North Carolina Residency for Tuition Purposes

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Overview

This information is designed to be a reference for students aged 19 and older who are interested in applying for resident tuition status at The University of North Carolina at Chapel Hill. If you want more information about the issues discussed here, you should consult A Manual to Assist the Public Higher Education Institutions of North Carolina in the Matter of Student Residence Classification for Tuition Purposes. This manual is on reserve in the House Undergraduate Library, the Health Sciences Library, the Graduate School, and at any of the other admissions offices on campus. If you are not yet 19, other special rules may apply to your case and you should consult the Office of Undergraduate Admissions for more information.

Please note that there is a difference between being a legal resident and being a legal resident for tuition purposes. To qualify as a legal resident for tuition purposes, a person must show a preponderance of evidence that he or she has maintained North Carolina legal residency for at least twelve consecutive months immediately prior to the school term for which he or she is requesting classification of residency for tuition purposes.

Purpose and History of Law

Since it first became a state, North Carolina has held to the view that an educated citizenry is necessary to a democratic government and that the state, therefore, has an obligation to provide for the education of its people. North Carolina's 1776 Constitution provided: “[A]ll useful learning shall be duly encouraged and promoted in one or more Universities.” Article IX, Section 9, of the present Constitution reads:

“The General Assembly shall provide that the benefits of The University of North Carolina and other public institutions of higher education, as far as practicable, be extended to the people of the State free of expense.”

While the Constitution provides for higher education free of expense as far as practicable, it clearly is not practicable for North Carolina to assume the expense of university education for all who might come to North Carolina from elsewhere for that purpose. Therefore, while North Carolina welcomes out-of-state students, like other states it considers the privilege of paying in-state tuition rates a taxpayer benefit and necessarily asks those who are not “people of the State” (not North Carolina legal residents) to assume a greater share of the current cost of their instruction by means of a higher tuition rate.

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Administrative Authority

The Board of Governors of The University of North Carolina and the State Board of Community Colleges are jointly responsible for implementing the statute. These boards set up the State Residence Status Committee, which is composed of members selected from the institutions within the state's University and Community College system. This Committee has three functions:

The Board of Governors made the President of the University responsible for administering the law within the University system. The President delegated that responsibility to the Chancellors for the individual institutions.

The Chancellor at UNC-CH has established institutional rules of procedure with respect to residency matters and has delegated to the Residence Status Committee the function of deciding appeals from initial residence status classifications.

At the individual campus level, employees trained in the relevant laws and procedures make the initial residency classification at the admissions level and also evaluate residency applications of enrolled students. These individuals receive in-depth initial training, as well as yearly update training, on the laws and issues surrounding NC residency for tuition purposes and are able to evaluate the contents of an application and render a decision.

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Requirements

Qualifications

Under North Carolina law, to qualify for in-state tuition for a given term you must prove:

Proof

To prove that you established a bona fide domicile in North Carolina, you must prove:

Determination of Intent

Because it is difficult to determine directly someone's intention to make North Carolina their home, residency classifiers must evaluate actions taken that may indicate this “domiciliary intent.” The Manual lists the following considerations which may be significant in determining this intent:

Preponderance of Evidence

Residency classifiers weigh all the evidence furnished in an application for residence status. The preponderance (or greater weight) of the evidence must support the establishment of North Carolina domicile twelve months before the beginning of the academic term (first day of classes) for which classification is requested. If the evidence shows a cluster of significant events occurring at about the same time (within the same week, for example), the classifier will start counting from that point to determine if the twelve-month requirement has been met. If instead the evidence has gradually accumulated over time, the classifier must decide at what point a preponderance of the evidence shows intent to establish North Carolina domicile, and that is the date on which the clock will begin. If this date is after the first day of classes for the term specified on the application, the classifier will be unable to render an in-state decision for the term in question.

Amount and Duration of Benefit of Law

Individuals classified as NC residents for tuition purposes are entitled to pay the in-state tuition rate. If you are classified a resident you are likely to remain classified that way as long as you are continuously enrolled. But, in some circumstances such as those indicated below, you will need to be classified again.

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Applying for NC Residence Status

New Applicants & Enrolled Applicants

If you want to be considered an in-state resident for tuition purposes you will be required to complete the online RESIDENCY application in accordance to filing period dates. Be sure to print a copy for your own records. After submission of the online application you will receive an email notification of your submission.

New applicants should note that within the Graduate School, residency status is not a factor in admission consideration. There is currently no in-state vs. out-of-state admissions quota as in the undergraduate and some of the professional schools. Your own personal funding requirements may, however, be impacted by the residency process since out-of-state tuition rates are higher than in-state rates.

For enrolled students who wish to change their residency, although you may be classified out-of-state when you first enroll at UNC-CH you have the right to request re-classification once you have satisfied the requirements for becoming a North Carolina legal resident for tuition purposes.

All applicants should know that if you originally came from another state, still have strong ties to another state and/or have lived in North Carolina only a short period of time more information will be needed before a decision can be made. By answering the pre-screening questions properly you will be lead to more questions, however, if you do not the Classifier will need to ask you to provide more information.

Be sure to check filing periods before attempting to complete the online residency application. All residence applications are term-specific. That is, you must indicate for what term you wish the application to be considered. It is very important for you to fill out the online residency application completely and to respond to requests for additional information as quickly as possible. If you feel that your answers to the questions on the application don't give an accurate picture of your case, you may provide an explanation in the additional comment section. If your answers are confusing or if the online application is not filled out completely, the classifier will need to contact you for more information, which can delay the classification process considerably.

Domicile of Non-U.S. Citizens

It is possible for a non-U.S. citizen to be considered a resident for tuition purposes depending on their residentiary capacity. Some visa classifications permit the person to remain here indefinitely; this person would have the capacity to be a legal resident of North Carolina. Other classifications are so restricted that the person’s stay will be time-limited or program-limited (these are “No Go” classifications). “No Go” visa classifications include B, C, D, F, J, M, P, Q and S. All others may be considered, provided you meet the necessary requirements and supply documentation. The clock will then start ticking from the date of issuance. After submitting, be sure to fax appropriate documentation (copy of visa) to The Graduate School at 919-966-4010. You may contact the Graduate School at 919-966-2611 or International Student & Scholar Services at 962-5661 for more information.

Employee Tuition Benefit

A person who is a full-time employee of The University of North Carolina, or is the spouse or dependent child of a full-time employee of The University of North Carolina and who is a legal resident of North Carolina, qualifies as a resident for tuition purposes without having maintained that legal residence for at least 12-months immediately prior to his or her classification as a resident for tuition purposes. If you or your spouse is a full-time permanent employee, not a Teacher’s Assistant, Research Assistant, Post-Doc or Resident/Fellow, of the UNC system, you may qualify for the employee tuition benefit. UNC Health Care employees may also qualify. Please note that you must be continuously employed during your enrollment in order to receive this benefit.

You must wait 30 days prior to but no later than the first day of classes of the term for which this benefit is sought to apply. At that time you should complete the online residency application and submit a letter on official letterhead from your supervisor or human resources representative stating your employment status to the Graduate School at CB# 4010, 200 Bynum Hall, Chapel Hill, NC 27599.

Here is a link listing all of the 16-UNC Campuses and links to their websites.
http://www.northcarolina.edu/content.php/campus/campusmap.htm

Teacher’s Tuition Benefit

Certain North Carolina permanent teachers may receive the residency for tuition benefit for courses “relevant to teacher certification or to professional development as a teacher” approved by the principal of the teacher’s school. The teacher or other person must be paid on the North Carolina Teacher Salary Schedule incident to full-time employment by a North Carolina Public School. To be eligible he or she must be a North Carolina legal resident (domiciliary) and must have established North Carolina domicile before the commencement of the approved course(s). He or she does not have to be a resident for tuition purposes as described in earlier sections. Applicants must submit the online residency for tuition purposes application, which includes N.C. Teachers Tuition Benefit questioning and a link to a “Principal’s Declaration for In-State Tuition Benefit for N.C. teachers,” 30 days before but no later than the first day of classes of the term for which this benefit is sought.

Military and Dependents

Military and their dependents may submit the completed online residency application, along with all required affidavits for the Military Tuition Benefit no sooner than 30 days before and no later than the day before the first day of your first term of enrollment. Once you qualify you must renew your eligibility by filing a new application and affidavits earlier than 30 days before the term started but no later than the day before the start of each Fall term. Also note that you must still qualify academically for admission.

To be eligible for the Military Tuition Benefit as a member of the armed services, you must:

To qualify for the Military Tuition Benefit as a military dependent, you must submit an affidavit from the appropriate military authority that says you are the military dependent of a service member who is stationed in North Carolina (PCS orders) on active duty. In addition, you must be living with that service member. And, if you are a male between the ages of 18 and 26, you must be registered with the Selective Service System.

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Decision Notification

All Applicants

You will receive official notification of the decision regarding your residence application within two weeks of the date of submission. However, if you are contacted for additional information your decision will be delayed. If you are classified a non-resident, you may appeal the decision to the Residence Status Committee. Appeals must be filed within 15 days from receipt of the classification letter.

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Appeal Process

If you are classified non-resident by the Classifier, you may appeal the decision to the Residence Status Committee. This committee is made up of members of the University community, appointed by the Chancellor, whose work makes them familiar with and who receive extensive training in the residency process.

Appeals must be filed with the office where the classification decision was made within 15 working days of receipt of the classification letter. You should respond by email (or letter) stating that you wish to appeal the initial classification decision to the Residence Status Committee. You will then receive an email stating that your information has been sent to the Appeals committee. Following, a letter notifying you of the date, time, and place of your meeting with the Committee will be sent.

Usually you will meet with a panel of three members of the Residence Status Committee. Before they meet with you they will review your application and any related documents. They will then ask you questions designed to complete a picture of your situation. You will also be given the opportunity to provide an additional statement or clarify points in your original application. The chair of the panel will record the discussion in notes, which will be read back for your approval. The accuracy of the written record is critical since any subsequent appeal to the State Residence Committee will be based upon the written record. You should receive a decision notification letter from the chair of the Residence Status Committee within a week of the hearing.

If you are classified non-resident by the Residence Status Committee you may either reapply at a later date or term when you feel your circumstances have changed or you may appeal the decision to the State Residence Committee. You have ten days from receipt of the Residence Status Committee decision notification letter to file notice of appeal. To do so you need only send a simple, signed notice that you want to appeal. Grounds for appeal and instructions on how to file a notice of appeal are detailed in the Residence Status Committee decision notification letter. Once you file a notice of appeal you will receive a letter outlining instructions on how to complete the appeal process. The State Residence Committee does not hold hearings but will consider your appeal entirely on the written record.

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The Grace Period

According to North Carolina law, if a student has been classified as a resident for tuition purposes and loses his or her North Carolina domicile for some reason while enrolled at a North Carolina institution of higher education, the student can continue to pay the in-state tuition rate for a twelve-month grace period. The twelve months begin at the time the student lost his or her North Carolina domicile. If the grace period expires during the middle of a term, the student is allowed to pay the in-state tuition rate through the end of that term.

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Re-establishment of Abandoned Domicile within Twelve Months

According to North Carolina law, if an individual was classified a resident for tuition purposes at a North Carolina institution of higher education at the time he or she left school or graduated, and if that person subsequently abandons North Carolina domicile and then re-establishes North Carolina domicile within twelve months of abandoning it, he or she may re-enroll at a North Carolina institution of higher education as a resident without having to meet the twelve months durational requirement. An individual may take advantage of this statutory provision only once in a lifetime.

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The Effect of Marriage on Domicile and the Spouse-Pair Provision

A married person's domicile is determined in the same way as an unmarried person's domicile--by evaluating all the evidence. No one is precluded from establishing North Carolina domicile simply because he or she marries someone who is domiciled in another state. Conversely, no one automatically obtains North Carolina domicile solely by marrying a North Carolina domiciliary. The fact of marriage and the domicile of the spouse are part of the evidence to be considered.

If both spouses have established a North Carolina domicile and one spouse has been a domiciliary longer than the other, the member of the couple who has the shorter duration of domicile may borrow his or her spouse's duration of domicile to meet the twelve months requirement. For example, if A and B are married and A has been a North Carolina domiciliary for twelve months but B has only been a domiciliary for a month, B can use A's duration of domicile to meet the twelve months requirement. The two durations cannot be added together to meet the twelve months requirement so, if A had only been a domiciliary for eleven months, B would still be a month short and could not qualify until the following term.

For Spouses of Employees of the UNC system see How to Apply Employee Tuition Benefit.

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For advice concerning unique situations contact the Graduate School at 919-966-2611 or Kimberly Rempson, Senior Vice Chair of Residency, 919-962-5540.