<p>I was planning on going to school this Fall (I am a transfer) to a school in my Dad's state. I figured since he lived there (and is a legal resident there) I could get in-state tuition.</p>
<p>But I called the residency girl at the school I was admitted to and she is saying that in order to be considered a legal residence I need to have physically lived there for 12 months. This is huge because I would have to wait a year before going back to school. </p>
<p>From what I've read it sounds like you're legal residence can be determined by your parents domicile, is that not true??</p>
<p>It depends on the State. Each State has their own residency rules. Many (most I think) states will base your domicile on that of the custodial parent you have been living with. So the state you have been living in, with the custodial parent, and attending school in (unless you are in boarding school in another state) is the one you are considered a resident of for tuition purposes. Some, not all, states may allow residency for instate tuition to be based on a non custodial parent. You would have to check the rules for that state.</p>
<p>Under North Carolina law, to qualify for in-state tuition for a given term you must prove:</p>
<pre><code>* that you established your legal residence (domicile) in North Carolina.
that you have maintained that domicile for at least twelve continuous months before the beginning of the term, and
that you were physically present in the state, and
that you intend to make North Carolina a permanent home indefinitely,
rather than being in North Carolina solely to attend college.
</code></pre>
<p>Determination of Intent</p>
<p>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:</p>
<pre><code>* Do you live in your parents home?
Where are/were you employed?
Where did you register to vote?
Where did you vote?
Where have you served on jury duty?
What are your sources of financial support?
Where have you registered/licensed a car?
Where did you get your last driver’s license?
Where do you own a home or other real estate?
Where do you keep your personal property?
Where do you list personal property for taxation?
Where did you file state income tax returns?
Where do you spend your vacation time?
Where did you last attend high school?
Where did you live before enrolling in an institution of higher education?
Where do you maintain memberships in professional associations, unions, and similar organizations?
</code></pre>
<p>Notice that you have to be physically present for 12 months and ask if you lived in your parent’s home.</p>