To help prospective students sort through the complexities of establishing Virginia domicile to qualify for in-state educational privileges, the Committee on Virginia Status has provided the following general descriptive information. This material is not all inclusive; you may need to inquire about your specific circumstances with the Committee. Nothing in this publication is intended to amend existing law or policy with respect to eligibility for in-state status.
Q: What rules and procedures govern who is considered an "in-state" student?
A: Section 23-7.4 of the Code of Virginia and its attendant guidelines outline the requirements that you must meet to be classified as "in-state" for educational purposes.
Q: What is domicile?
A: "Domicile" is the present, fixed home of an individual to which one returns following temporary absences and at which one intends to remain indefinitely. The domicile of a dependent or a minor is presumed to be that of the parent(s).
Q: How long must I be domiciled in Virginia before I can be considered "in-state"?
A: A student, parent(s) or spouse must be domiciled in Virginia for at least 12 continuous months immediately preceding the first day of classes. This means the student parent(s) or spouse must actually reside in Virginia during this period while simultaneously demonstrating their intent to be domiciled in Virginia. Intent is demonstrated by, among other things, paying resident taxes to Virginia, obtaining a Virginia driver's license, car & voter registrations.
Q: Who can be considered a dependent student?
A: Any student who is listed as a dependent on tax returns of parents or legal guardians or who receives substantial financial support from them. A married student whose spouse provides substantial financial support also can be a dependent student.
Q: What is substantial financial support?
A: "Substantial financial support" means more than 50 percent.
Q: Who is a legal guardian for purposes of domiciliary status?
A: A legal guardian is someone with personal or financial responsibility for a minor and who has been appointed by a court. NOTE: You must provide verification of the court appointment, that the appointment was not for in-state tuition purposes and that the parents do not contribute to student's support.
Q: Can I establish "in-state" status while I am a student?
A: If you are a dependent and your parent(s) or spouse moves to Virginia while you are in school and fulfills the requirements of domicile, you should petition for a change of status effective 12 months after the move. If you entered classified as an out-of-state student, you must present clear and convincing evidence to rebut the presumption that you are residing in the State primarily to attend school. Residence or physical presence in Virginia primarily to attend the University does not entitle you to in-state tuition rates.
Q: When may I apply for in-state status?
A: Applications must be submitted with the application for admission, or in the case of a currently enrolled student, at least 30 days prior to the term for which in-state privileges are sought.
Source=http://www.law.virginia.edu/html/prospectives/prospectives.htm
