Virginia
Residency
If you are claiming entitlement to in-state
educational privileges you must submit the Application for Virginia
In-State Educational Privileges with your application for admission.
Either mail the application to the address listed below, fax it to (434) 982-2128 or e-mail it with a scanned signature to twhite@virginia.edu. Failure to submit the application, or to supply any supplemental
information that may be requested by the Virginia Status Office,
may delay consideration of your application or result in your
classification as a nonresident candidate.
The form should be mailed along with all
required application documents to:
Office of Admissions
University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903-1738
This page on Virginia residency consists of
two sections: general information for all students and specific
information for dependents of military parents. This information
has been prepared by the Committee on Virginia Status.
Questions about residency status should be directed to them at:
Phone:
(434) 982-3397
E-mail: asl5w@virginia.edu
Fax: (434) 924-3587
Mail: P.O. Box 400160,
Charlottesville, VA 22904-4160
Please note that, if you fax a document to the
Committee on Virginia status, you should not mail the original.
Information for All Students
To help prospective students sort through the
complexities of establishing Virginia domicile to qualify for
in-state educational privileges, the Committee on Virginia Status
has provided the following general descriptive information. This
material is not all inclusive; you may need to inquire about your
specific circumstances with the Committee. Nothing in this publication
is intended to amend existing law or policy with respect to eligibility
for in-state status.
Q: What rules and procedures govern who is
considered an "in-state" student?
A: Section 23-7.4 of the Code of Virginia and its attendant guidelines
outline the requirements that you must meet to be classified as
"in-state" for educational purposes.
Q: What is domicile?
A: "Domicile" is the present, fixed home of an individual
to which one returns following temporary absences and at which
one intends to remain indefinitely. The domicile of a dependent
or a minor is presumed to be that of the parent(s).
Q: How long must I be domiciled in Virginia
before I can be considered "in-state"?
A: A student, parent(s) or spouse must be domiciled in Virginia
for at least 12 continuous months immediately preceding the
first day of classes. This means the student parent(s) or spouse
must actually reside in Virginia during this period while simultaneously
demonstrating their intent to be domiciled in Virginia. Intent
is demonstrated by, among other things, paying resident taxes
to Virginia, obtaining a Virginia driver's license, car &
voter registrations.
Q: May I leave the state temporarily?
A: Once you have established domicile in Virginia, you may be
absent from the State provided you 1) continue to file resident
Virginia income tax returns (Form 760) each year you are out of
the State, declaring ALL earned income regardless of source; and,
2) do nothing incompatible with your claim of domicile, such as
registering to vote in another state.
Q: Who can be considered a dependent student?
A: Any student who is listed as a dependent on tax returns of
parents or legal guardians or who receives substantial financial
support from them. A married student whose spouse provides substantial
financial support also can be a dependent student.
Q: Who is considered an independent student?
A: Any student past the age of majority whose parents have surrendered
the right to care, custody and support and have not claimed the
student as a dependent on federal and state income tax returns
for at least 12 months prior to the date of alleged entitlement.
Q: What is substantial financial support?
A: "Substantial financial support" means more than 50 percent.
Q: Who is a legal guardian for purposes of
domiciliary status?
A: A legal guardian is someone with personal or financial responsibility
for a minor and who has been appointed by a court. NOTE: You must
provide verification of the court appointment, that the appointment
was not for in-state tuition purposes and that the parents do
not contribute to student's support.
Q: Can I establish "in-state" status
while I am a student?
A: If you are a dependent and your parent(s) or spouse moves to
Virginia while you are in school and fulfills the requirements
of domicile, you should petition for a change of status effective
12 months after the move. If you entered classified as an out-of-state
student, you must present clear and convincing evidence to rebut
the presumption that you are residing in the State primarily to
attend school. Residence or physical presence in Virginia primarily
to attend the University does not entitle you to in-state tuition
rates.
Q: If my parents are divorced am I eligible
for in-state educational privileges if I live outside of Virginia
and my non-custodial parent lives in Virginia?
A: Yes, if the non-custodial parent contributes substantially
to your support and is domiciled in Virginia.
Q: When may I apply for in-state status?
A: Applications must be submitted with the application for admission,
or in the case of a currently enrolled student, at least 30 days
prior to the term for which in-state privileges are sought.
Q. Are non-citizens capable of establishing
"in-state" status?
A: Non-United States citizens are legally capable of establishing
domicile when they have been granted the status of lawful permanent
residents by the U.S. Immigration and Naturalization Service,
or if they possess a visa in an eligible category. Just like citizens
who claim eligibility for in-state status the burden is on the
student or parent to present clear and convincing evidence of
domicile in Virginia for the requisite one-year period prior to
matriculation.
Q: Can the non-military spouse establish
Virginia domicile separate from the domicile of the active military
spouse who is a non-Virginian?
A: Yes, but the non-military spouse must meet the same domicile
requirements as any new resident to the State.
Q: To establish domicile, are active military
persons required to meet the one-year requirement?
A: No. The one-year requirement is waived for military personnel
who elect to establish Virginia domicile, but all other elements
of domicile must be fulfilled simultaneously; i.e. physical residence,
demonstration of domiciliary intent and reflection of Virginia
income taxes on your LES.
Information for Dependents of Military Parents
Section 23-7.4 of the Code of Virginia governs
eligibility for in-state educational privileges. The following
information briefly describes the ways in which dependents of
military parents may qualify for in-state educational privileges;
it is not intended as an exhaustive analysis of the complex statutory
provisions affecting such applicants.
In-state residency classifications can be made
only upon receipt of an Application for Virginia In-State Educational
Privileges and any requested supporting documentation. Applications
must be submitted with the application for admission or, in the
case of a currently enrolled student, at least thirty days prior
to the term for which in-state privileges are sought. Specific
questions should be addressed to the Committee on Virginia Status.
Virginia Domicile
A dependent student, defined in the statute
as one who is claimed as a dependent by parents or legal guardians
for income tax purposes or who receives substantial financial
support from them, is presumed to have the same domicile as his
or her parents. If both parents are domiciliaries of a state other
than Virginia, the student is considered to be a non-Virginian,
even though the family may be residing in Virginia. If the parents
are domiciliaries of separate states, the student may choose the
parent through whom he or she wishes to obtain his or her domiciliary
status. Under Section 23-7.4, domicile is a technical, legal concept
that refers to the present, fixed, home of an individual to which
he or she returns following temporary absences and at which he
or she intends to remain indefinitely—one's permanent and
lasting home.
In order for a non-military parent to demonstrate
Virginia domiciliary status for purposes of in-state educational
privileges two acts must occur simultaneously for a continuous 12-month period: physical residence in the State and the formation
of the intent to remain indefinitely (domiciliary intent.) Domiciliary
intent is evidenced by the filing of Virginia income tax returns,
possession of a Virginia driver's license and motor vehicle registration,
and other objective factors.
An active duty military parent may become a
Virginia domiciliary if, while residing in Virginia, he or she
adopts Virginia as his or her legal domicile. This is accomplished
by filing a new State of Legal Residence Certificate declaring
Virginia as one's domicile for income tax purposes and fulfilling
the domiciliary intent requirements as discussed above. It is
not possible to retroactively establish a Virginia domicile merely
by filing a Virginia income tax return in April for the prior
year and it is not possible to establish domicile from afar. There
must be physical presence in Virginia simultaneous with the demonstration
of domiciliary intent. However, the one year requirement is waived
for active duty military personnel who fulfill all other conditions
for establishing domicile.
Once Virginia domicile has been established,
it is not forfeited by absences from the Commonwealth occasioned
by changes in military orders. Provided that the military member
continues to claim Virginia as his or her state of legal residence
for tax purposes and refrains from acts inconsistent with a claim
of Virginia domicile (such as voting in another state), he or
she continues to be domiciled in Virginia, and is entitled to
all of the privileges accorded Virginia domiciliaries.
A student claiming entitlement to in-state privileges
through the military parent's status as a Virginia domiciliary
must submit with the application a copy of the parent's Leave
and Earnings Statement and other documents as requested.
Military Exception
The dependent child of a military parent or
non-military spouse who is domiciled in Virginia is clearly entitled
to in-state educational privileges. The dependent child of a military
person and a non-military spouse who are not domiciled in Virginia
may nevertheless qualify for in-state privileges through the military
exception provision. Pursuant to Section 23-7.4:2, in-state educational
privileges may be granted to the child of a military parent stationed
and residing in Virginia if, for at least one year immediately
prior to the date of intended enrollment, the non-military parent
has resided in Virginia, been employed full-time and claimed the
student as a dependent on federal and resident Virginia income
tax returns. At the present time, full-time employment is defined
as an annual earned income of at least $9,500. Entitlement under
this provision continues only so long as the requirements continue
to be met. Under this provision the non-military parent is not
required to demonstrate his or her intent to be domiciled in Virginia.
A student applying for in-state privileges through
the military exception provision must submit documentation of
the non-military parent's employment in Virginia and payment of
Virginia income taxes.
All questions or inquiries regarding Virginia
domiciliary classifications should be directed to the Committee
on Virginia Status at (434) 982-3391.