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Anyone know what the rules of legal residency are as far as in state/out of state. Ex. Friend lives in VA, after graduation 2016 changes permanent residence and stays with them until he starts school and claims that as his permanent residence. Probably not allowed but has anyone heard of such a thing or had experience trying to get creative in order to save on tuition costs.
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Residency and how to change vary from state to state and even college to college. For example the only way my sons school would allow him to reclassify his residency is for him to stop attending school for a year and work in the state he goes to school in. Yet some of his friends at another university can stay in school and work in the state they go to school in to reclassify themselves. 

Originally Posted by PA2016Backstopdad:
Anyone know what the rules of legal residency are as far as in state/out of state. Ex. Friend lives in VA, after graduation 2016 changes permanent residence and stays with them until he starts school and claims that as his permanent residence. Probably not allowed but has anyone heard of such a thing or had experience trying to get creative in order to save on tuition costs.

As noted each state varies on residency rules. Typically, one has to establish permanent residency by obtaining a driver's license from the state, and open some sort of bank account at a local bank.  And usually you are not considered a residence until you've lived in the state for a year - the clock begins ticking when you obtain the driver's license. 

 

At least that's what I had to do years ago to get in-state rates instead of paying out-of-state rates at the local college.

 

Generally you can't just reside at a place for a few months and declare yourself a resident.  You have to show you are relocating "permanently".  Obtaining the state driver's license shows your intention.

Originally Posted by PA2016Backstopdad:
Anyone know what the rules of legal residency are as far as in state/out of state. Ex. Friend lives in VA, after graduation 2016 changes permanent residence and stays with them until he starts school and claims that as his permanent residence. Probably not allowed but has anyone heard of such a thing or had experience trying to get creative in order to save on tuition costs.

 

Typically it's a matter of living and working within a state for 6 months.  That is usually established by change of mailing address along with change of things like license plate on one's car and of driver's licence (regarded as a reliable ID) using the new address.  

 

Not everybody "works" for an income (e.g. one who has enough wealth that might produce income through some form of investment(s); or maybe one has some form of hardship income receiving permanent disability).  So, where one works or not would not be the lone criteria for establishing residency..  

Last edited by Truman

I am going to add some detail to my earlier reply.  I was typing on an ipad the first time, now that I am at a PC its easier to type.

 

My older son goes to Mich State (go Green).  We live in IL.  When he applied to the school I had a discussion with admissions as to the best way to have him reclassified as an instate student.  My wife and I both grew up in MI and all our family still lives there.  Both my brothers attended grad school at MSU.  At the time the suggestion provided to me by the school was to have him apply and be admitted.  Delay his attendance by a year, have him move to MI, get a drivers license, get a job and work for a year.  In addition we needed to remove  him from our taxes.  After that we could request a change in his out of state classification.   We did not do this as we did not want him out of school for a year.  He is now a Sophomore, lives in MI works and pays taxes in MI.  He also rents a year round apartment in MI.  We approached the school again to see if we could get a classification change and were told the same thing.  If we wanted a reclassification the best way to get it would be for him to stop attending school for a year and then apply for a reclassification.  

 

Contrast this to our friends who have kids at Mizzou or Iowa.  They move there their frosh year, get a job, work through the summer and then request reclassification.  The majority of them have been granted it.

 

 

Coming to VA, a kid 'stands in the shoes' of his parents or legal guardians as long as they are providing support and claiming him as a dependent on taxes.  Moving in with grandma or an uncle means nothing unless they are legal guardians.  If the kid wants to base domicile on himself, then he would have to prove self-sufficiency by living in VA for a year and working the equivalent of a full-time job, file VA taxes, driver's license, etc.  The burden of proof is pretty high at most schools.  VA domicile guidelines are pretty convoluted while some states, I think Oregon is one, may only have a 30 day residence requirement.   

A little extreme, but I do know of a family where the dad took another job in the state the child was (planning?) to attend college the year before his freshman year of college.  Got an apartment, car registered, etc.  Mom and son stayed to finish out senior year of high school.  Since they were still married, and dad had declared the new state his residence, they got instate tuition.  Family wound up joining dad shortly after graduation from high school.  Granted, maybe dad's new job or transfer came first and THEN son decided on school in new state..but either way, it worked.

Originally Posted by PA2016Backstopdad:
Anyone know what the rules of legal residency are as far as in state/out of state. Ex. Friend lives in VA, after graduation 2016 changes permanent residence and stays with them until he starts school and claims that as his permanent residence. Probably not allowed but has anyone heard of such a thing or had experience trying to get creative in order to save on tuition costs.

 Here are the residency rules for Virginia (note the 12 month rule):

 

http://www.schev.edu/students/vadomicile.asp

 

 

The VA rules are similar to those at U of Florida.  I received in-state tuition my last semester only because I married a Florida resident.  Otherwise, you would have to be in the military or disowned by your parents(easier said than done).  Legal residency in the state was totally separate from residency for tuition purposes.  If it was as simple as getting a license and a job in the state then everyone would do it.

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