Texas Residency

To establish residency through high school graduation, you must:

1. Graduate from a Texas high school or receive a GED in Texas; and
2. Live in Texas for the 36 months immediately before high school graduation; and
3. Live in Texas for the 12 months immediately before the census date (usually the 12th class day) of the semester in which you enroll at the university (or another college or university).

If you are an international student seeking residency through high school graduation, you must submit a Residency Affidavit (PDF) stating that you will apply for permanent residency when you are eligible to do so.

If you are independent for tax purposes, you may gain resident status if you establish domicile in the state. If your parent(s) claim you as a dependent on their federal income tax return, they must establish domicile in the state for you to claim residency.

To establish domicile, you or your parent(s) must meet the following criteria:

1. Live in Texas for 12 consecutive months; and
2. Establish and maintain domicile for 12 consecutive months, as evidenced by:

• Gainful employment in Texas;
  Note: Student jobs do not qualify as gainful employment.
• Sole or joint marital ownership of residential real property in Texas by the person seeking to enroll or the dependent’s parent, having established and maintained a domicile at the residence;
• Ownership and operation of a business in Texas; or

Marriage for one year to a person who has established domicile in Texas.

That degree of proof that will produce a firm conviction or a firm belief as to the facts sought to be established. The evidence must justify the claim both clearly and convincingly.

For purposes of Texas residency determination, a person who: (a) is younger than 18 years of age and has not been emancipated by marriage or court order; or (b) is eligible to be claimed as a dependent of a parent for purposes of determining the parent’s income tax liability under the IRS Code of 1986.

A person’s principal, permanent residence to which the person intends to return after any temporary absence.

Physically residing in Texas with the intent to maintain domicile in Texas for at least the 12 consecutive months immediately preceding the census date of the term of enrollment, allowing for documented temporary absences.

Employment intended to provide an income to a person or allow a person to avoid the expense of paying another person to perform the tasks (as in child care) that is sufficient to provide at least one-half of the individual’s tuition and living expenses or that represents an average of at least twenty hours of employment per week. A person who is self-employed, employed as a homemaker or who is living off his/her earnings may be considered gainfully employed for tuition purposes, as may a person whose primary support is public assistance. Employment conditioned on student status, such as work study, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment.

For purposes of Texas residency determination, a student 18 years of age or older or an emancipated minor who is not claimed by a parent or legal guardian as a dependent for federal income tax purposes during the tax year.

A person who is appointed guardian under the Texas Probate Code, Chapter 693, or a temporary or successor guardian.

To physically reside in Texas with the intent to always return to the state after a temporary absence. The maintenance of domicile is not interrupted by a temporary absence from the state.

A natural or adoptive parent, managing or possessory conservator, or court appointed legal guardian of a person. The term does not include a step-parent.

Sole or joint marital ownership of residential real property in Texas by the person seeking to enroll or the dependent’s parent, having established and maintained domicile at that residence. Owning a time-share, renting a residence or owning a cemetery plot does not constitute property ownership.

A person’s home or other dwelling place.

Absence from the state of Texas with the intention to return, generally for a period of less than five years. For example, the temporary absence of a person or a dependent’s parent from the state for the purpose of service in the U.S. Armed Forces, U.S. Public Health Service, U.S. Department of Defense or U.S. Department of State as a result of an employment assignment or for educational purposes, shall not affect a person’s ability to continue to claim that Texas is his or her domicile.

If your parent or legal guardian lives in another state and claims you as a dependent, you are not eligible to establish Texas residency unless you qualify on the basis of high school domicile or your parent is away on a temporary absence. You may be eligible for Texas residency if a parent or legal guardian resides in Texas and is eligible to claim you as a dependent on his or her federal income tax return.

A temporary absence by a student or parent does not affect your ability to claim residency if the temporary absence is the result of:

• Service in the U.S. Armed Forces, Public Health Service, Department of Defense or Department of State;
• Foreign military conscription;
• Employment assignment; or
• Educational purposes.

To claim a temporary absence, a student or parent must first establish Texas residency, then provide documentation of the reason for the temporary absence. Non-resident classification may result if the temporary absence occurs before completion of at least one year of residency connected to establishment of a domicile.

If you were classified as a Texas resident while you were enrolled at another Texas college or university—and you were enrolled for more than one summer term—you will be classified as a Texas resident at UT Austin. You may be required to verify your residency classification at a previous institution.

Servicemembers may base residency on the state they list as their legal residence, as found on the Leave and Earning Statement (LES). If you do not list Texas as your state of legal military residence, you may be eligible to apply for a waiver of the out-of-state portion of tuition. My Texas Future publishes information about tuition waivers for military members who are not Texas residents.

Teachers and professors employed at least half time on a regular, monthly salaried basis by any Texas public institution of higher education are entitled to pay resident tuition for themselves, their spouses and their dependent children. The waiver of the out-of-state tuition does not depend on the length of the residence in Texas, as long as the effective date of employment for the teacher or professor is on, or prior to, the official census date of the relevant term(s).

To obtain this waiver, such employees must submit, before each semester’s enrollment, a statement certifying employment from the director of personnel or a designated representative of the institution of higher education of which he or she is employed. This provision applies to eligible teachers and professors and their dependents, no matter which Texas public institution of higher education they may attend. It is the intent of this rule that the employment be for the duration of the period of enrollment for which the waiver is awarded. Requests for this waiver should be directed to the Office of Accounting, Tuition/Special Billing.