Skip to content
 
Office of the Registrar  

Frequently Asked Questions

How do I qualify as an in state resident for tuition purposes?

Residency for tuition purposes is governed by Article 14 of Chapter 116 of the North Carolina General Statutes. Many people who live in (or are residents of) North Carolina may not qualify under the statute as having established a permanent bona fide domicile for tuition purposes. In order to qualify as a resident of North Carolina for tuition purposes one must satisfy two requirements: first, one must have established legal residence ("domicile") in North Carolina, and second, one must have maintained that legal residence for at least 12 months before applying for classification as a North Carolina resident. There are numerous factors which must be considered in determining whether or not an individual is a resident for tuition purposes. See Domicile.

How can I show I intend to live in North Carolina permanently?

You are the only one who knows your true intent and thus, you have the burden of proving your legal residence. Others must rely on your actions as evidence of your intent. School administrators must be able to conclude (from the information obtained from the student and other sources) that the conduct of the student, taken as a whole, demonstrates the student's intent to make North Carolina the student's permanent dwelling place, rather than residence in the state for the purpose of attending college. This conclusion does not come from any single action, but from a cluster of events which must produce a preponderance of evidence supporting the assertion of in-state residence. The accumulation of this information should be such that there is a point at least 12 months prior to the residentiary classification where the greater part of the information points to North Carolina domicile. In the law, this is known as "circumstantial" evidence of intent. In other words, have you done the kinds of things that a permanent resident would do, or have you been acting like a temporary visitor? Each case has its own set of facts and there is no set checklist of items which will guarantee that you will be classified as a resident for tuition purposes.

Some important factors that are reviewed are:

  • Living or not living in the home of one’s parents.
  • Place where one voted or registered to vote.
  • Place where one has served on jury duty.
  • Place where one has registered and/or licensed a car.
  • Place where one last acquired a driver’s license.
  • Place where one has filed state income tax returns.
  • Place where one maintains personal property and last listed such for taxation.
  • Place where one owns a home or other real property and pays taxes thereon.
  • Place where one spends substantial parts of available vacation time.
  • Place where one is or was employed or working gainfully.
  • Place where one maintains membership in one or more professional associations, unions and other organizations.
  • Place where one last attended or graduated from high school.
  • Place where one resided before enrolling in an institution of higher education.
  • Sources of one’s financial support.

Again, this is not a complete list; rather, it is an indication of the types of factors that will be looked at in deciding residency status. Thus, to qualify for in-state tuition for a given term, you must prove the following:

1.  That you established your bona fide domicile in North Carolina 12 months before the beginning of the term in which you are seeking in-state residency status through 

  • being physically present in the State,
  • performing acts which support your intent to make North Carolina your permanent residence indefinitely, and which support the contention that you are not in North Carolina solely to attend a college or university program

2.  That you have maintained domicile in North Carolina for at least 12 continuous months.

Does the law make any presumptions about my residency status?

Yes. The law does presume that your residence is the same as that of your parent(s) or legal guardian, but this presumption may be rebutted by other evidence. All a presumption does is to allow a certain conclusion to be reached when there is no other evidence to the contrary. So, this presumption is rebuttable by a number of factors, such as the age of the individual, whether the individual is financially independent of the parents or guardian, whether the individual can demonstrate a visible means of support in order to substantiate the claim of financial independence, and other such circumstances. Also, the law expressly states that the residence of the parents will not be used as evidence of the student's residence if the student lived in North Carolina for the five consecutive years prior to enrolling or re-registering at the institution of higher education where residency status for tuition purposes is sought.

Exactly how does my age affect my residency status?

If you are under 18, the law considers your domicile to be the same as your parents' domicile because, as a minor, you are not legally capable of establishing an independent domicile, unless you are married or have obtained a decree of judicial emancipation.

For students under the age of 18 whose parents are divorced, separated, or otherwise living apart, there is a special provision of the law that may enable you to be considered a North Carolina resident if one of your parents is a North Carolina resident and if that parent claims you as a dependent on their North Carolina State Income Tax return. There are other considerations for students whose parents are divorced, separated, or otherwise living apart, when either parent is not a North Carolina resident.

For minors (students under 18) whose parent(s) move to North Carolina -- If a parent comes to North Carolina ahead of the family and establishes domicile while a spouse and children remain behind to sell the house, finish out the school year, etc., it can be difficult to determine the minor child's domicile. Following are some of the factors that are taken into account in making a residency determination for such students:

  • the extent to which the spouse has begun the process of moving to North Carolina;
  • what percentage of the child's financial support is contributed by each parent;
  • by whom and where the child is claimed as a dependent for tax purposes;
  • how soon the child will turn 18;
  • which parent the child is living with; and
  • whether there are strong incentives for the child to remain in his/her previous home state after both parents have moved to North Carolina.

However, if both parents move to North Carolina and establish domicile before the minor turns 18, the student's domicile automatically becomes North Carolina, even though the child may not be physically present in North Carolina for the 12 month period immediately proceeding the beginning of the term in which they seek to enroll in a North Carolina institution of higher education.

For students 18 and over whose parent(s) move to North Carolina -- When parents move to North Carolina after the student turns 18, the student does not automatically acquire North Carolina domicile. This is because at 18, the student becomes a legal adult, and adults must establish domicile on their own by physical presence and intent, as explained earlier. The student will have to come to North Carolina, take steps to evidence his/her "domiciliary intent," and wait 12 months before qualifying as a resident for tuition purposes

What if I lose my in-state residency status while I'm enrolled?

The law gives you a 12-month grace period. If you were properly classified as a resident for tuition purposes, but lose your residency status for some reason while you are enrolled at a North Carolina institution of higher education, you will still be able to enjoy the in-state tuition rate for 12 months from the date you lose your residency status. The 12 months begins at the time the student loses his or her North Carolina domicile; and if it runs out in the middle of a term, the student is allowed to pay the in-state tuition rate through the end of the term.

I'm married. What effect does the residency of my spouse have on my residency?

A married person's domicile is determined in the same way as an unmarried person. In other words, if you are a North Carolina resident, the fact of your marriage to a nonresident will not, by itself, deprive of you of your residency status. However, there may be other facts that might affect your residency. For example if you move to your spouse's house out of state, change your voter registration, etc., you may become a non-resident for tuition purposes.

Being married to a North Carolina resident has one potentially helpful effect. If you have established domicile, but have not been a legal resident for 12 months, the 12-month requirement may be satisfied if your spouse has been a legal resident for at least 12 months, and vice versa. However, the two spouses cannot add the time they have lived in North Carolina in order to get a total of 12 months. In other words, at least one spouse must have been a legal resident for at least 12 months.

What if I left school and moved out of state for awhile, but have decided to come back and live here permanently?

If you were classified as a resident for tuition purposes at a North Carolina institution of higher education at the time you left school or graduated and moved out of state, you will not be deemed to have lost your residency status if you move back to North Carolina and re-establish residency within 12 months. You may re-enroll at a North Carolina institution of higher education as a resident without having to meet the 12-months durational requirement. You may only take advantage of this statutory provision once in your lifetime.

I'm in the military. What effect does this have on my residence status, and if I have been or will be sent to a duty station outside of North Carolina will I lose my residency status?

North Carolina law affords tuition rate benefits to certain military personnel and their dependents. Specifically, the law provides that members of the Armed Services, while stationed in and concurrently living in North Carolina, may be charged a tuition rate lower than the out-of-state tuition rate. This rate is based on a statutory formula. Also, the law provides that, "no person shall lose his or her resident status for tuition purpose solely by reason of serving in the armed forces outside of this State."

I am not a United States Citizen. Is it possible for me to establish in-state residency for tuition purposes?

Maybe. The application of U. S. immigration law to tuition residency decisions can be very complicated. It depends on the type of immigration documents you hold, as well as the actions you have taken toward establishing North Carolina residency. Certain visas and other immigration documents allow you to establish a domicile in the United States and thus in North Carolina (A, E, G, I, K, N visas; permanent resident alien cards [I-151 and I-551]; conditional resident alien cards; and certain documents given to refugees or asylees, for example). If you are in the country on a student visa, you cannot qualify for in-state tuition. The fact that your visa permits you to establish residence does not mean that you will be granted in-state tuition status; rather it permits the classifier to assess your actions toward the establishment of North Carolina as your permanent domicile.

How do I file a petition for re-classification for in-state residence?

Initial residency determinations are made by the Admissions Office. Persons wishing to file a petition for re-classification need to obtain and complete the Residence-and-Tuition Status Application. It is important that you complete the residency application in its entirety. If you feel your answers to the questions on the form do not give an accurate picture of your case, please attach additional written explanations. In addition to the application, you must attach copies of the following documents:

  • Your North Carolina driver's license
  • Vehicle registration
  • Voter registration
  • North Carolina and Federal income tax returns
  • Year-to-date cumulative wage earning statements from all jobs held for the current year
  • Listing of personal property taxes

If you are basing your residency upon your spouse's residentiary acts, include a copy of your marriage certificate and copies of materials which document your spouse's residentiary acts.

If you are a non-U.S. citizen, a Residence Supplemental Status Form accompanied by copies of your approval for permanent residence status showing the date of adjudication by the federal Bureau of Citizenship and Immigration Services.

Finally, be sure to review the Residency Checklist as a final check of eligibility and documents to submit to support your application.

May I appeal from a classification decision?

Yes. If the classifier determines that you are not a resident for tuition purposes, you have the right to appeal that decision to the Residence Appeals Committee. The decision letter from the classifier will tell you how to file an appeal. It may take some time for the campus Residence Appeals Committee to schedule a hearing after an appeal is received. If you are still not satisfied, you may appeal to the State Residence Classification Committee and, ultimately, to the state courts.

Last edited by ammorris@unca.edu on November 11, 2010