Determining Student Residency

Upper Division and UTB University Plan
Under the state statutes and regulations, an upper-division student, UTB University Plan student, or prospective student is classified as a resident of Texas, a nonresident, or a foreign student.

• A resident is an individual who is either a U.S. citizen, national or permanent resident alien or an alien who has been permitted by Congress to adopt the United States as his or her domicile while in the United States1 and who has otherwise met the state requirements for establishing residency for tuition purposes.
• A nonresident is a citizen, national or permanent resident of the U.S. or an alien who has been permitted by Congress to adopt the U.S. as his or her domicile while in this country and who has not met the State’s requirement for establishing residency for tuition purposes. While these state requirements for establishing residency are complex and should be referred to in each particular circumstance, they generally require a minimum of 12 months residence in Texas prior to enrollment.
• A foreign student is an alien who is not a permanent resident of the U.S. or has not been permitted by Congress to adopt the U.S. as his or her domicile. An individual classified as a foreign student may qualify, under certain exemptions specified in rules set forth by the Texas Higher Education Coordinating Board, for resident tuition rates and other charges while continuing to be classified as a nonresident or a foreign student. Information on residency, reclassification, tuition exceptions and waivers is available at the Enrollment and/or Financial Aid offices.

Lower Division

• Residents/In-District are residents of the taxing district of Texas Southmost College, which includes Brownsville, Port Isabel, South Padre Island, Laguna Vista, Bayview, Los Fresnos, Olmito, Rancho Viejo, and routes 3, 5, 7, 8 and 9 in San Benito pay in-district tuition rates. Individuals who are domiciled in the United States and own property in the district subject to ad valorem taxation, and their dependents, are also charged the in-district rate.
• Residents/Out-of-District are residents who do not reside in the taxing district described above.

Evidence of ownership of such property shall be a current certificate of payment provided by the Cameron County, Texas, Tax-Assessor Collector. It must be submitted with the application for admission and will be retained. This evidence must be resubmitted annually.

Dependents of property owners must submit a copy of the prior year’s income tax form listing the student as a dependent. An international student, for example a student on a F-1 or J-1 visa, who is not permitted to establish domicile in the U.S. does not qualify for the

in-district tuition rate. This provision only extends to students who enroll in lower division courses and does not extend to upper division or graduate level courses. For more information, contact the Enrollment Office.

The following visa holders are eligible to establish a domicile in the United States and have the same privilege of qualifying for Texas residency as U.S. citizens:

• A-1 • A-2 • G-1 • G-2 • G-3 • G-4 • K • OP-1 • Valid I-551 or I-688 (Invalid or not acceptable are I-688-A or I-688-B)

Note: For these card holders to be quoted in-state tuition, card holders must establish residency.

Residency Responsibilities
Oath of residency. §54.0521, Texas Education Code, provides for an oath of residency. The student is responsible for registering under the proper residence classification and for providing documentation as required by the public institution of higher education. If there is any question as to right to classification as a resident of Texas, it is the student’s obligation, prior to or at the time of enrollment, to raise the question with the administrative officials of the institution in which he or she is enrolling for official determination. Students classified as Texas residents must affirm the correctness of that classification as part of the admission procedure. If the student’s classification as a resident becomes inappropriate for any reason, it is the responsibility of the student to notify the proper administrative officials at the institution. Failure to notify the institution constitutes a violation of the oath of residency and may result in disciplinary action and/or other penalties.

Reclassification as a nonresident. People who have been classified as residents of Texas will be reclassified as nonresident students whenever they report, or there is found to exist, circumstances indicating a change in legal residence to another state. If students who have been classified as residents of Texas are found to have been erroneously classified, those students will be classified as nonresidents and will be required to pay the difference between resident and nonresident fees for those semesters in which they were erroneously classified.

Reclassification as a resident. People classified as nonresidents of Texas upon first enrollment are presumed to be nonresidents while they continue as students. After residing in Texas for at least 12 months, a nonresident student may be reclassified as a resident student as provided in the rules and regulations adopted by the Coordinating Board, Texas College and University System. Any individual reclassified as a resident student is entitled to pay the tuition fee for a resident of Texas at any subsequent registration as long as he continues to maintain his legal residence in Texas. Supporting documentation for reclassification must be submitted to the Enrollment Office prior to the official record date. The Enrollment Office will make the final determination on residency status.

Return to Fall 1999 Course Schedule