I. Definition

A legal resident of North Carolina is a person who qualifies as a domiciliary (e.g., a permanent resident) in this state.

II. Purpose

This rule establishes criteria for determining whether a person qualifies for in-state or out-of-state tuition. It is important that each applicant for admission and each enrolled student know his/her residence status for tuition payment and understand the regulations governing residence status. Copies of the "Student Residence Manual" are available through the Office of Student Records. The rules that follow cover most situations.

III. Rules

A. A person 18 years of age or older is not deemed eligible for the in-state tuition rate unless legal residence in North Carolina has been maintained for at least the 12 months next preceding the date of his/her first enrollment in an institution of higher education in this state.

B. The legal residence of a person under 18 years of age at the time of first enrollment in an institution of higher education in this state is that of his/her parents, surviving parent, or legal guardian.

C. The residence status of any student is determined at the time of enrollment in an institution of higher education in North Carolina. The student may petition for a change at any time after expiration of the twelve-month period as a legal resident (domiciliary). The change in classification, if deemed to be warranted, shall be effective for the next academic term.

D. Military personnel on active military duty in North Carolina and their dependents are eligible for the in-state tuition rate.

E. Aliens who have been lawfully admitted to the United States for permanent residence in North Carolina, according to the above parts A., B., and C., are eligible for the in-state tuition rate. A person holding a student visa cannot be classified as a resident for tuition purposes. Foreign nationals holding Alien Registration Cards (Form I-151, I-551, I-181 b, I-688, or I-94 showing parole or refugee status) and other foreign non-immigrants holding work permits (Visas A, E, G, I, K, or L-1) may be eligible for in-state tuition 12 months or more after a visa was issued. In these cases, they must provide documenting evidence that they have lived in North Carolina for at least 12 months.

F. All F-1 visa international students must pay out-of-state tuition.

G. Ownership of property in or payment of taxes to the State of North Carolina apart from legal residency will not qualify a person for the in-state tuition rate.

H. When an employer other than the armed services pays tuition for an employee to attend an institution and when the employee works at a North Carolina business location, the employer shall be charged the in-state tuition rate.

IV. Appeal Procedure

A. Any student or prospective student who has reason to believe he/she has been incorrectly classified for higher tuition must bear the responsibility for securing a ruling by completing the "North Carolina Residence and Tuition Status Application" and submitting it to the Office of Admission/Registration.  The written request for a ruling shall be reviewed by the Office of Admission/Registration for compliance with North Carolina requirements.  The student will be notified in writing of the decision.   The student may appeal to the College Appeals Committee by making a written request to the Associate Dean for Admissions and Registration.

B. A decision about residency made by the College Appeals Committee  may be appealed to the State Residence Committee.

Last updated 1-11-05
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