Residency and Tuition
How to Apply for Residency
All U.S. citizens, permanent residents and others included in Section 4 of the
Board of Education Rule 6a-10.044 above are eligible to apply for Florida
residency. Residency for tuition purposes is controlled exclusively by laws
enacted by the Florida Legislature. For the purpose of assessing tuition,
residency and nonresidency status shall be determined as provided in
Classification of Students, Florida or Non-Florida (Section 6A-10.044, Florida
Administrative Code), Section 240.1201, Florida Statutes, and the Florida State
University System Residency Policy and Procedure Manual [revised effective
October 17, 2000]. For the entire law, see http://www.leg.state.fl.us/statutes.
Staff members in the Office of the University Registrar review applications for
Florida resident status, together with supportive documentation, and render a
decision based on the documentation and the requirements of Florida law.
This law, the rules, and the implementation manual presume that students
initially classified as nonresident will not be reclassified as residents
merely by being enrolled for 1 year. The applicant is responsible for providing
all of the documents needed to merit a reclassification for tuition purposes.
A student wishing to establish residency should pick up the Request for Change
in Residency Status form from the Office of the University Registrar, 222
Criser Hall, to review the information and items that may be requested when the
student files for Florida residency for tuition purposes.
Residency for Graduate Students
on Appointment
Graduate research and teaching assistants and fellows who are United States
citizens or permanent residents are eligible for in-state residency for tuition
purposes after completing 3 consecutive terms over 12 consecutive months.
By University of Florida policy, all eligible students must take appropriate
actions to become in-state residents for tuition purposes at the start of their
first term of enrollment and no later than the end of drop/add. Among other
criteria listed In the Florida Administrative Code (see above),these actions
may include (1) registering as a voter in Florida; (2) obtaining a Florida
driver’s license or Florida ID; (3) obtaining a Florida vehicle registration
and insurance if appropriate; and (4) completing a declaration of domicile.
Information to accomplish these tasks is available from the academic unit’s
graduate coordinator. Final determination of residency status is made by the
Office of the University Registrar.
Before the start of their second year of enrollment, students must file the
appropriate documentation with the Office of the University Registrar before
the end of drop/add. Students who are eligible but do not file the appropriate
documents must speak with the graduate coordinator before the end of
drop/add. Students who are eligible but do not file the appropriate documents
must speak with the graduate coordinator before the end of drop/add.
Florida Administrative Code
Classification of Students: Florida or Non-Florida (6A-10.044, Florida
Administrative Code) Residency for Tuition Purposes.
The purpose of this rule is to establish consistent policies for the
classification of students as residents for tuition purposes. The
determinations of classification or reclassification shall be consistent to
assure that students are classified the same regardless of the institution
determining the classification.
(1) The classification of a student as a Florida resident for tuition purposes
by an institution or entity governed by Section 1009.40, Florida Statutes,
shall be recognized by other public postsecondary institutions to which the
student may later seek admission, provided that student has attended the
institution or entity making the classification within the last twelve (12)
months and the residency is noted on the student’s transcript. Once a student
has been classified by an institution or entity as a resident for tuition
purposes, institutions to which the student may transfer are not required to
re-evaluate the classification unless inconsistent information suggests that an
erroneous classification was made or the student’s situation has changed.
(2) Non-U.S. citizens such as permanent residents, parolees, asylees, refugees,
or other permanent status persons (e.g., conditional permanent residents and
temporary residents), who have applied to and have been approved by the U.S.
Bureau of Citizenship and Immigration Services with no date certain for
departure shall be considered eligible to establish Florida residency for
tuition purposes.
(3) Nonimmigrants holding one of the following visas shall be considered
eligible to establish Florida residency for tuition purposes. Persons in visa
categories not listed herein shall be considered ineligible to establish
Florida residency for tuition purposes.
-
(a) Visa category A – Government official.
-
(b) Visa category E – Treaty trader or investor.
-
(c) Visa category G – Representative of international organization.
-
(d) Visa category H-1 – Temporary worker performing professional nursing
services or in a specialty occupation.
-
(e) Visa category H-4 – Only if spouse or child of alien classified H-1.
-
(f) Visa category I – Foreign information media representative.
-
(g) Visa category K – Fiancé, fiancee, or a child of United States citizen(s).
-
(h) Visa category L – Intracompany transferee (including spouse or child).
-
(i) Visa category N – Parent or child of alien accorded special immigrant
status.
-
(j) Visa category O-1 – Workers of “extraordinary” ability in the sciences,
arts, education, business, or athletics.
-
(k) Visa category O-3 – Only if spouse or child of O-1 alien.
-
(l) Visa category R – Religious workers.
-
(m) Visa category NATO 1-7 – Representatives and employees of NATO and their
families.
-
(n) Visa category T – Victims of trafficking, who cooperate with federal
authorities in prosecutions of traffickers, and their spouses and children.
-
(o) Visa category V – Spouses and children of lawful permanent residents.
(4) Non-U.S. citizens who fall within the following categories shall also be
considered eligible to establish Florida residency for tuition purposes:
-
(a) Citizens of Micronesia.
-
(b) Citizens of the Marshall Islands.
-
(c) Beneficiaries of the Family Unity Program.
-
(d) Individuals granted temporary protected status.
-
(e) Individuals granted withholding of deportation status.
-
(f) Individuals granted suspension of deportation status or cancellation of
removal.
-
(g) Individuals granted a stay of deportation status.
-
(h) Individuals granted deferred action status.
-
(i) Individuals granted deferred enforced departure status.
-
(j) Applicants for adjustment of status.
-
(k) Asylum applicants with INS receipt or Immigration Court stamp.
(5) If a declaration of domicile, pursuant to Section 222.17, Florida Statutes,
is being used as one of the documents to establish residency for tuition
purposes, the date that an applicant shall be deemed as establishing residency
for tuition purposes shall be twelve (12) months hence from the date that the
Clerk of Circuit Court notes the declaration was sworn and subscribed to them.
Nothing in this subsection shall prevent the use of additional documentation as
evidence that legal residency was established by other means pursuant to
Section 1009.21(1)(c), Florida Statutes, as of a date earlier than that
established by the Declaration of Domicile.
(6) An applicant shall be classified at the time of initial classification as an
“All Florida” resident for tuition purposes, and the institution to which the
applicant is applying shall grant the applicant residency for tuition purposes,
if all of the following criteria are met. If the applicant does not meet all of
the criteria, he or she must be evaluated to determine residency status.
-
(a) Students requesting All Florida resident status as an independent person
must meet all of the following criteria:
-
1. The student’s nation of citizenship is the United States;
-
2. The student is twenty-four (24) years of age or over;
-
3. The student’s permanent address is a Florida address;
-
4. The high school from which the student graduated is a Florida high school;
-
5. Every institution the student attended is located in the State of Florida;
and
-
6. The student provides written or electronic verification that he or she has
been issued two (2) of the following three (3) Florida documents that are dated
more than twelve (12) months old: a voter’s registration, a driver’s license or
a vehicle registration.
-
(b) Students requesting All Florida resident status as a dependent person must
meet all of the following criteria:
-
1. The student is eligible to be claimed by his or her parent or legal guardian
as a dependent under the federal income tax code;
-
2. The student’s nation of citizenship is the United States;
-
3. The student is under twenty-four (24) years of age;
-
4. The student’s mother, father or legal guardian is the person claiming Florida
residence;
-
5. The student’s mother, father or legal guardian claiming Florida residence has
a Florida permanent legal address; and
-
6. The student’s mother, father or legal guardian claiming Florida residence
provides written or electronic verification that he or she has been issued two
of the following three Florida documents that are dated more than twelve (12)
months old: a voter’s registration, a driver’s license or a vehicle
registration.
-
(7) An applicant, who at the time of initial classification is not classified as
an All Florida resident for tuition purposes, shall be further assessed by the
institution to which the applicant is applying. The student shall provide clear
and convincing evidence that establishes that he or she, or if a dependent, the
student’s mother, father, or guardian, has been a Florida resident for the
preceding twelve (12) months. No single piece of documentation shall be
conclusive.
-
(a) The documentation may include, but is not limited to, the following:
driver’s license, voter registration card, vehicle registration, declaration of
domicile, proof of purchase of a permanent home, transcripts from a Florida
school for multiple years, proof of permanent full-time employment, a
Professional or Occupational License, Florida incorporation, documents
evidencing family ties, proof of membership in organizations, and any other
documentation that supports the student’s request for resident status.
-
(b) Dependent or independent status will be based on a copy of a student’s or
his or her parents’ most recent tax return or other documentation. A dependent
person will be one for whom fifty (50) percent or more of his or her support
has been provided by another as defined by the Internal Revenue Service. An
independent person will be one who provides more than fifty (50) percent of his
or her own support.
-
(c) An independent or dependent student who is enrolled full-time in an
institution and is seeking to be re-classified as a resident for tuition
purposes, must provide such documentation which substantiates that he or she,
or if a dependent, the student’s mother, father, or guardian, is establishing
Florida as his or her permanent domicile and not as a mere temporary residence
incident to the enrollment in higher education.
-
(8) A student, or if a dependent, his or her father, mother or guardian, must
maintain legal residence in the state of Florida for at least twelve (12)
months immediately prior to the first day of classes of the term for which
residency status is sought at a Florida institution. Institutions may establish
submission deadlines for all documentation that will be used to determine
residency for tuition purposes. The burden of providing the documentation,
which justifies the classification of a student as a resident for tuition
purposes, rests with the applicant.
-
(9) Notwithstanding the foregoing, institutions shall classify persons as
residents for tuition purposes in accordance with the criteria set forth in
Section 1009.21, Florida Statutes.
-
(10) For purposes of determining residency for tuition purposes, any reference
to federal or state government shall be construed as meaning U.S. federal or
Florida state government.
-
(11) In determining the domicile of a married person, the determination of a
legally married person shall be consistent with Chapter 741, Florida Statutes.
-
(12) Definitions.
-
(a) The term “institution,” as used in this rule when adopted by the Board of
Governors shall mean state universities, and when adopted by the State Board of
Education shall mean community colleges, with the understanding that both
Boards shall coordinate and cooperate as a K-20 system.
-
(b) Community colleges shall mean those set forth in Section 1000.21(3), Florida
Statutes.
-
(c) State universities shall mean those set forth in Section 1000.21(6), Florida
Statutes.
-
(d) The term “full-time” shall mean enrollment in twelve (12) or more credits
per term for undergraduate students and nine (9) or more credits per term for
graduate students. Institutions may provide exceptions for students such as,
dissertation students, co-op students, or students with disabilities.
Tuition Payments
Florida resident tuition payments:
available to graduate assistants and fellows who meet the eligibility
requirements. Any change in the student’s academic or employment status after
processing a tuition payment will result in the original payment being updated,
reduced, or voided as appropriate.
Non-Florida resident tuition payments: available to out-of-state students
who hold graduate assistantships or fellowships and who meet the eligibility
requirements. Any change in the student’s academic or employment status after
processing a tuition payment will result in the original payment being updated,
reduced, or voided as appropriate.
|