Residency Determination for Tuition Purposes

• Application for New York State Residency Status for Tuition Billing Purposes

To be eligible for the in-state tuition rate, a student must show that he or she has established in New York State a domicile that is his or her permanent and principle home. Being a resident of New York State includes the decision to abandon ones former state of domicile and establish in New York a domicile which is more than the mere presence that enrollment at the University implies.

Establishing a Domicile

Establishing a domicile in New York requires an affirmative decision to adopt New York as ones permanent home and the place to which one expects habitually to return after absences. Residency implies the student's intent to remain in New York State after completing his or her studies. A student who believes that he or she has established a domicile in New York must demonstrate this through the documents listed in the panel, right.

Citizens of the United States, permanent residents or non-immigrants with a Visa which permits them to establish a United States residence may be eligible for in-state tuition. Non-immigrants with a visa status which prohibit them from establishing a United States residence would not be eligible for in-state tuition.

A financially dependent student takes residence from the parent/legal guardian on whom the student is dependent.

Generally, in-state tuition becomes effective one year after a student has established a domicile, although circumstances may reduce the one year period. Tuition is not reduced retroactively.

An individual University registrant will be considered a New York State resident and be charged in-state tuition rates when that individual is determined to have had a New York State domicile (i.e., a permanent and principal home in New York) for a twelve-month durational period prior to the start of the semester. Persons who do not meet this twelve-month durational requirement will be presumed to be out-of-state residents and should be charged out-of-state tuition rates unless satisfactory proof is presented to show that domicile in New York State has, in fact, been established, notwithstanding the durational requirement.

Proof of New York State domicile is demonstrated by documents which support an applicant's contention that his or her permanent home is located in New York State. For unemancipated students, a review is done of the parent's or legal guardian's permanent home.

Exceptions to the Domicile Rule

1. Members of the US Armed Forces who provide documentation showing that they are fulltime active duty and stationed in New York State shall be charged in-state tuition regardless of the actual location of their domicile. Spouses and dependents of full-time active duty personnel stationed in New York State shall also be deemed New York State residents for tuition purposes.
2. Dependents of a parent or legal guardian who is a full-time active member of the US Armed Forces stationed out of State will qualify for in-State tuition provided that the parent or legal guardian submits proof of a New York State residency, referred to as a “Home of Record”.  Such records are on file at the person’s military base.
3. Civilian employees of the military and the dependents are not eligible for these exceptions to the domicile rule.
4. Certain non-resident students may be eligible for the resident tuition rate if they meet the following requirements:
   1. Are not non-immigrant aliens within the meaning of 8 USC section 110 (a)(15) and
   2. Attended an approved New York State high school for two or more years, graduated from an approved New York State high school and applied for SUNY admissions within five years of receiving a New York state high school diploma; or
   3. Attended an approved New York State program for a General Equivalency Diploma (GED) exam preparation, received a GED and applied for SUNY admissions with five years of relieving the GED; and
   4. If the student is without lawful immigration status, the student submits to the campus a notarized affidavit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so.

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