New York State Residency Determination for Tuition Purposes
The Colleges and Universities that comprise the State University of New York system were established to provide a quality education at a reduced rate for the benefit of qualified residents of New York State. The University must comply with SUNY's administrative policy when determining resident status. Key to any residency case is the determination of domicile, "which is defined as a fixed, permanent home to which a person intends to return following an absence. A person does not acquire a New York State domicile only by being physically present in New York for the sole purpose of attending a New York State campus. In summary, an emancipated U.S. citizen or permanent resident whose domicile has been in the State of New York for a period of at least one year immediately preceding the time of registration for any period of attendance shall be considered a New York State resident for the purpose of determining the tuition rate payable for such period.
DEADLINE: Applications must be submitted by the end of the second week of the term you are applying for.
Establishing a Domicile
Establishing a domicile in New York requires an affirmative decision to adopt New York as ones permanent home. Your intent to remain in New York State after completing your studies implies this as well. Proof of New York State domicile is demonstrated by documents which support your contention that your permanent home is located in New York State.
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.
The completed application must be notarized and submitted by the end of the second week of the term which the applicant is seeking NYS residency status. Failure to submit an application by the deadline will result in full out-of-state tuition liability for that term. Applications submitted after the deadline may be considered for the following term.
Proof of Domicile
To apply for New York State residency, please provide the completed application along with the necessary documents. Applications that are missing information or documentation will not be accepted. The student is required to have at least a 12-month current/consistent physical presence in New York State before applying and we highly recommend that within your first few months in New York State, you apply for your NYS driver's license or non-driver identification card, motor vehicle registration and voter registration card. Listed below are documents to qualify for NYS Residency.
- Duration of the student's physical presence in New York State
- NY State driver's license or non-driver identification card
- NY State voter registration card
- NY State residential rental lease for the 12-month period prior to application AND the 12 month lease period going forward (without any gaps)
- NY State motor vehicle registration
Other documents that we may ask for are:
- Proof of ownership of New York State real property
- Bank account statements with local address on it.
- Utility bills such as gas and electric, water, cable, etc. with local address on it.
- Copy of NYS Income tax
Exceptions to the Domicile Rule
- 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.
- 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.
- Civilian employees of the military and the dependents are not eligible for these exceptions to the domicile rule.
- Certain non-resident students may be eligible for the resident tuition rate if they meet the following requirements:
- Are not non-immigrant aliens within the meaning of 8 USC section 110 (a)(15) and
- 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
- 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
- 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.
New York State Residency Appeals
Students who applied for NYS Residency through the Student Accounts Office and have been denied can appeal this decision as per the State University of New York Policy #7810, Residency, Establishment of for Tuition Purposes.
Students who would like to appeal their residency determination must do so in writing within 30 days of receiving notice of the denial. The letter of appeal must clearly state the reason for appeal. Any documentation to support the appeal should be submitted to the Bursar's Office, Room 200, CAB. The residency application, the letter of appeal and additional documentation will be reviewed by the University Appeals Committee and they will contact the student with their decision.
All decisions made by the University Appeals Committe are final.