Understanding Texas Residency For International Students

International students in Texas are classified as 'foreign' or 'international' students, and this classification impacts their eligibility for resident tuition rates and financial aid. Texas residents are eligible to pay lower in-state tuition rates and apply for financial aid. International students can qualify for in-state Texas resident tuition in several ways, including graduating from a Texas high school, transferring from a Texas college, or establishing domicile in Texas. However, certain visa types, such as F-1 and J-1 visas, do not allow international students to establish domicile in Texas.

International students need an eligible visa to qualify for Texas residency

Texas state law classifies each person who applies for admission to a Texas public college or university as a resident of Texas, nonresident, or foreign (international) student. This classification determines whether a student will pay the in-state or out-of-state tuition rate.

International students who hold an eligible visa can qualify for Texas residency. However, the typical F-1 visa most students hold does not count as an eligible visa. Students on F and J visas in high school are not eligible for residency because they are in Texas to attend school, do not continuously reside in Texas, and maintain their residence in their home country.

To establish residency in Texas, international students must be independent of their parents, live in Texas for 12 consecutive months, and establish residency through one of several ways, such as being employed for an average of 20 hours per week or owning and operating a business in Texas. Gainful employment can be a basis for establishing a domicile; however, employment conditioned on student status, such as work-study, does not constitute gainful employment.

If an international student is a dependent on their parent's federal income tax return, their parent(s) or legal guardian(s) must establish domicile in Texas for them to claim residency. To establish domicile, the parent(s) or guardian(s) must meet the following criteria:

• Have sole or joint marital ownership of residential real property in Texas.
• Establish and maintain a domicile at the residence.

Additionally, international students transferring from a Texas college or university who were previously classified as Texas residents for tuition purposes should submit additional documents or information to their respective admissions office no later than two weeks before the start date of the semester for which they are applying.

Residency criteria for tuition purposes differ from those for voting or obtaining a driver's license

International students can qualify for in-state, Texas resident tuition in several ways. Texas state law classifies each person who applies for admission to a Texas public college or university as a resident of Texas, a nonresident, or a foreign (international) student. This classification impacts eligibility for resident tuition rates and financial aid.

The criteria for establishing Texas residency for tuition purposes are different from those for voting or obtaining a driver's license. While voting and driver's license requirements typically focus on physical presence and intent to remain in the state, tuition residency criteria in Texas are more rigorous.

To qualify for in-state tuition rates in Texas, international students must meet specific requirements. One option is to establish domicile in Texas. This can be done by owning residential property, operating a business, or being married to someone who has established domicile in the state. International students must also live in Texas for at least 12 consecutive months before the census date of the term of enrollment.

Another option for international students to establish Texas residency is through high school graduation. They must graduate from a Texas high school or receive a GED/Certificate of High School Equivalency in Texas. Additionally, they must live in Texas for 36 consecutive months before high school graduation and 12 months before the census date of the semester they enroll in university.

It's important to note that residency criteria for tuition purposes are separate from those for voting or obtaining a driver's license. The requirements for voting or a driver's license may focus more on physical presence and intent to remain in the state, but tuition residency criteria in Texas involve additional factors, such as property ownership, employment, and educational background.

Students can establish residency through high school graduation

Texas state law classifies each person who applies for admission to a Texas public college or university as either a resident of Texas, a nonresident, or a foreign (international) student. This classification impacts eligibility for resident tuition rates and financial aid.

International students can qualify for in-state, resident tuition in several ways. One of these ways is by establishing residency through high school graduation. This option is available to US citizens or permanent residents and, in some cases, to international students with certain eligible visa types.

To establish residency through high school graduation, the following requirements must be met:

• Graduate from a Texas high school or receive a GED/Certificate of High School Equivalency in Texas: The student must have completed their secondary education in Texas or received a recognized equivalent qualification in the state.
• Live in Texas for 36 consecutive months before high school graduation: The student must have resided in Texas for three years immediately preceding their high school graduation. This demonstrates a sustained presence in the state.
• Live in Texas for 12 consecutive months before the census date of the semester of enrollment: The student must continue to live in Texas for the year leading up to their enrollment at a Texas college or university. This ensures they maintain their Texas residency.

It is important to note that students on F and J visas in high school are generally not eligible for Texas residency because they are considered to be in Texas primarily for educational purposes and have maintained their residence in their home country. Additionally, gainful employment, such as work-study programs or fellowships, does not constitute establishing domicile for residency purposes.

The specific requirements and processes for establishing Texas residency may vary among institutions, so it is essential to refer to the guidelines provided by the respective college or university.

Students must submit the Core Residency Questionnaire to petition for reclassification of residency status

International students can qualify for in-state, Texas resident tuition in several ways. These include:

• Graduating from a Texas high school or receiving a GED/Certificate of High School Equivalency in Texas, and living in Texas for 36 consecutive months before high school graduation or receipt of the certificate, and living in Texas for the 12 months immediately before the census date of the semester in which the student enrolls.
• Senate Bill 1528 (attended 3 years of Texas High School)
• Transferring from a Texas College/University where state rules were previously met
• Domicile-eligible immigration status and 12 months of Texas residency based on self or parent (for eligible minors)

Students basing residency on their parent's immigration status must submit the following items:

> All documents are due to your respective admissions office no later than 2 weeks before the start date of the semester for which you are applying. We cannot guarantee that residency documents received after that deadline will be processed before tuition payments are due.

To establish domicile, students or their parents/guardians must meet the following criteria:

• Have sole or joint marital ownership of residential real property in Texas by the person seeking to enrol or the dependent's parent, having established and maintained a domicile at the residence
• Gainful employment can be a basis for establishing a domicile; however, employment conditioned on student status, such as work study, does not constitute gainful employment

Persons in the military and their families are presumed to maintain the same legal residence that was in effect at the time of entering military service. Persons stationed in Texas are presumed not to establish a legal residence in Texas because their presence is not voluntary. If Texas residency is maintained throughout military service, a copy of the LES (leave and earning statement) from a year ago and a current LES will be required. Dependents of a parent or spouse who is active duty stationed in Texas may qualify for the military waiver for tuition purposes but will need to fill out the Military Duty Statement.

The Core Residency Questionnaire must be submitted by students petitioning for reclassification of residency status. This can be done by uploading the completed form and all supporting documents to the UTD Student Centre before the first day of class for the current term. The residency committee may request additional documentation after reviewing the form. If the student's classification is changed to resident status before the full-term census date, they are entitled to a refund of any amount paid in excess of the resident rate.

Texas residency is based on domicile, which can be established through gainful employment

Texas residency is determined by two main factors: the graduation of the student from a Texas high school and the establishment of domicile. The first option is available to citizens, permanent residents, and some international students. To establish residency through high school graduation, one must graduate from a Texas high school or receive a GED/Certificate of High School Equivalency in Texas, live in Texas for 36 months before high school graduation or receipt of the certificate, and live in Texas for 12 months before the census date of the semester in which the student enrolls.

The second option, which is based on establishing domicile, is available to citizens or permanent residents of the U.S. and to international students with certain eligible visa types. To establish domicile, one must live in Texas for 12 consecutive months before the application deadline and establish and maintain domicile for 12 consecutive months before the application deadline. Gainful employment can be used as a basis for establishing domicile. However, it is important to note that employment conditioned on student status, such as work-study or assistantships, does not constitute gainful employment.

For dependent individuals, the establishment and maintenance of domicile in Texas for 12 consecutive months before the census date of the semester in which the student enrolls is required. This can be done through gainful employment, which is defined as employment that provides at least half of the individual's tuition and living expenses or an average of at least 20 hours per week. In addition, dependent individuals must submit an Employment Verification Letter confirming employment at a Texas-based location for 12 consecutive months before the census date of the semester in which the student enrolls.

Non-citizens and non-permanent residents may also establish domicile if they have an application for permanent residency on file with the U.S. Citizenship and Immigration Service for at least a year without being denied. International students who hold an eligible visa or immigration status to domicile in the U.S. can also establish domicile. However, F1 Visa Holders are not eligible to domicile in the U.S. and thus cannot apply for in-state residency.

Frequently asked questions