Establishing Virginia In-State Residency
NOTE: In response to recent concerns regarding whether an applicant or student may secure in-state tuition if a parent is undocumented, SCHEV provides the following assurance: State policy establishes that no US citizen shall be denied in-state tuition at a Virginia public institution of higher education due solely to the legal status of the individual's parent(s). SCHEV supports access and affordability in higher education and the minimization of any barriers inhibiting the enrollment of residents of the Commonwealth. To this end, SCHEV is working to strengthen its institutional domicile guidelines regarding these and other similarly-situated students.
Please be aware that institutions are required by law to presume that dependent applicants and students have the domicile of their supporting parent; therefore, the in-state tuition review for such individuals always begins with the parent’s domicile, which requires inquiry as to the basis for residing in the country (legal status). However, if a parent is not a citizen, is not a permanent resident, or otherwise does not have a visa that permits domicile, then an applicant or student may still be eligible for in-state tuition through his or her own domicile. In such cases, SCHEV encourages individuals to contact directly the domicile officer of their attending institution to discuss available options.
General Description and Purpose
Virginia domicile is important for students at Virginia public and private institutions. Generally, state financial aid programs and in-state tuition are reserved for Virginia domiciliaries. This page is designed to introduce students and parents to key concepts concerning domicile. Specific inquiries about domiciliary determination should be directed to the institution a student plans to attend. Read the full guidelines for in-state residency and tuition.
An individual must demonstrate residence in Virginia and an intent to remain in Virginia indefinitely to establish domicile in Virginia. After meeting the requirements to establish domicile, a person must continue to be domiciled in Virginia for at least 12 months preceding the first day of classes.
Several factors are used to determine if a person demonstrates 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 in Virginia
- Employment in Virginia postgraduation
- Military records
Dependent and Independent Students
A dependent student is a student who receives substantial financial support from his or her parents or legal guardian. A college or university in Virginia will consider the supporting parents' domicile to determine if a dependent student is eligible for in-state tuition or state financial aid programs.
If you are under age 24 on the first day of classes, an institution will presume you are a dependent student unless you: are married; are a veteran or active-duty member of the U.S. armed forces; are a graduate or first-professional student; are a ward of the court or were a ward of the court until age 18; have no adoptive or legal guardian when both parents are deceased;or have legal dependents other than a spouse.
If a student under the age of 24 who wishes to be considered independent, then he must be able to demonstrate, via clear and convincing evidence to the institution, that his parents have surrendered the right to his care, custody, and earnings, do not claim him as a dependent on federal or state income tax returns, and have ceased to provide him substantial financial support.
A married person may establish domicile like any other student. A person's domicile is not automatically altered by marriage. However, if a student receives substantial financial support from his or her spouse, the student may claim domicile through the spouse. In such cases, the college or university will look at the spouse's domicile to determine if the student is eligible for in-state tuition or state financial aid programs. You must inform the institution if you wish to claim domicile through your spouse.
Military Members, Spouses, and Dependents
To encourage members of the U.S. military to establish Virginia domicile, the one year of continuous domicile is not required for military members and for dependent spouses and children claiming domicile through the military member. To initiate payment of Virginia income taxes, military members should contact their military pay offices.
The spouse of a military member may qualify for in-state tuition by establishing Virginia domicile, by claiming dependency on the military member who has established Virginia domicile, or through the military exception provision. These provisions are detailed on our military education webpage. If you, your spouse, or parent is a member of the military, contact the institution you are interested in attending for more information.
The fact that an individual is a citizen of another country does not automatically disqualify that person from establishing domicile in Virginia. If you are not a U.S. Citizen you will need to present your immigration documentation to the institution. Students unable to present valid, current INS documentation of their legal status cannot demonstrate domicile.
Other Ways to Qualify for In-State Tuition
If you are a student at a public institution and you do not establish domicile in Virginia, you might still qualify for in-state tuition if you are: a student who lives outside Virginia but who works or whose parent works in Virginia; a student participating in a degree program included in the Academic Common Market; 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; or a student attending college through a special arrangement contract entered by your employer and the institution you plan to attend. The institution may charge eligible students a contract rate higher than the actual in-state tuition rate but lower than the out-of-state tuition rate. To learn more about how your circumstances affect your eligibility to establish domicile, please contact the college or university you plan to attend.