| Basic Requirements for Florida Residency:
To qualify as a Florida resident for tuition purposes, the claimant must have established and maintained legal residence in Florida for at least 12 months prior to the first day of classes of the term for which Florida residency is being sought. The law allows U.S. citizens, permanent resident aliens, or legal aliens granted indefinite stay by the Bureau of Citizenship and Immigration Services to be classified as a Florida resident if the applicant, or the dependent applicant's parent or legal guardian, has met the requirement of legal residency in the state for at least 12 months preceding the first day of classes. Persons who do not meet the following requirements may be classified as a Florida resident only if they fall within one of the special categories as noted in Section 1009.21, Florida Statutes and Section III below. I. What is an independent student? - An independent student must be:
- 1. 24 years of age prior to the start of the term, or
- 2. Married (Marriage certificate/license showing marital status required), or
- 3. Have a dependent child (Tax returns showing support of children required), or
- 4. Provide a minimum of 50% of his or her own support.*
* Students must submit documentation to support their claim that they are financially independent. Financial independence can be substantiated with a copy of the student's most recent tax return and the parents' most recent tax return (if student is under the age of 24). The independent student must provide evidence to substantiate their claim for Florida residency. The student must provide documentation showing legal ties and proof of physical presence in the state of Florida that are dated/issued at least 12 months before the first day of the semester for which Florida residency is sought. The student must demonstrate the establishment of a bona fide domicile in Florida and absence of legal ties to another state. No single document is conclusive. - Documents showing legal ties to Florida: (at least 2 documents from this list)
- Florida Driver's License
- Florida Voter's Registration Card
- Florida Vehicle Registration
- Florida Vehicle Title
- Declaration of Domicile
- Proof of Purchase of a Permanent Home in Florida that is occupied as primary residence
- Proof of Permanent Full-Time Employment
- Florida Professional or Occupational License
- Florida Incorporation
- Benefit Histories from Florida Agencies or Public Assistance Programs
- Documents showing physical presence in Florida:
- Lease Agreement
- Utility Bills and proof of 12 consecutive months of payments
II. What is a dependent student?A dependent student is presumed to be a legal resident of the same state that their parent's reside in. To qualify for Florida residency for tuition purposes, the parent of the dependent student must complete the Residency Classification Form on behalf of the student.
The parent of the dependent student must provide evidence to prove legal ties and physical presence in the state of Florida. The parent must demonstrate the establishment of a bona fide domicile in Florida and absence of legal ties to another state. No single document is conclusive. Students dependent on a legal guardian: your legal guardian must be court-appointed; the student must submit a copy of the court decree naming the claimant as their guardian. Students dependent on an adult relative: Please see Section III., Special Categories, for required documentation. - Documents showing legal ties to Florida: (at least 2 documents from this list)
- Florida Driver's License
- Florida Voter's Registration Card
- Florida Vehicle Registration
- Florida Vehicle Title
- Declaration of Domicile
- Proof of Purchase of a Permanent Home in Florida that is occupied as primary residence
- Proof of Permanent Full-Time Employment
- Florida Professional or Occupational License
- Florida Incorporation
- Benefit Histories from Florida Agencies or Public Assistance Programs
Documents showing physical presence in Florida: Lease Agreement Utility Bills and proof of 12 consecutive months of payments
| III. Special Categories: I am married to a person who has maintained legal residence in Florida for at least 12 months. I have established legal residence and Florida is my permanent home. - Required: Residency classification form completed and signed by student's spouse, a copy of your marriage certificate AND proof of spouse's Florida residency
I am a member of the armed services of the United States and I am stationed in Florida on active military duty pursuant to military orders, or whose home of record is Florida, or I am a member's spouse or dependent child. - Required: A copy of student's military orders or DD-2058 showing home of record and, for spouse, a copy of your marriage certificate/license. For a dependent child, a copy of claimant's most recent federal income tax return indicating that the student was claimed as a dependent.
According to the Bureau of Citizenship and Immigration Services, I am a permanent resident alien or other legal alien granted indefinite stay and I have maintained a domicile in Florida for at least 12 months. - Required: Permanent resident aliens and other legal aliens granted indefinite stay by the Bureau of Citizenship and Immigration Services may be considered for reclassification providing they submit all appropriate documentation.The student must also meet Florida residency criteria.
For a permanent resident alien, acceptable documentation includes: - A copy of the front and back of your and claimant's (for dependent students) resident alien card, Employment Authorization Card OR
- Proof of issuance of an I-551, OR
- A copy of your I-485 indicating approval for a change in status.
For an international student, proof of visa status is required.
Only the following categories of visa holders are eligible for reclassification consideration. All others are ineligible to establish Florida residency for tuition purposes. - Visa category A - Government official
- Visa category E - Treaty trader or investor
- Visa category G - Representative of international organization
- Visa category H-1 - Temporary worker performing professional nursing services or in a specialty occupation
- Visa category H-4 - Only if spouse or child of alien is classified H-1
- Visa category I - Foreign information media representative
- Visa category K - Fiance, fiancee or child of a United States citizen
- Visa category L - Intra-company transferee (including spouse or child)
- Visa category N - Parent or child of alien accorded special immigrant status
- Visa category O-1 - Workers of "extraordinary" ability in the sciences, arts, education, business or athletics
- Visa category O-3 - Only if spouse or child of alien is classified O-1
- Visa category R - Religious workers
- Visa category NATO I-7 - Representatives of NATO and their families
- Visa category T - Victims of trafficking, who cooperate with federal authorities in prosecutions of traffickers, and their spouses and children
- Visa category V - Spouses and children of lawful permanent residents
- Non-U.S. citizens in the following categories are also eligible to establish Florida residency for tuition purposes.
- Citizens of Micronesia
- Citizens of the Marshall Islands
- Beneficiaries of the Family Unity Program
- Individuals granted temporary protected status
- Individuals granted withholding of deportation status
- Individuals granted suspension of deportation status or cancellation of removal
- Individuals granted a stay of deportation status
- Individuals granted deferred action status
- Individuals granted deferred enforced departure status
- Applicants for adjustment of status
- Asylum applicants with INS receipt or Immigration Court stamp
I am a full-time instructional or administrative employee of a Florida public school, community college, or institution of higher education, or I am the employee's spouse or dependent child. - Required: A copy of your employment contract or a letter from your employer verifying employment as a full-time instructional or administrative employee. For a spouse, a copy of your marriage license/certificate. For a dependent child, a copy of the claimant's most recent federal income tax return indicating the student was claimed as a dependent.
I am part of the Latin American/Caribbean Scholarship program. - Required: A copy of your scholarship award letter for the current academic year. Note: You must also be a citizen of a Latin American or Caribbean nation receiving a scholarship award from a Florida state agency of at least $500 per academic year. Privately administered scholarships do not qualify. Reclassification as a temporary Florida resident for tuition purposes is valid only for the academic year(s) that the scholarship is awarded.
I am a qualified beneficiary under the terms of the Florida Pre-Paid Post-Secondary Expense Program. - Required: A signed copy of the front and back of your Florida Pre-paid expense card.
I am a dependent person who has resided for five years with an adult relative other than my parent/legal guardian and my relative has maintained legal residence in Florida for at least 12 months. - Required: Copies of your adult relative's federal income tax returns for the past five years indicating that the student was claimed as a dependent for the last five consecutive years along with documentation showing legal ties and physical presence in the state of Florida. See section II.
I was previously enrolled at a Florida state institution and classified as a Florida resident for tuition purposes. I abandoned my Florida domicile less than 12 months ago and I am now re-establishing Florida legal residence. - Required: Students must demonstrate that they have relinquished all legal ties to your previous state of residence and that you they have re-established legal ties with the state of Florida.
I am living on the Isthmus of Panama and have completed 12 consecutive months of college at the FSU Panama Canal Branch or I am the student's spouse or dependent child. - Required: A copy of your transcript or a letter of enrollment certification from FSU verifying enrollment at the Panama Canal Branch for the past three terms. For a spouse, a copy of your marriage license/certificate. For a dependent child, a copy of the claimant's most recent federal income tax return indicating the student was claimed as a dependent.
I am a Southern Regional Education Board's Academic Common Market graduate student. - Required: A letter of certification from the state coordinator for the Southern Regional Education Board's Academic Common Market.
I am a full-time employee of a state agency or political subdivision of the state whose student fees are paid by the state agency or political subdivision for the purpose of job-related law enforcement or correction training. - Required: A letter of verification from your employer indicating you are a full-time employee of a state agency or political subdivision and you are enrolling in courses for the purpose of job-related law enforcement or corrections training.
I am a McKnight Fellowship recipient. - Required:A letter of verification from the Graduate School certifying that you are a McKnight Fellowship recipient.
I am an active member of the Florida National Guard who qualifies under Florida Statutes s.250.10(7) and (8) for tuition assistance. - Required: Your Interstate Transfer Contract, NGB form 22-5-R-E, if you are an active National Guardsman who has been transferred to Florida from another state OR Your U.S. Armed Forces enlist/re-enlist document, DD 4/1 and 4/2, if you have left the active armed services and have entered the National Guard.
| | IV. Residency Classifications for International Students: Non-US citizens such as permanent resident aliens, parolees, asylees, and other legal aliens granted indefinite stay who have applied and been approved by the U.S. Bureau of Citizenship and Immigration Services, and non-immigrants holding eligible visas may be considered as Florida residents for tuition purposes, provided they meet the 12 month Florida residency requirements. Eligible Immigration Documentation and Visa Categories: - Permanent Resident Card
- Alien Registration Receipt Card I- 551
- Passport stamped "Processed for I-551 Temporary Evidence of Law for Permanent Residence with date
- I-94 Arrival/Departure Record stamped with "Temporary Form I-551" with date
- Notice of Action Letter I-797 stating approved for permanent residency
- Employment Authorization Card with valid category A1-18, C09, C24 or C25.
- Parolee I-94 Arrival/Departure Record stamped "Paroled pursuant to [Provision of Law & Date]
- Asylee I-94 Arrival/Departure Record stamped "Asylum Status Granted"
- Asylum Office Letter stating request for asylum has been granted
- Order of an Immigration Judge stating application for asylum has been granted
- Refugee I-94 Arrival/Departure Record stamped "Admitted as a Refugee pursuant to Section 207 of the Act"
- Passport stamped "Admitted as Refugee pursuant to Section 207 of the Act"
- Eligible Visa categories: A, E, G, H-1, H-4 accompanied by H-1, I, K, L, N, O-1, O-3 accompanied by O-1, R, NATO I-7, T, and V.
Things that every student needs to know about establishing Florida residency for tuition purposes - Simply living in the state of Florida for a 12 month period or longer and/or attending school in Florida does not automatically result in qualification for in-state residency.
- To qualify as a resident for tuition purposes you must be a U.S. citizen, permanent resident alien, a legal alien granted indefinite stay by the INS, or qualify under one the of the special categories outlined on the Residency Classification form.
- Documents supporting a student's claim for Florida residency must be dated, issued or filed at least 12 months before the first day of the semester for which residency is being sought.
- Students who are dependent on out-of-state parents are presumed to be legal residents of the same state as their parents.
- Residence in the state of Florida must be for the purpose of establishing a permanent home and not merely incident to enrollment at an institution of higher education.
- A marriage license/certificate is required in all cases where a spouse is claiming residency on their partner's behalf.
- Leases and employment verification show physical presence only. Additional information is required to show legal ties to the state of Florida in order to qualify for residency.
- Legal ties to any state other than Florida is considered evidence that can disqualify a student from being considered as a bona fide resident of Florida. Example: having a license from another state is considered a legal tie to a state other than Florida.
| V. DefinitionsBona Fide Domicile- A person's predominant and principal state of residence and their place of abode that they recognize and intend to maintain as their permanent home.
Claimant - The person who is providing evidence of the establishment of permanent legal residence in Florida. For independent students, the claimant is the student. For dependent students, the claimant can be the student's parent, legal guardian or spouse.
Declaration of Domicile - A sworn statement which states that you reside in and maintain a place of abode in the Florida County of residence in which the document is filed. The signed and notarized document is filed with the Clerk of Courts and states that you relinquish all legal ties with your previous state of residence. The document must be filed 12 months prior to the start of the semester for which Florida residency is sought.
Legal Guardian- A legal guardian is appointed by the Florida court system. If the claimant is the court-appointed legal guardian, the student must submit a copy of the court decree naming the claimant as their guardian. A person other than a parent who claims the student as a dependent for income tax purposes is not considered the student's legal guardian. Notarized letters and Power of Attorney paperwork are not considered legal guardianship documents.
Physical Presence - It is important to note that living or attending school in Florida is not tantamount to establishing a legal residence for tuition purposes. Maintaining a legal residence in Florida requires substantial physical presence as a condition. It is imperative that the required 12 month qualifying period be for the purpose of maintaining a bona fide domicile rather than for the purpose of maintaining a mere temporary residence or abode incident to enrollment in an institution of higher education.
Residency Reclassification: If you have previously attended FAU as a degree-seeking, non-Florida resident and wish to be considered for in-state status, you must request a Reclassification of your residency through the Office of the Registrar. Please read the Residency Reclassification Information form for details and deadlines.
Appeal ProceduresStudents may appeal their residency classification decision. A Residency Classification Appeal form must be submitted along with any additional supporting documentation. You will be notified in writing of the decision of the Residency Appeal Committee following the final review; if residency is denied, reasons for denial will be provided. The decision of the University Residency Appeal committee is final. | |
