available to...

• A student who lives outside Virginia but who works or whose parent works in Virginia.
• A student who is active-duty military residing within the Commonwealth
• A student who is a veteran and residing within the Commonwealth
• A student who is a surviving spouse and residing within the Commonwealth
• A student who is a foreign service officer residing within the Commonwealth for at least 90 days
• A student who is a refugee or has received a Special Immigrant Visa
• A student participating in a degree program included in the Academic Common Market
• A student participating in certain foreign exchange programs.
• A high school student who is in a dual-enrollment program at a community college
• A University of Virginia's College at Wise student who resides in Kentucky and who lives within 50 miles of the University of Virginia's College at Wise
• A student attending college through a special arrangement contract between their employer and attending college or university. The college or university may charge eligible students a contract rate higher than the actual in-state tuition rate but lower than the out-of-state tuition rate.

More information about these additional paths and detailed requirements can be found in the Summary of In-State or Reduced Tuition Provisions.

To learn how your circumstances affect your eligibility to qualify for in-state tuition, please contact the college or university you plan to attend.