Committee Guidelines for Determination of Residency for Tuition Purposes
Residency Committee Purpose: The Residency Committee was established to enable the administrative officers at Florida Atlantic University to accurately classify each student as either a Florida resident for tuition purposes or a Non-Florida resident for tuition purposes and to serve as a point of appeal. The Residency Committee strives to provide fairness and equity to all students of the University in accordance with section 1009.21 of the Florida Statutes, Florida Board of Governors Resolutions and the Residency Guidelines adopted by the Articulation Coordinating Committee of the Florida Department of Education.
Florida Residency for Tuition Purposes Regulations: To qualify as a Florida resident for tuition purposes, the student (or claimant, if the student is dependent) must be a U.S. Citizen, permanent resident alien, or a legal alien granted indefinite stay by the U.S. bureau of Citizenship and Immigration Services and must have established both physical and legal residence in Florida for at least one year prior to the start of classes for the term in which enrollment is sought. The residency period may not be incident to enrollment in an institution of higher education.
I. Determination of Dependent or Independent status
A. Independent students are those who are:
1. 24 years of age or older by the first day of class
2. Married, or have dependent children or other dependents receiving more than half of the student’s support
3. Veterans or those currently serving active duty
4. Ward of the court or who have deceased parents
5. Pursuing a masters or doctoral degree
6. Classified as Independent by the Financial Aid officeB. Independent Student Exceptions: A student may also be classified as Independent without meeting the above criteria if the student provides 50% or more of the cost of attendance for in-state students ($10,000).This is based on the income declared on copies of the student’s and parent’s most recent federal income tax return, and the cost of attendance as established by the University.
C. Dependent students are those who do not meet any of the definitions outlined above.
D. A student not claimed as a dependent on federal tax returns is not assumed to be independent and must still satisfy these requirements to show independent status.
II. Determining Physical Presence vs. Legal Ties. (It is important to note that in addition to physical presence, a student or claimant must also demonstrate legal ties to Florida).
A. Physical Presence : 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.
B. Legal Ties:
Primary Documentation used to prove legal ties to Florida:*
1. Florida Driver’s License
2. Vehicle Registration
3. Voter’s Registration
4. Proof of Employment
5. Declaration of Domicile
6 .Proof of purchase of permanent home
*Other documentation, as sited in the Guidelines on Florida Residency for Tuition Purposes manual, may be requested.
C.Mere Student: The 12 month period of physical presence must be for the purpose of maintaining a permanent home; not for maintaining a temporary residence while enrolled in an institution of higher education. The following factors will be considered to determine if presence was incident to enrollment in an institution of higher education:
1.Out-of-state students enrolled full-time in a Florida institution during the qualifying period will not generally meet criteria for becoming an in-state student for tuition purposes in Florida.
2. Continuous enrollment is defined as at least two terms each 12-month period beginning with the student’s first enrollment in an institution of higher education.
3. Individuals who were employed full-time (one or more jobs for at least 30 hours per week for a 12-month period) during the qualifying period generally will meet criteria for becoming a Florida resident for tuition purposes.
III. “All-Florida” Classification: This classification was created for students (and claimants, if dependent) whose residency and educational history indicate Florida exclusively. “All-Florida” is a procedure used to expedite residency determination at the time of application. Copies of documents are not required unless inconsistent information arises.
IV. Students from Florida Public Community Colleges and Universities
A. Transfer Students: Florida residency status, as established by another Florida public college or university, may be accepted by FAU for transfer students who have been enrolled in the Florida institution within the last 12 months. Such determination is normally accepted unless contradictory information arises.
B. Transient Students: Transient student’s residency status will be determined by their home institution.
V. Exceptions: Certain applicants who do not meet the 12-month legal residence requirement may be eligible to be classified as Florida residents or “temporary residents” for tuition purposes.
A. Documentation in support of the following exceptions is required.
1. Dependent children residing continuously with a legal resident adult relative other than the parent for at least 5 years immediately prior to the first day of classes of the term which Florida residency is sought.
2. Persons married to legal Florida residents and who intend to make Florida their permanent home, and who relinquish their legal ties to any other state.
3. Active duty members of the Armed Services of the United States residing or stationed in Florida (and spouse/dependent children); active duty members of the Florida National Guard (and spouse/dependent children) or military personnel not stationed in Florida whose home of record or state of legal residence certificate, DD Form 2058, is Florida (and spouse/dependent children).
4. Full time instructional and administrative personnel employed by the State public school system, community colleges and institutions of higher education (and spouse/dependent children).
5. Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program per s. 1009.988(2). (Pre-Paid ID card required.)
*Additional exceptions listed in the Guidelines on Florida Residency for Tuition Purposes manual.
VI.Immigration & International Students
A. Permanent Resident: Defined as a person granted permanent resident status in the U.S. as classified by form I-551 or I-151. Permanent residents are eligible to qualify as Florida residents for tuition purposes.
B. Non-Immigrant: Defined as a foreign national who has entered the U.S. on a temporary visa status for a specific purpose and may have restrictions on activity. Persons with certain visa types as determined by the Florida Board of Governors may be eligible as a Florida resident for tuition purposes.
C. Undocumented Immigrant: A foreign national who lives in the U.S. without required immigration documentation. Undocumented immigrants are not eligible as Florida residents for tuition purposes.
D. Immigration and International Student Exceptions:
1. Certain non-U.S. Citizens, such as lawful permanent residents, temporary permanent residents, asylees, parolees, and refugees, who have applied for and been approved for such status and who otherwise meet the 12 month legal residence requirements, are eligible to establish Florida residency for tuition purposes. Provided that the non-U.S. citizen has proof of his or her permanent immigration status, he or she may be classified as a Florida resident 12 months from the time he or she establishes legal Florida residence for tuition purposes (e.g., 12 months from the time he or she purchases a Florida home, obtains a Florida driver's license, etc.). It is not necessary to wait 12 months from the date he or she becomes an eligible alien (e.g., the date of the resident alien card (I-551) is issued).
2. Nonimmigrant categories eligible to establish Florida residency for tuition purposes. Persons in nonimmigrant visa categories not listed herein shall be considered ineligible to establish Florida residency for tuition purposes.
Visa category A
Visa category E
Visa category G
Visa category H-1
Visa category H-4
Visa category I
Visa category K
Visa category L
Visa Category N
Visa Category O-1
Visa category O-3
Visa category R
Visa category NATO I-7
Visa category T
Visa category V
Non-U.S. citizens who fall within the following categories shall also be considered 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 U.S. Bureau of Citizenship and Immigration Services receipt or Immigration Court stamp.
* Eligible visa categories and U.S. Bureau of Citizenship and Immigration Services classifications are listed in the Guidelines on Florida Residency for Tuition Purposes manual.
VII. Other Relevant Definitions:
A.Bona Fide Domicile- A person's home of apparent true, fixed, and permanent nature, a place of actual residing for all purposes of living that may be distinguished from a temporary sojourn in this state as a student.
B. 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.
C. Declaration of Domicile- A sworn statement which states that a person resides in and maintains 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 the person relinquishes all legal ties with his or her previous state of residence. The document must be filed 12 months prior to the start of the semester for which Florida residency is sought.
D. 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.
