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Residency Information

Things to Remember

• Residency for tuition purposes at a public college or university in Texas is different from residency for voting or tax purposes.
• There must be conclusive evidence of the student's intent to permanently establish his/her domicile in Texas.
• The student has the burden of proof to show by clear and convincing evidence that residency or domicile, as appropriate, has been established and maintained in accordance with the rules.
• Residency rules are subject to change at anytime due to Texas legislation.
• Students who are classified as a "Non-Resident" must pay out-of-state tuition rates prior to establishing Texas residency.

Pathways to Being Classified a Texas Resident for Tuition Purposes 

The Rule 36/12

A person is entitled to classification as a resident for tuition purposes if that person:

1. graduated from a Texas public or accredited private high school, and 
2. resided in Texas for the 36 consecutive months (3 years) leading up to graduation or receipt of the diploma equivalent, and 
3. resided in Texas the 12 consecutive months (1 year) leading up to the census date of the academic semester in which the person enrolls in the institution of higher education.

If you are neither a US Citizen nor have a Permanent Resident card issued from the U.S. Citizenship and Immigration Services (USCIS), you are considered as an International Student and must also submit a copy of the Affidavit of Intent to Become a Permanent Resident stating that you will apply for permanent residency when you are eligible to do so. Note: If you currently hold a Student Visa or will be applying for a Student Visa to attend school in the U.S., you are not eligible for Texas Residency for tuition purposes.

Independent Individual Basing Residency on Self

Independent students are those who provide more than half of their own financial support and are not eligible to be claimed as a dependent for income tax purposes. A person is entitled to classification as a resident for tuition purposes if that person:

1. established a residence in Texas not less than 12 consecutive months (1 year) before the census date of the academic semester in which the person enrolls in the institution of higher education, and
2. maintained the residency in Texas continuously for the 12 months (1 year) leading up to the census date of the academic semester in which the person enrolls in the institution of higher education. 

The student will be required to complete and submit the Residency Core Questions and provide supporting documentation.

Dependent Individual Basing Residency on Parent or Guardian

Dependent students are those who are eligible to be claimed as a dependent of a parent or legal guardian for income tax purposes or who are less than 18 years of age and have not been emancipated by marriage or court order.

A dependent person is entitled to be classified as a resident for tuition proposes if the parent or guardian of that person: 

1. established a residence in Texas not less than 12 consecutive months (1 year) before the census date of the academic semester in which the person enrolls in the institution of higher education, and
2. maintained the residency in Texas continuously for the 12 months (1 year) leading up to the census date of the academic semester in which the person enrolls in the institution of higher education. 

The student will be required to complete and submit the Residency Core Questions and provide supporting documentation.

Military Personnel or Dependents of Military Personnel

A member of the United States Armed Services whose Home of Record with the military is Texas is presumed to be a Texas resident, as are his or her spouse and dependent children. A member whose Home of Record is not Texas but who provides the institution a Leave and Earnings Statement that shows the member claims Texas as his or her place of residence during the year prior to enrollment in the institution of higher education is presumed to be a Texas resident, as are his or her spouse and dependent children.

Nonresident active duty military personnel, and/ or their dependents, who are stationed with a unit in Texas may submit a Military Residency Declaration form to receive the tuition waiver.

International Students

International students who are eligible to establish a domicile in Texas may also qualify for Texas resident status. Students with a Student Visa do not qualify.

Correcting Errors in Residency Classification

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 such cases, the students must submit additional documents to correct their status.

Students who are incorrectly classified as non-residents can take steps to correct the error by submitting additional information to the university in the form of the Residency Core Questions.

For detailed information about regulations relating to residency in the State of Texas, visit the page.