Virginia Domicile
As U.Va is a state-supported school, an applicant whose parent(s), spouse or legal guardian(s) is legally domiciled in Virginia is eligible for in-state educational privileges in admission and tuition. The applicant must apply for in-state eligibility by completing the Application for Virginia In-State Educational Privileges which may be found in the Supplement to the Common App, available on the Common App website.
The Committee on Virginia Status makes the determination of eligibility based upon the requirements set forth in the Code of Virginia, Section 23-7.4. The Committee may be reached by telephone at: (434) 982-3391, by fax at: (434) 982-2663, and by mail at: P.O. Box 400160, Charlottesville, VA 22904. Submission via the Common App website is preferred.
The Committee will notify the applicant if supporting documentation is necessary. If you fax a document to the Committee, you should not mail the original. All supporting documentation should be sent to the Committee when the CommonApp is submitted in order to avoid delaying review of the admission application. Due to volume, the Committee cannot acknowledge receipt of supporting documentation. The applicant will only be notified if requested supporting documentation has not been timely provided.
Information for All Students
This information regarding in-state eligibility is general; it will not apply to each applicant’s domicile circumstances. For additional information the applicant will want to review the requirements for the establishment of Virginia domicile set forth in the Code of Virginia, Section 23-7.4 and at the State Council on Higher Education of Virginia’s website at: www.schev.edu. Any questions regarding eligibility may be directed to the Committee. The Committee will not, however, make an eligibility determination if an Application for Virginia In-State Educational Privileges has not been submitted. Once the Committee has made a determination the applicant will see this noted on the Student Information System account.
Nothing below is intended to amend existing law or policy with respect to eligibility for in-state status.
Q: What rules and procedures govern who is considered an "in-state" student?
A: Section 23-7.4 of the Code of Virginia and its attendant guidelines outline the requirements that you must meet to be classified as "in-state" for educational purposes.
Q: What is domicile?
A: "Domicile" is the present, fixed home of an individual to which one returns following temporary absences and at which one intends to remain indefinitely. An applicant under the age of 24 is statutorily presumed to share the domicile status of his or her parent(s) whether or not the applicant lives with his or her parent(s). This statutory presumption may only be overcome by clear and convincing evidence that the applicant has established a Virginia domicile independent of his or her parent(s).
Q: How long must I be domiciled in Virginia before I can be considered "in-state"?
A: The applicant or his or her parent(s), spouse or legal guardian(s) must be domiciled in Virginia for at least twelve continuous months immediately preceding the first day of classes. State law requires that the applicant, his or her parent(s), spouse or legal guardian(s) must physically reside in Virginia for twelve months while simultaneously demonstrating intent to be domiciled in Virginia. Intent to be a Virginia domicile is demonstrated by paying resident taxes to Virginia, obtaining a Virginia driver's license, motor vehicle and voter registrations. Domicile intent may be demonstrated in other ways, including employment, ownership of property and social and economic relationships to Virginia. There is no “checklist” of conduct necessary to establish a Virginia domicile and each claim of eligibility for in-state privileges will turn on its specific facts.
Q: May I leave the state temporarily?
A: Once the applicant, parent(s), spouse or legal guardian(s) has established domicile in Virginia, he or she may be absent from the State. Temporary absences, even if extended, do not automatically defeat a claim of eligibility. The applicant, parent(s), spouse or legal guardian(s) will be expected to demonstrate that he or she files resident Virginia income tax returns (Form 760) each year of absence from the State on which all earned income is declared, regardless of source. Additionally, the applicant, parent(s), spouse or legal guardian(s) must do nothing incompatible with the claim of Virginia domicile, such as registering to vote in another state. Obtaining a driver’s license and/or motor vehicle registration in another state or country does not automatically make the applicant ineligible for in-state privileges.
Q: Who can be considered a dependent student?
A: Any applicant under the age of 24 listed as a dependent on state or federal tax returns of parent(s) or legal guardian(s) or who receives substantial financial support from them for the year prior to the semester for which in-state eligibility is sought. A married student whose spouse provides substantial financial support may be a dependent applicant even though he or she may not be claimed as such for income tax purposes.
Q: Who is considered an independent student?
A: Any applicant past the age of majority whose parents have surrendered the right to care, custody and support and have not claimed the student as a dependent on state and federal income tax returns for at least twelve months prior to the semester for which entitlement is sought. All of the following are also statutorily deemed to be independent: a veteran or active duty member of the US Armed Forces, a graduate or professional school student, a married student, a ward of the court or one who was a ward of the court until age 18, a student who has no adoptive or legal guardian when both parents are deceased, a student able to present clear and convincing evidence of financial self-sufficiency. An applicant over the age of 24 is statutorily presumed to be financially independent unless he or she can provide clear and convincing evidence of financial dependence.
Q: What is substantial financial support?
A: "Substantial financial support" is statutorily defined as over half an applicant’s support.
Q: Who is a legal guardian for purposes of domiciliary status?
A: A legal guardian is someone with personal or financial responsibility for a minor and who has been created by law, such as a court order. An applicant is expected to provide documentation of legal guardianship. An applicant may not be subject to a legal guardianship once he or she has reached the age of 18. Therefore, an applicant over the age of 18 may not claim eligibility based upon the domicile status of a legal guardian. If the Committee determines that a guardianship was effected to claim eligibility for in-state privileges, the Application for Virginia In-State Educational Privileges will be denied.
Q: Can I establish "in-state" status while I am a student?
A: If the parent(s), spouse or legal guardian(s) of a dependent applicant move to Virginia and fulfill the requirements of domicile, an enrolled out-of-state student should submit an Application for Virginia In-State Educational Privileges prior to the first day of classes for the semester for which entitlement is sought.
An enrolled out-of-state student, under the age of 24, is not automatically eligible for in-state privileges after living in Virginia for one year as a full time student. The enrolled out-of-state student would be required to demonstrate, by clear and convincing evidence, that he or she did not move to Virginia primarily for educational objectives and that he or she intends to remain in Virginia indefinitely. Additionally, the enrolled out-of-state applicant would be expected to demonstrate, by clear and convincing evidence, that he or she is financially independent. The enrolled out-of-state student, over the age of 24, would not be required to demonstrate financial independence but would be required to demonstrate the other two factors mentioned above.
Q: If my parent(s), spouse or legal guardian(s) move from Virginia do I lose my in-state privileges?
A: The Code of Virginia, Section 23-7.4 allows the enrolled in-state student a one year grace period from the date of the parent(s), spouse or legal guardian(s)’ move from Virginia. If the one year grace period ends in the middle of a semester, the enrolled in-state student gets the benefit of in-state tuition for the remainder of that semester. The one year grace period is inapplicable to applicants who are not yet enrolled at U.Va at the time of parent(s), spouse or legal guardian(s)’ move from Virginia.
Q: If my parents are divorced or separated am I eligible for in-state educational privileges if one parent lives in Virginia?
A: An applicant whose parent(s) are divorced or separated may claim eligibility based upon the domicile status of the parent with whom he or she resides, upon the domicile of the parent who claims the applicant as a dependent for income tax purposes or the domicile of the parent who provides substantial financial support.
Q: When may I apply for in-state status?
A: The Application for In-State Privileges is part of the U.Va Supplement to the CommonApp. See the application timetable for first-year and transfer applicant deadlines. In the case of a currently enrolled student, the Application may be submitted until the first day of classes of the term for which entitlement is sought. It is best, however, to submit the Application at least thirty days prior to the start of classes.
Q: Do I need to reapply for in-state tuition privileges prior to each semester?
A: An enrolled in-state student does not have to reapply for in-state tuition prior to each semester. However, if the enrolled in state student’s parent(s), spouse or legal guardian(s)’ address should change, the student is expected to notify the Committee on Virginia Status.
Q: Are non-citizens capable of establishing "in-state" status?
A: Non-United States citizens are legally capable of establishing domicile when they have been granted the status of lawful permanent residents by the U.S. Citizenship and Immigration Services, or if they possess a visa in a category eligible to establish in the U.S.
The non-citizen applicant, like the citizen applicant, bears the burden of demonstrating eligibility based upon clear and convincing evidence. The non-citizen applicant or non-citizen parent(s), spouse or legal guardian(s) is expected to provide copies of permanent resident card, visa or proof of asylee status.
Q: Can the non-military spouse establish Virginia domicile separate from the domicile of the active military spouse who is a non-Virginian?
A: Yes, but the non-military spouse must meet the same domicile requirements as any new resident to the State.
Information for Dependents of Military Parents
Q: Is the dependent applicant of an active duty military member assigned to a base in Virginia or one of the contiguous states or the District of Columbia eligible for in-state privilege?
A: Yes, provided that the active duty military member is residing in Virginia. The applicant or his or her parent(s) will be expected to provide proof of the military member’s active duty status.
Q: Is the active duty military member required to reside in Virginia for one year before eligibility may be sought?
A: No, the one year residence requirement is waived for the active duty military member.
Q: Can the non-military spouse establish Virginia domicile separate from the domicile of the active military spouse who is a non-Virginian?
A: Yes, provided that the non-military spouse meets the statutory requirements for the establishment of Virginia domicile; specifically: twelve months physical residence in Virginia with simultaneous demonstration of domicile intent.
Q: Does the non-military spouse lose his or her domicile status based upon a move from Virginia?
A: If the non-military spouse establishes domicile in Virginia and then moves from the State to follow his or her military spouse to another assignment, the non-military spouse does not necessarily lose his or her domicile. The eligibility determination will depend upon whether the non-military spouse abandoned or maintained his or her Virginia domicile status despite the move from Virginia.
Q: Does the non-military spouse have to be the applicant’s primary source of financial support?
A: If the non-military spouse has established a Virginia domicile and claimed the dependent applicant on state or federal income tax returns, the non-military spouse is not subject to any minimum income requirement. The non-military spouse does not necessarily have to be the applicant’s primary source of financial support.
Q: If either my parent or I am a veteran, am I eligible for in-state privileges?
A: The applicant or his or her parent retired from the military and residing in Virginia is eligible for in-state privileges. The applicant or his or her parent will be expected to provide proof of retirement or separation from military service. The retired or separated individual is expected to demonstrate domicile intent but need not have resided in Virginia for twelve months.
Information for Dependents of Non-Residents Employed in Virginia
Q: Am I eligible for in state privileges if either my parent or I live outside Virginia but work full time in Virginia?
A: Yes, provided that three statutory requirements are met. The applicant or his or her parent(s)
commutes from a residence outside Virginia to a work-site in Virginia and has been employed full time in Virginia for the year prior to the semester for which entitlement is sought and has paid Virginia income taxes on all taxable income earned in Virginia for the tax year prior to the term for which entitlement is sought. The applicant or his or her parent will be expected to provide a letter verifying Virginia employment and a copy of the most recent Virginia tax return.
Appeal Process
Q: My Application for Virginia In-State Educational Privileges was denied. Do I have a right of appeal?
A: Yes, the Code of Virginia, Section 23-7.4 and U.Va policy allow an applicant to appeal the denial of his or her Application for Virginia In-State Educational Privileges. The applicant must notify the Director of the Committee on Virginia Status, in writing, of his or her intent to appeal.
This notification must be received no more than fourteen calendar days after posting of the denial. If notification is received after fourteen calendar days, it will be deemed untimely and an appeal will not be heard. If the Committee on Virginia Status affirms the denial of eligibility, the applicant has a right of final administrative review by the Office of the President. The request for this review must be made to the Director of the Committee on Virginia Status no more than fourteen calendar days after receipt of the Committee’s determination. Requests not timely made will not be reviewed by the Office of the President.
All questions regarding the requirements of Virginia domicile and eligibility for in-state privileges should be directed to the Committee on Virginia by telephone to: (434) 982-3391 or email.
