Reclassification for In-State Tuition (2024)

"Independent student" means a student whose parents have surrendered the right to their care, custody and earnings; do not claim them as a dependent on federal or state income tax returns; and have ceased to provide them with substantial financial support. Independent students includes emancipated minors (SCHEV guidelines,PDF, page 3).

Applicants under the age of 24 who are not married, are not veterans, do not have dependents of their own, and were not a ward of the court prior to the age of 18, must provide evidence that they are financially independent and that they are not in the Commonwealth primarily for educational purposes (SCHEV guidelines, PDF, page 13).

"Independent student" means a student whose parents have surrendered the right to their care, custody and earnings; do not claim them as a dependent on federal or state income tax returns; and have ceased to provide them with substantial financial support. Independent students includes emancipated minors (SCHEV guidelines,PDF, page 3).

Applicants under the age of 24 who are not married, are not veterans, do not have dependents of their own, and were not a ward of the court prior to the age of 18, must provide evidence that they are financially independent and that they are not in the Commonwealth primarily for educational purposes (SCHEV guidelines, PDF, page 13).

Accepting a written offer of employment with a Virginia employer can help a student prove that their “intent” is to remain in Virginia after they graduate.

a. Accepting a bona fide written offer of employment with a Virginia employer following graduation from the institution may be evidence that the student’s domiciliary intent has changed. Evidence of employment in Virginia following graduation without other indications of domiciliary intent is not determinative.

b. The burden is on the student to demonstrate that such offer of employment exists through an official and documented commitment between the student and the prospective employer.

Any alien holding an immigration visa or classified as a political refugee may establish domicile in the same manner as any other student. However, absent congressional intent to the contrary, any individual holding a student visa or another temporary visa does not have the capacity to intend to remain in the Commonwealth indefinitely and is therefore ineligible to establish domicile and receive in-state tuition charges.

Asylees are individuals who have been approved for asylum in the United States. Proof of asylum will include either a court order granting asylum, an I-94 card noting asylum, an asylum approval letter from an immigration office, or an Employment Authorization Document (I-766) showing category (a)(5). Such individuals may be reviewed for domicile. Pending asylum claims are not eligible for domicile review

Refugees are generally admitted into the United States for an indefinite period without domiciliary restriction. A refugee carries a passport or I-94 endorsed to show refugee status. Refugee status is indefinite even though some of the I-94s may show an expiration date. Such individuals may be reviewed for domicile.

International students may be eligible for in-state tuition based on the SCHEV guidelines for various categories of Aliens. Addendum A details the eligibility categories of visas and other immigration documents.

Eligibility for consideration of Virginia domicile is detailed in theSCHEV guidelines PDF,section 13, pages 20-23.

The Code of Virginia and the SCHEV guidelines provide several avenues for military members and their dependents to receive in-state tuition. According to SCHEV, dependent students of military members whose spouse has not abandoned their Virginia domicile are eligible for domicile under the non-military members domicile (SCHEV guidelines,PDF, page 27). The military spouse is subject to the 12-month waiting period to establish domicile.

A member of the armedforces who does not claim Virginia as his tax situs (as evidenced by a LES reflecting Virginia withholding) for military income cannot qualify as a Virginia domiciliary(SCHEV guidelines,PDF, page 10).

There are military provisions for dependents of service members to be eligible for in-state tuition privileges, even without domicile of either the military member or the spouse. The 12-month waiting period is waived. These provisions are detailed in Part III Section 18 for dependent of military members, Section 19, for active-duty military members (SCHEV Guidelines,PDF, pages 27-30).

Military member is assigned to a permanent active-duty station in Virginia or a contiguous state and lives in Virginia. This does not include temporary duty assignments.

Military member assigned unaccompanied orders that state Virginia as the designated place for family members to reside.

There are several financial resources for military members that are not a part of domicile. For questions about using educational benefits, please contact [email protected].

According to the Guidelines, a "dependent student means one who is listed as a dependent on the federal or state income tax return of the parent or legal guardian or who receives substantial financial support from the spouse, parent, or legal guardian". The presumption is that a student under the age of 24 on the date of the alleged entitlement receives substantial financial support from the parent or legal guardian and therefore is a dependent on the parent or legal guardian, unless the student

• is a veteran or an active-duty member of the U.S. armed forces
• is a graduate or professional student
• is married
• is a ward of the court or was a ward of the court until age 18
• has no adoptive or legal guardian when both parents are deceased
• has legal dependents other than a spouse, or
• is able to present clear and convincing evidence that he is financially self-sufficient (SCHEV guidelines,PDF, page 2)

If the applicant is a dependent student, not an emancipated minor, or married to and is a dependent of a Virginia resident, i.e. the applicant is claimed as a tax dependent by his/her parents/legal guardian or spouse and/or receives at least half of his/her financial support from the spouse, the applicant may be eligible for in-state privileges IF the parent/legal guardian or spouse has been domiciled in Virginia for the required one year period. As a dependent student, the applicant is presumed to have the same domicile as the parent claiming them as a tax dependent and/or providing them with substantial financial support. As a dependent of a spouse, the applicant may be eligible for in-state tuition as a dependent of the spouse.

According to the Guidelines, a "dependent student means one who is listed as a dependent on the federal or state income tax return of the parent or legal guardian or who receives substantial financial support from the spouse, parent, or legal guardian". The presumption is that a student under the age of 24 on the date of the alleged entitlement receives substantial financial support from the parent or legal guardian and therefore is a dependent on the parent or legal guardian, unless the student

• is a veteran or an active-duty member of the U.S. armed forces
• is a graduate or professional student
• is married
• is a ward of the court or was a ward of the court until age 18
• has no adoptive or legal guardian when both parents are deceased
• has legal dependents other than a spouse, or
• is able to present clear and convincing evidence that he is financially self-sufficient (SCHEV guidelines,PDF, page 2)

If the applicant is a dependent student, not an emancipated minor, or married to and is a dependent of a Virginia resident, i.e. the applicant is claimed as a tax dependent by his/her parents/legal guardian or spouse and/or receives at least half of his/her financial support from the spouse, the applicant may be eligible for in-state privileges IF the parent/legal guardian or spouse has been domiciled in Virginia for the required one year period. As a dependent student, the applicant is presumed to have the same domicile as the parent claiming them as a tax dependent and/or providing them with substantial financial support. As a dependent of a spouse, the applicant may be eligible for in-state tuition as a dependent of the spouse.

According to the Guidelines, a "dependent student means one who is listed as a dependent on the federal or state income tax return of the parent or legal guardian or who receives substantial financial support from the spouse, parent, or legal guardian". The presumption is that a student under the age of 24 on the date of the alleged entitlement receives substantial financial support from the parent or legal guardian and therefore is a dependent on the parent or legal guardian, unless the student

• is a veteran or an active-duty member of the U.S. armed forces
• is a graduate or professional student
• is married
• is a ward of the court or was a ward of the court until age 18
• has no adoptive or legal guardian when both parents are deceased
• has legal dependents other than a spouse, or
• is able to present clear and convincing evidence that he is financially self-sufficient (SCHEV guidelines,PDF, page 2)

If the applicant is a dependent student, not an emancipated minor, or married to and is a dependent of a Virginia resident, i.e. the applicant is claimed as a tax dependent by his/her parents/legal guardian or spouse and/or receives at least half of his/her financial support from the spouse, the applicant may be eligible for in-state privileges IF the parent/legal guardian or spouse has been domiciled in Virginia for the required one year period. As a dependent student, the applicant is presumed to have the same domicile as the parent claiming them as a tax dependent and/or providing them with substantial financial support. As a dependent of a spouse, the applicant may be eligible for in-state tuition as a dependent of the spouse.

As of July 2020, the Commonwealth of Virginia has adopted a provision for individuals who may not be eligible for domicile, but live, work, and pay taxes to the Commonwealth (§23.1-506). Eligibility for in-state tuition; exception; certain out-of-state and high school students. Any student who:

1.  attended high school for at least two years in the Commonwealth and either
   • graduated on or after July 1, 2008, from a public or private high school or program of home instruction in the Commonwealth or
   • passed on or after July 1, 2008, a high school equivalency examination approved by the Secretary of Education.
2. has submitted evidence that they or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least two years immediatelyprior to the date of registration or enrollment; and
3. registers as an entering student or is enrolled in a public institution of higher education in the Commonwealth.

Students who meet these criteria shall be eligible for in-state tuition regardless of their citizenship or immigration status, except that students with currently valid visas issued under 8 U.S.C. §1101(a)(15)(F), §1101(a)(15)(H)(iii), §1101(a)(15)(J) (including only students or trainees), or §1101(a)(15)(M) are not eligible.

In-State Tuition for Applicants Living Outside Virginia and Employed in Virginia

An applicant who physically lives outside Virginia but works full-time in Virginia may be eligible for in-state tuition under the Code of Virginia, Section 23.1-506A. The following conditions must be met:

1. The applicant or parent upon whom the applicant is financially dependent lives outside Virginia. The applicant or parent physically commutes daily or weekly from a residence outside Virginia to a worksite in Virginia; and
2. The applicant or parent upon whom the applicant is financially dependent has been employed full-time in Virginia for at least one year immediately prior to the date of alleged entitlement for which reduced tuition is sought; and
3. The applicant or parent upon whom the applicant is financially dependent has paid Virginia income taxes on all taxable income earned Virginia for the tax year prior to the date of alleged entitlement.

An applicant may claim eligibility for in-state tuition under this section only through financial dependency on a parent. A nonresident dependent spouse is not eligible for in-state tuition under this section.

Virginia has tax reciprocity agreements with select jurisdictions. Where tax reciprocity is operative, an individual's income taxes earned in Virginia are returned to their home state. If the applicant’s state of residence has entered into an agreement with Virginia, the applicant is not eligible under this section. Jurisdictions having tax reciprocity agreements with Virginia are District of Columbia, Kentucky, Maryland, Pennsylvania, and West Virginia.

A student granted in-state tuition under this section will continue to be eligible for in-state tuition if they or their qualifying parent continue to: be employed full-time in Virginia, pay Virginia income taxes on all taxable income earned in Virginia, and claim the student as a dependent for Virginia and federal income tax purposes. The student is expected to apply for this waiver of out of state tuition rates each year and provide the required documentation.