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Texas Residency - Frequently Asked Questions


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Rules and Regulations for determining residence status are set by the Texas Higher Education Coordinating Board. THECB residency information can be found at CollegeforTexans.com.

Residency Regulations can also be found in Appendix A of the University of Texas at Austin General Information Catalog.

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Q. How do I establish residency?
A.
One must be an independent (not claimed as a dependent for income tax purposes), US citizen or permanent resident, (have a green card, also known as card I-551 or the evidence of I-551 stamp in the passport) or international student who is eligible to establish a domicile in Texas and live in the state of Texas for 12 consecutive months and establish a domicile in Texas prior to enrollment.
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Q. How do I establish a domicile in Texas?
A.
A domicile in Texas is presumed if, at least 12 months prior to the census date of the semester in which he or she is to enroll, at least one of the following applies: 1) the person owns real property in Texas, 2) the person owns a business in Texas, 3) the person is married to someone who has established a domicile in Texas, 4) the person has had gainful employment other than work-study and other such student employment in Texas.
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Q. If I am temporarily absent from Texas, will I lose my status as a Texas resident?
A.
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, Public Health Service, Department of Defense, 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 he or she is a domiciliary of this state. The person or the dependent’s parent shall provide documentation of the reason for the temporary absence. NOTE: To claim a temporary absence from Texas one must first establish Texas residency. A temporary absence prior to one year of residence in Texas with domicile establishment could result in a non-resident classification.
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Q. What do I need to do, or what documents do I need to fill out when I apply for Residency?
A.
A prospective student must have an admission application on file before submitting the Residency Core Questions or the Residency Affadavit. Currently enrolled students may submit the Residency Core Questions once they or their parents have lived here for 11 consecutive months.
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Q. How can I obtain a the Residency Core Questions or the Residency Affadavit?
A.
The Residency Core Questions and the Residency Affadavit are available at the Graduate and International Admissions Center (GIAC) which is located on the University of Texas at Austin Campus at the northwest corner of 26th street and Whitis Ave. The street address is 2608 Whitis. You may download a copy of the Residency Core Questions or the Residency Affadavit at the bottom of this page.
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Proceed to bottom to download RCQ or Residency Affadavit

Q. What other documents should I turn in with the Residency Core Questions?
A.
You are not required to submit any supporting documents with the Residency Core Questions. After reviewing your Residency Core Questions form, documentation may be requested by the residency officer. You will be notified via mail if additional information is required.
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Q. My parents are claiming me as a dependent for tax purposes. How do I establish residency or how do they establish residency?
A.
If your parents are Texas residents and reside in the state of Texas and are claiming you as a dependent on their income tax return or are eligible to claim you as a dependent, then your residency will be Texas once your parents have met the residency requirements.
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Q. My parents live in a state other than Texas and they are claiming me as a dependent on taxes, can I establish residency?
A.
If your parents claim you and they live in another state, you are not eligibile to establish residency while being claimed as a dependent. Students over the age of 18 whose parents do not claim them as a dependent on their tax return can establish residency as an independent student (see first FAQ question for information on how to establish residency).
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Q. I am an international student and I want to know how I can establish residency?
A.
The following international students are eligible to establish a domicile in Texas under the law and can obtain Texas residency if they meet the basic residency requirements as listed in the first question on this list:
  • Parolee, holder of asylum status or refugee
  • A student who has applied for adjustment of status to permanent residency (must have received an I-485 notice of action for the green card application)
  • Holder of a visa that is eligible to domicile in the US. See THECB list of eligible visas.
  • High school graduation in Texas after 36 months of residence in the state (see next FAQ).

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Q. I am an international student who has attended a Texas high school for three consecutive years. Can I qualify for Texas residency?
A.
International students who meet all of the following requirements will qualify for Texas residency regardless of INS status:
  • Graduate from a Texas High school or receive a GED.
  • Reside in Texas for the 36 months immediately preceding graduation from a Texas high school or receipt of the GED.
  • Reside in Texas the 12 months preceding the census date of the academic semester in which the person enrolls in an institution of higher education.
  • Sign an affidavit stating that you meet the above qualifications and will apply for permanent residency upon first availability to do so.

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Proceed to bottom to download affidavit

Q. I am currently enrolled at a Texas college or university and am classified as a Texas resident. Will my residency status transfer to UT Austin?
A.
A person who was enrolled in a Texas institution of higher education for any part of the academic year prior to enrollment at UT Austin, and who was classified as a resident of Texas during that year, will be classified as a Texas resident. You may be required to verify your residency classification at the previous institution. Please see the residency official for more information.
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Q. I am currently active duty military. How can I have my out of state tuition waived so I can pay in-state tuition?
A.
Active duty military (including active reserves and National Guard) may have their out of state tuition waived to in state tuition. A person must submit a letter from their commanding officer on military letter head with the student's name and UTEID on the letter, stating that he or she is active duty. Active duty must be with a Texas Unit. A new letter must be submitted every semester at least two weeks prior to registration. The student will remain classified as non-resident on the mainframe database and for admission purposes but will be eligible to pay in-state tuition.
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Q. I am a member of the military. What are the general rules that constitute me as a resident?
A.
Establishment of residency in Texas requires twelve consecutive months physical presence in the state. The military member must simultaneously file a copy of the DD2058 used to change state of legal residence to Texas. Once the military member has changed their legal residence to Texas, they must establish a domicile in Texas. See FAQ regarding establishment of a domicile in Texas.

Further information regarding residency, waivers and military service can be found at CollegeForTexans.com.
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Q. I live in a state other than Texas and I am marrying a Texas resident. Does marriage to a Texas resident make me a Texas resident?
A.
Marriage to a Texas resident does not give that person immediate residency. A U.S. Citizen Permanent Resident or international student with an immigration status that allows them to domicile in the U.S. who is the spouse of a Texas resident must live in the state of Texas for 12 consecutive months. The spouse is allowed to attend school during the 12 months if he or she chooses but will pay out of state tuition for the first 12 months. After 1 year, if there is enough evidence to indicate that the individual has otherwise made Texas their permanent residence they may apply for reclassification.
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Q. I applied for residency and was denied Texas residency by the residency officer. What can I do now?
A.
You can appeal this decision. You need to write a letter stating why you should be considered a Texas resident and any additional information to state your case further and address it to the Residency Committee. The committee will set a meeting date to review the appeal. If the Residency Committee also denies the appeal, the student has the right to two further levels of appeal after the Residency Committee.
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Q. What is the residency status for Teachers, Professors and their Dependents?
A.
Teachers and professors employed at least half time on a regular monthly salary basis by any Texas public institution of higher education, may pay the same tuition as a resident of Texas for themselves, their spouses, and their dependent children, regardless of the length of residence in the state if their effective date of employment is on or prior to the official census date of the relevant term(s). To be entitled to pay the resident tuition fees, such employees must submit, prior to the time of each enrollment, a statement certifying employment from the director of personnel or a designated representative of the institution of higher education by 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 employment be for the duration of the period of enrollment for which a waiver is awarded. These requests should be directed to the office of Tuition and Special Billing which is located in room 4 in the Main Building. The student will remain classified as a non-resident on the mainframe database as this exception is a result of a waiver of tuition to in-state rates.
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Q. I am a student and employed as a Teaching or Research Assistant, can I get in-state tuition?
A.
Teachers and professors employed at least half time on a regular monthly salary basis by any Texas public institution of higher education, may pay the same tuition as a resident of Texas for themselves, their spouses, and their dependent children, regardless of the length of residence in the state if their effective date of employment is on or prior to the official census date of the relevant term(s). To be entitled to pay the resident tuition fees, such employees must submit, prior to the time of each enrollment, a statement certifying employment from the director of personnel or a designated representative of the institution of higher education by 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 employment be for the duration of the period of enrollment for which a waiver is awarded. These requests should be directed to the office of Tuition and Special Billing which is located in room 4 in the Main Building. The student will remain classified as a non-resident on the mainframe database as this exception is a result of a waiver to in-state rates.
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Q. What other waivers are available for which I may be eligible?
A.
A. Information concerning waivers can be found at CollegeForTexans.com.
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Q. I received Resident status some time after classes started. Will I get a refund for the out-of-state portion fee bill that I have previously paid?
A.
The Residency Core Questions must be submitted by the census date (12th class day) of the relevant term in order for a Texas resident classification to be effective for that current semester.
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Q. I couldn't find an answer to my question in this FAQ list. Who can I contact for more information?
A.
For general residency information or to leave a message for a call back please call: (512) 475-7391. To speak with the residency officer, Deana Williams, please call (512) 475-7408. You may also call Christina Schoch at (512) 475-7407 for assistance with residency questions.
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Updated: 15 August 2008
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