36-Month Provision
An individual who resided in Texas for the 36 consecutive months leading up to his or her graduation
from a Texas high school and continued to maintain a residence in Texas for the 12 months leading up to
his or her enrollment in an institution of higher education may be classified as a resident for tuition
purposes, regardless of dependency or immigration status. Any individual wishing to qualify under this
provision who is
not a U.S. citizen or Permanent Resident of the United States
must complete and submit an Affidavit of Intent to Become a Permanent
Resident to the Office of the
Registrar in addition to the Core Residency Questions.
***Students who do not meet the criteria of the 36-Month Provision may qualify for residency
according to one of the following:
Independent students:
Independent students are those who provide more than half of their own financial support and are not eligible to
be claimed as a dependent for income tax purposes. In order to qualify for residency for tuition purposes, an
independent student must reside AND maintain a domicile in Texas for the twelve months preceding the student's enrollment.
The following factors, if maintained for twelve consective months while residing in Texas, may lend support to a
claim of domicile in Texas:
- Ownership of residential real property in Texas
- 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 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 1-3 above) in Texas.
Dependent students:
The residency for tuition purposes of a student who is not independent is based upon that of the parent or
court-appointed legal guardian who claims that student as a dependent for federal income tax purposes (or provides
more than half that student's financial support for those not subject to US federal income taxes), regardless of the
length of time the student has resided in Texas. If the parent or court-appointed legal guardian of a dependent
student meets the criteria of having established residency for tuition purposes, the dependent student is eligible
to pay resident tuition. Parents and legal guardians qualify for residency following the same criteria as independent
students.
Military:
A 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 are a member of the military and your Home of Record at the time of entry into the services was not
Texas, you may be able to change your residence to Texas while in the military. First, you must be assigned to duty in
Texas for at least 12 consecutive months during which you file proper documentation with the military to change your
permanent residence to Texas. Second, you must meet at least four of the eight conditions listed below for the 12
months prior to enrollment:
- Purchase a residence in Texas and claim it as a homestead;
- Register to vote in Texas;
- Register an automobile in Texas;
- Maintain a Texas driver's license;
- Maintain a checking account, savings account, or safety deposit box in Texas;
- Have a will or other legal documents on file in Texas that indicate residence in Texas;
- Have membership in professional organizations or other state organizations; and/or
- Establish a business in Texas
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.
Waivers & Exemptions:
Students who do not meet any of the above criteria for establishing residency for tuition purposes may
still be eligible to pay the resident tuition rate. Please contact Student Business Services at
979-847-3337 or see
http://sbs.tamu.edu/accounts-billing/forms/waivers-exemptions/ for more details.
Application
Students apply for residency by completing the
Core Residency Question form. Students who are not U.S. citizens must also submit documentation of their immigration status (and that of their parent if they are a dependent). Students with special circumstances related to their claim of
residency may submit any additional documentation they wish to have considered in their application
for resident status.
Deadlines
Students who wish to apply for eligibility to pay resident tuition must do so by the twelfth class
day of the fall or spring semester or the fourth class day of the summer semester in which they wish
to pay resident tuition. Any applications received by the Office of the Registrar after this time
will be considered for the next term.
Questions
For additional information regarding residency for tuition purposes, please contact the Office
of the Registrar at 979-845-8606 or residency@tamu.edu.