Texas law classifies each person who applies for admission to a Texas public college or university as:
- A resident of Texas;
- A nonresident; or
- A foreign (international) student.
How you’re classified is important because it determines whether you pay non-resident tuition rates or in-state rates, which are lower. Being a resident also qualifies you to apply for financial aid awarded by the state.
Determining Residency
When you apply for admission, the university uses information you provide on the admissions application to make an initial determination about residency. (TheTexas Higher Education Coordinating Boardestablishes therulesthat govern Texas residency for higher education in Texas.)
If the submitted information indicates you aren’t a U.S. citizen or permanent resident but that you may qualify for residency based on Texas high school graduation, you will be prompted by the application to download and submit theResidency Affidavit. It must be completed, signed, notarized and submitted to the university.
Residency Classification Review
Sometimes students submit incorrect information or information that makes it appear as though they are non-residents when they actually do qualify for Texas residency. In other cases, students initially ineligible for residency later become eligible.
If you believe youare incorrectly classified,take steps to correct the inaccuracy by submitting theResidency Core Questions.
In some cases, responses to questions on the form show that the student meets the requirements for one of the two options available for establishing residency:
High School Graduation
This option for establishing Texas residency is available to citizens or permanent residents of the U.S. and to international students.
Requirements
To establish residency through high school graduation, you must:
- Graduate from a Texas high school or receive a GED in Texas; and
- Live in Texas for the 36 months immediately before high school graduation; and
- Live in Texas for the 12 months immediately before the census date (usually the 12th class day) of the semester in which you enroll at the university (or another college or university).
If you are an international student seeking residency through high school graduation, you must submit aResidency Affidavit(PDF) stating that you will apply for permanent residency when you are eligible to do so.
Establishing Domicile
This option for establishing Texas residency is available to:
- Citizens or permanent residents of the U.S. (Non-citizens and non-permanent residents may also use this option if they have an application for permanent residency on file with theU.S. Citizenship and Immigration Service.)
- International students who possess aneligible visa
Requirements
If you are independent for tax purposes, you may gain resident status if you establish domicile in the state. If your parent(s) claim you as a dependent on their federal income tax return, they must establish domicile in the state for you to claim residency.
To establish domicile, you or your parent(s) must meet the following criteria:
- Live in Texas for 12 consecutive months; and
- Establish and maintain domicile for 12 consecutive months, as evidenced by:
- Gainful employment in Texas;
Note: Student jobs do not qualify as gainful employment. - Sole or joint marital ownership of residential real property in Texas by the person seeking to enroll or the dependent’s parent, having established and maintained a domicile at the residence;
- Ownership and operation of a business in Texas; or
Marriage for one year to a person who has established domicile in Texas.
Appeals
If you’ve submitted theResidency Core Questions and have been classified as a non-Texas resident after review of the form, you have the option to appeal your residency determination. You must do so before the 12th class day of the semester.
To appeal,emailthe Residency Appeals Committeestating why you should be considered a Texas resident and providing any additional information you can offer in support of your case. The committee will review the information you submit and make a determination. The decision of the Residency Appeals Committee is final.
For any residency-related questions, please contact the residency office directly at 512-475-7391 or email at [email protected].
Residency Terms
Otherterms, when used in connection with the topic ofTexas residency, should be understood as follows:
Clear and Convincing Evidence
That degree of proof that will produce a firm conviction or a firm belief as to the facts sought to be established. The evidence must justify the claim both clearly and convincingly.
Dependent Student
For purposes of Texas residency determination, aperson who: (a) is younger than 18 years of age and has not been emancipated by marriage or court order; or (b) is eligible to be claimed as a dependent of a parent for purposes of determining the parent’s income tax liability under the IRS Code of 1986.
Domicile
A person’s principal, permanent residence to which the person intends to return after any temporary absence.
Establishing Domicile in Texas
Physically residing in Texas with the intent to maintain domicile in Texas for at least the 12 consecutive months immediately preceding the census date of the term of enrollment, allowing for documented temporary absences.
Gainful Employment
Employment intended to provide an income to a person or allow a person to avoid the expense of paying another person to perform the tasks (as in child care) that is sufficient to provide at least one-half of the individual’s tuition and living expenses or that represents an average of at least twenty hours of employment per week. A person who is self-employed, employed as a homemaker or who is living off his/her earnings may be considered gainfully employed for tuition purposes, as may a person whose primary support is public assistance. Employment conditioned on student status, such as work study, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment.
Independent Student
For purposes of Texas residency determination, astudent 18 years of age or older or an emancipated minor who is not claimed by a parent or legal guardian as a dependent for federal income tax purposes during the tax year.
Legal Guardian
A person who is appointed guardian under the Texas Probate Code, Chapter 693, or a temporary or successor guardian.
Maintain Domicile
To physically reside in Texas with the intent to always return to the state after a temporary absence. The maintenance of domicile is not interrupted by a temporary absence from the state.
Parent
A natural or adoptive parent, managing or possessory conservator, or court appointed legal guardian of a person. The term does not include a step-parent.
Property Ownership
Sole or joint marital ownership of residential real property in Texas by the person seeking to enroll or the dependent’s parent, having established and maintained domicile at that residence. Owning a time-share, renting a residence or owning a cemetery plot does not constitute property ownership.
Residence
A person’s home or other dwelling place.
Temporary Absence
Absence from the state of Texas with the intention to return, generally for a period of less than five years. For example, the temporary absence of a person or a dependent’s parent from the state for the purpose of service in the U.S. Armed Forces, U.S. Public Health Service, U.S. Department of Defense or U.S. Department of State as a result of an employment assignment or for educational purposes, shall not affect a person’s ability to continue to claim that Texas is his or her domicile.
Commonly Asked Questions
Not sure of your status? Thesetopics address questions commonly asked aboutresidency.
Parents’ Residency
If your parent or legal guardian lives in another state and claims you as a dependent, you are not eligible to establish Texas residency unlessyou qualify on the basis ofhigh school domicile or your parentis awayon a temporary absence. You may be eligible for Texas residency if a parent or legal guardian resides in Texas and is eligible to claim you as a dependent on his orher federal income tax return.
Temporary Absence
A temporary absence by a student or parent does not affect yourability to claim residency if the temporary absence is the result of:
- Service in the U.S. Armed Forces, Public Health Service, Department of Defenseor Department of State;
- Foreign military conscription;
- Employment assignment; or
- Educational purposes.
To claim a temporary absence, a student or parent must first establish Texas residency, then provide documentation of the reason for the temporary absence. Non-resident classification may result if the temporary absence occurs before completion of at least one year of residency connected to establishment of a domicile.
Previous Classification Through Another Texas College or University
If you were classified as a Texas resident while you were enrolled at another Texas college or university—and you were enrolled for more than one summer term—you will be classified as a Texas resident at UT Austin. You may be required to verify your residency classification at a previous institution.
Military Servicemembers
Servicemembers may base residency on the state they list as their legal residence, as found on theLeave and Earning Statement (LES). If you do not list Texas as your state of legal military residence, you may be eligible to apply for a waiver of the out-of-state portion of tuition.College for All Texanspublishes information abouttuition waivers for military memberswho are not Texas residents.
Teachers and Professors
Teachers and professors employed at least halftime on a regular, monthly salariedbasis by any Texas public institution of higher education are entitled to pay resident tuitionfor themselves, their spousesand their dependent children. The waiver of the out-of-state tuition does not depend on the length of the residence in Texas, as long as the effective date of employment for the teacher or professor is on, or prior to, the official census date of the relevant term(s).
To obtain this waiver, such employees must submit, before each semester’s enrollment, a statement certifying employment from the director of personnel or a designated representative of the institution of higher education of which he or she is employed. This provision applies to eligible teachers and professors and their dependents,no matter which Texas public institution of higher education they may attend. It is the intent of this rule that the employment be for the duration of the period of enrollment for which the waiver is awarded. Requests for this waiver should be directed to theOffice of Accounting, Tuition/Special Billing.
For any residency-related questions, please contact the residency office directly at 512-475-7391 or email at [email protected].
