All domestic graduate
students who are not an official resident of North
Carolina are expected to apply for in-state
residency after their first year in the program.
All residency decisions for entering or continuing graduate students are
determined by the
Residency Determination Office in the Graduate
School. For up-to-date information on the guidelines used in making residency
determinations and the process to follow in requesting in-state residency,
please click on the Office's home page link above.
The information below is designed as a quick
reference for graduate students who wish to know more about applying for NC
residency for tuition status at the University of North Carolina at Charlotte.
If you want a more in-depth examination, please consult A Manual to Assist the
Public Higher Education Institutions of North Carolina in the Matter of Student
Residence Classification for Tuition Purposes. A copy of the Manual is on
reserve in Atkins Library. Please keep in mind that this handout is only a brief
overview of certain points of the law; the law of the Manual controls all
decisions.
Under North Carolina law, to qualify for in-state tuition for a given term,
you must prove that you established your domicile in NC and maintained it for 12
continuous months with respect to the beginning of the term at issue. To prove
that you have established a bona fide domicile in NC, you must prove the
following:
-
That you were physically present in the state,
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That you intend to make NC a permanent home
indefinitely,
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That you were not in NC solely to attend college.
Because it is difficult to determine directly the intent of a student to make
North Carolina home, residency classifiers necessarily must evaluate the actions
that you have taken that may indicate this "domicilary intent." The law also
states that these "acts of residency" must be performed "in a timely fashion."
The Manual lists the following considerations which may be significant in
determining this intent:
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Do you live in North Carolina?
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Are you registered to vote in North Carolina?
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If registered, where did you last vote?
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If you drive, where did you last obtain a driver's
license?
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If you drive, is the car you drive registered in North
Carolina?
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Do you own a home or other real estate?
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Where is your personal property listed for taxation?
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Where do you spend your vacation time?
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Where do you work?
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Where do you keep your personal property?
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Where did you file your state income tax return?
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Where did you last attend college?
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Where did you live before enrolling in a university or
college?
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If you have non-resident parents, are you financially
independent?
Residency classifiers weigh all the evidence you furnish in your application
for resident status, and it is necessary that the preponderance (or greater
weight) of the evidence supports your having established NC domicile 12 months
before the beginning of the academic term for which you seek to be classified as
resident. If the evidence shows a cluster of significant events occurring at
about the same time (within the same week for example), the classifier will
start counting from that point to determine if the twelve-months requirement has
been met. If instead the evidence has accumulated over time, the classifier must
decide at what point a preponderance of evidence shows the intent to establish
NC domicile, and that is the date on which the counting will begin.
To begin the residency classification process, you must complete an
Application For Residency For Tuition Purposes. You may apply for
reclassification before or during a given term. The absolute deadline for filing
a residence status application is the last day of exams for that term.
THE EFFECT OF MARRIAGE ON RESIDENCY
No one automatically obtains North Carolina domicile solely by marrying a
North Carolina resident. If both spouses have established a NC domicile, and one
spouse has been a domiciliary longer than the other, the member of the couple
who has the shorter duration of domicile may borrow his or her spouse's duration
of domicile to meet the 12 months requirement. However, the two durations cannot
be added together to meet the requirement.
NON-UNITED STATES CITIZENS
If you are not a U.S. citizen, you may or may not qualify for resident
tuition status on the same basis as a U.S. citizen. It depends upon the type of
immigration documents you hold. If you are in the country on a student visa, you
cannot qualify for in-state tuition. If you have one of the visas that does not
allow you to establish domicile, and you later receive a visa that does allow
you to do so, the time you spent in North Carolina under the old visa will not
count toward the 12-months requirement. After you receive the new document, you
must establish North Carolina domicile and wait 12 months. For more detailed
information concerning the domicile of non-U.S. citizens, please consult the
Manual.
PERMANENT RESIDENT ALIEN STATUS
If you are a permanent resident alien and hold a "green card," you have the
same capacity to establish legal residence as a U.S. citizen. However, you must
establish NC domicile for 12 months after you receive permanent resident alien
status. You cannot count the time you spent in NC while under a different status
or visa. If you have applied for permanent resident alien status, but it has not
been granted yet, you are considered as still being in the country under the visa or document that you had before you applied for the
"green card."
APPEALS
If the Graduate School rules that you are not a
resident for tuition purposes, you may appeal that decision to the Graduate
Residency Appeals Committee. The decision letter will inform you how to appeal.