Texas Residency
Residency for tuition purposes can be established in several ways: through high school graduation in Texas, as a dependent individual, as an independent individual or as a military individual.
Residency determinations for tuition are based on guidelines set by the state of Texas and administered by the Texas Higher Education Coordinating Board. The official Texas Administrative Code rules and regulations concerning residency are available.
Determining Residency
When you apply to a Texas college or university, the school uses the information on your application to decide if you qualify as a Texas resident. These decisions follow rules set by the Texas Higher Education Coordinating Board.
Why am I classified as a non-resident when I’ve lived in Texas for years? How can I update or correct my residency status?
- Don’t worry — some individual school applications do not require you to complete the Texas Residency section during the initial application process. As a result, you may be automatically classified as a non-resident until you submit the required residency information.
- To update your residency status, please complete the Texas Residency Questionnaire. Be sure to answer all questions as thoroughly and accurately as possible. Once submitted, our team will review and process your application promptly.
Who Is Eligible to Establish Residency
- A U.S. Citizen.
- A Permanent Resident (Green Card holder).
- A person who is eligible for permanent resident status (has filed an I-485).
- A nonimmigrant who holds a visa type eligible for domicile, excluding F-1/F-2, J-1/J-2, or TN/TD visas.
- Please refer to the Immigration Status page to see a list of visa types eligible to establish and maintain domicile for tuition purposes.
- A person classified by the USCIS as a Refugee, Asylee, Parolee, Conditional Permanent Resident or Temporary Resident.
- A person holding Temporary Protected Status, and Spouses and Children with approved petitions under the Violence Against Women Act (VAWA), an applicant with an approved USCIS I-360, and a person granted deferred action status by USCIS.
- A person who has filed an application for Cancellation of Removal and Adjustment of Status under Immigration Nationality Act 240A(b) or a Cancellation of Removal and Adjustment of Status under the Nicaraguan and Central American Relief Act (NACARA), Haitian Refugee Immigrant Fairness Act (HRIFA), or the Cuban Adjustment Act, and who has been issued a fee/filing receipt or Notice of Action by USCIS.
- A person who has filed for adjustment of status to that of a person admitted as a Permanent Resident under 8 United States Code 1255, or under the “registry” program (8 United States Code 1259), or the Special Immigrant Juvenile Program (8 USC 1101(a)(27)(J)) and has been issued a fee/filing receipt or Notice of Action by USCIS.
Residency through High School Graduation
To establish residency through high school graduation, you must fulfill the following three requirements:
Requirements
- Graduate from a high school in Texas or receive a GED in Texas.
- Physically reside in Texas for the 36 consecutive months immediately prior to high school graduation.
- Physically reside in Texas for the 12 consecutive months immediately prior to the census date of the semester in which the student enrolls in a Texas public college or university.
If your admission application indicates that you are not a U.S. Citizen or Permanent Resident (Green Card holder), but you graduated from a Texas high school, you may still be considered for in-state tuition. The Residency Questionnaire will prompt you to:
- Download the Residency Affidavit (PDF).
- Complete, sign and notarize the form.
- Submit the Residency Affidavit and proof of lawful presence with your Residency Questionnaire or via the UT Box Widget.
Residency for Dependent Individuals
A dependent individual is a person who is claimed (or eligible to be claimed) as a dependent on a parent/legal guardian’s federal taxes. To establish residency as a dependent individual, the parent/legal guardian claiming the student for the most recent (and current) fiscal tax year, must be a U.S. Citizen, Permanent Resident, have a valid application for Permanent Resident (I-797), Visa holder (cannot be F-1, J-1, or TN), or other immigrant statuses and fulfill the following criteria:
Requirements
- Parent/legal guardian must physically reside in Texas for the previous 12 consecutive months prior to the term of enrollment.
- Parent/legal guardian must establish and maintain a domicile in Texas for 12 consecutive months prior to the term of enrollment by meeting one of the following four criteria:
- Have sole or joint-marital ownership of residential real property in Texas which is your primary residence.
- Ownership and customary management of a business in Texas which is regularly operated without the intention of liquidation for the foreseeable future.
- Gainful employment that is sufficient to provide at least one-half of the individual’s tuition, fees, and living expenses or that represents an average of at least twenty hours of employment per week.
- Marriage to a person who has resided and maintained domicile (items a-c above) in Texas.
Residency for Independent Individuals
An Independent Individual is a person who filed their own federal taxes for the previous tax year, is not claimed (nor eligible to be claimed) as a dependent on a parent/legal guardian’s federal taxes and provides majority of their own support. To establish residency as an independent individual, the individual must be a US Citizen, Permanent Resident, have a valid application for Permanent Resident (I-797), or Visa holder (cannot be F-1, J-1, or TN), or other immigrant statuses and fulfill the following criteria:
Requirements
- You must physically reside in Texas and have for the previous 12 consecutive months prior to the term of enrollment.
- You must establish and maintain a domicile in Texas for 12 consecutive months prior to the term of enrollment by meeting one of the following four criteria:
- Have sole or joint-marital ownership of residential real property in Texas which is your primary residence.
- Ownership and customary management of a business in Texas which is regularly operated without the intention of liquidation for the foreseeable future.
- Gainful employment that is sufficient to provide at least one-half of the individual’s tuition, fees, and living expenses or that represents an average of at least twenty hours of employment per week. Employment conditioned on student status, such as work study, the receipt of stipends, fellowships or research or teaching assistantships does not constitute gainful employment.
- Marriage to a person who has resided and maintained domicile (items a-c above) in Texas.
Residency for Military Individuals
An active-duty member of the United States Armed Services whose Home of Record with the military is Texas is presumed to be a Texas resident, as are his or her spouse and dependent children. A member whose Home of Record is not Texas but who provides the institution Leave and Earnings Statements that show the member has claimed Texas as his or her place of residence for the 12 consecutive months prior to enrollment is presumed to be a Texas resident, as are his or her spouse and dependent children.
If you did not select Texas as your Home of Record when you entered the service, and you have not taken steps to change your permanent residence with the military to Texas, you may still qualify for a waiver under Texas statutes. You will need to submit the Military Residency Waiver and Certificate of Eligibility and/or DD-214.
Veterans (Retirees and prior service members) must meet requirements for Independent Individuals even if their home of record was Texas. Spouses and dependents of veterans must also meet requirements for either independent or dependent individuals.
You can read related Texas Codes and Federal Acts below:
- Texas Education Code §54.241.
- Post-9/11 Veterans Educational Assistance Act of 2008 (38 U.S.C. §3301 et seq.).
- §702 of the Veterans Access, Choice, and Accountability Act of 2014.
- In-state tuition rates under the Veterans Choice Act.
How to Apply for Change of Residency Status
Applicants, new admits and enrolled or current students who have met the requirements previously listed in one of the four residency options, or feel their residency status was inaccurately classified at time of application, can submit a Residency Questionnaire.
A University of Texas at Austin Residency Official will review your request, make a determination and/or contact you requesting supporting documentation to substantiate your claim to residency. Once a determination is made, a Secure Academic Note (SAN) is sent to you via MyUT.
Per state policy, the Residency Determination Officer may request further documentation from you to determine if residency requirements were clearly and convincingly met.
Waivers
Students who do not meet any of the above criteria for establishing residency for tuition purposes may still be eligible to pay tuition that is equivalent to the in-state tuition rate. Please see the tuition waivers and exemptions page for more information.
Tuition Waiver for Non-Resident ROTC Students
Under the Texas Education Code, Section 54.224 statute:
“A person enrolled at an institution of higher education is entitled to pay tuition and fees at the rates provided for Texas residents if the person is enrolled and in good standing in a Reserve Officers’ Training Corps (ROTC) program.”
If you are currently classified as a non-Texas resident and meet the criteria above, you may be eligible to pay in-state tuition. To be considered, please submit the ROTC Non-Resident Tuition Waiver Request form. The request form will automatically route through your ROTC chain of command for verification of your ROTC enrollment status and then to the Residency Office for processing and determination.
Contact Us
More questions? Check out our frequently asked questions and our contact page.