Texas Residency

RULES AND REGULATIONS FOR RESIDENCE STATUS

Persons classified as non-residents upon first enrollment in an institution of higher education are presumed to be non-residents for the period during which they continue as students. If such non-resident students reside in the state while gainfully employed for a period of 12 consecutive months prior to the semester that they are applying for residency, upon re-entry to the institution they will be entitled to be considered for reclassification as residents for tuition purposes. Gainful employment 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. Reclassification to resident status after residing in the state for 12 months cannot be based solely upon the student’s employment. Material to this determination are business or personal facts or actions that indicate a fixed intention to reside permanently in the state of Texas. Such facts include, but are not limited to, the length of residence and full-time employment prior to enrollment, the nature of employment, purchase of a homestead, or dependency upon a parent or guardian who has resided in Texas for a minimum of at least 12 months.

Documents acceptable for this purpose include, but are not limited to:

  • Employer statement of date of employment
  • Permanent driver’s license and/or Texas voter registration (both at least one year old)
  • Lease agreement which includes student’s name and period covered
  • Property tax payments, Income tax form, and or W-2 form(s)
  • A current credit report which documents the student’s length and place of residence
  • Utility bills for the year preceding enrollment and/or any other third party documentation which confirms residency status for the 12 month period preceding enrollment

At least five of these items must be submitted. All documentation must be submitted together.

Application for reclassification must be submitted prior to the census date (12th class day) of the relevant term.

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 student must be able to demonstrate lawful presence in the United States, and the parent/legal guardian claiming the student for the most recent (and current) fiscal tax year, must be a US 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.

  1. Parent/legal guardian must physically reside in Texas for the previous 12 consecutive months prior to the term of enrollment; and
  2. Parent/legal guardian must establish and maintain a domicile in Texas for 12 consecutive months prior to the term of enrollment.

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.

  1. Student must physically reside in Texas and have for the previous 12 consecutive months prior to the term of enrollment; and
  2. Student must establish and maintain a domicile in Texas for 12 consecutive months prior to the term of enrollment.

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.

For additional information, contact:

The Office of Undergraduate Admissions
Willie A. Tempton MSC – 3rd Floor
PH: 936-261-1000 (Option 3)
KSWalker@pvamu.edu

*Source: Texas Higher Education Coordinating Board, Rules and Regulations, Residence Status Fall ‘99