<p>Eastcoastcrazy, I know a lot of people with kids going to school in the LES home of residence. Mine could have gone to WA, VA & GA, where we lived when they were applying, or TX, which is DH’s home of residence. We made all of ours apply to TX schools and they were granted in-state status as soon as went sent copies of the LES, even without matriculating. So yes, they almost always have a choice of two different states. Most of the people I know have not lived in their residence state since joining the military but have retained that residence and have kids in school there now (at least 10 states I can think of off the top of my head). If you live overseas, the only state you are eligible for in-state status is your home of residence state since you are not stationed in a state.</p>
<p>It used to be that not all states would grandfather the in-state status if you moved during those school years, but the 2008 act also changed that. I got caught in that in 2006 and had to change all of my residence stuff so my oldest could retain in-state status after we moved. </p>
<p>And home of record and home of residency are two different things. For tuition, it is the home of residence (which you declare for tax purposes) that matters. The home of residence can be changed during ones career, but the home of record cannot be changed without a break in service.</p>
<p>Let’s say your S or D has graduated high school from NJ, starts going to college in State X. If parents gets a job and relocates to Texas, later on if S or D gets a transfer in Texas college, will that qualify you for instate fees? Is there any time limit that has to elapse before you can get in state fees? The same should apply to any States. </p>
<p>It depends on the state and the school. (I assume you aren’t talking about military.) I know people who moved and their kids got immediate instate tuition after transferring. I know others who had to wait 12 months after moving and establishing residency for the kids to qualify for in-state.</p>
<p>Hanna, your points upstream are NOT loopholes. They are policies. Many universities offer an instate rate along with certain scholarships to high achieving students. Some universities participate in exchanges with neighboring states.</p>
<p>This OP is looking for LOOPHOLES. He wants instate rates by doing things that do NOT mean he is an instate resident. Last I knew, GT did not participate in any exchange programs with neighboring states. </p>
<p>Maybe GT does provide instate tuition as part of some merit awards for high achieving students. By this kiddo would need to GET that merit award!</p>
<p>And to be honest, this family says they are prepared to pay for Berklee or Emory…very pricy private universities…but want a price break on GT? </p>
<p>Are you saying that all of your children could have applied to WA,VA, and GA for instate tuition? I have not heard of that being possible if the military member is not living or assigned to a duty station in that state at the time of applications.</p>
<p>Or did you mean that the one who was living in GA at the time of applications could have applied for instate in GA, while the next one, who was living in VA at the time of applications could have applied for instate tuition in VA? And that the military member had a change in duty station fron GA to VA during those years? That makes sense.</p>
<p>And I did use the wrong terms:
Home of residence is where you started out, where you enlisted, where you recieved your commission.
State of legal residence is the term used for taxes.</p>
<p>But your physical residence is what universities are looking at. My children can claim instate tuition in the state where my husband is stationed at the time of college applications, or in the state where we live at the time of college applications, but my child can’t claim Georgia as his residence to gain instate tuition just because his father is in the military. Although, in essence that is what happens when using the Yellow Ribbon program, the kid is not claiming they are a state resident, the benefits in essence make it as if he is. </p>
<p>Lastminutemom2, that is not exactly true. SOME colleges and universities are very aware and verify residency. Not all of them. There was a big deal, made national news when some illegal immigrant got into some scrape and it turned out she was going full time to Kennesaw (?) at state rates along with any number of non state residents because the school did not check or bother to verify residency. It’s still the case at any number of schools in any number of states, especially for certain programs. One can sign up for a course and just check yes, for residency, have a local address and get state rates here at my local schools—folks do this all of the time for au paars, for example. They don’t check, they don’t care. But if one wants to enter a degree conferring program, that’s when the schools turn the screws. Also the main state universities do go through some sort of verification. Not that they have a lot to worry about. My state has very few OOSers wanting to come here and they have a three year residency rule that gives anyone here for that period of time, illegal immigrants, whatever state rates in tuition. Georgia Tech and UGA might be more thorough in their checking out residency, but I’d be surprised if all of the smaller colleges do due vigilance.</p>
<p>There are a lot of states that have exchange programs with Georgia Tech, by the way. Look it up. If you are in certain states; I believe Maryland is one, I don’t remember the others, and you want to major is something that your state university does not offer, there is some deal between those states and Georgia, particularly Georgia Tech to give that student some break in the OOS differential. This is because GT does have some very specific majors that are not easily found elsewhere I know someone who did this with some fire related major–don’t remember the specifics, but yes, there is that “loophole”. But it’s not so much that GT is offering the discount. I believe that the participating states are coming up with some of the differential so you have to check and see if you are so eligible.</p>
<p>For purposes of determining in-state vs out-of-state tuition, it seems most universities look at it nearly the same way that state tax authorities look at it. That is, they pay attention to what is called "domicile’. You can have more than one residence, but you never have more than one domicile. When you see domicile used in the rules, it means more than simply buying property in the state. Changing your domicile usually involves completely abandoning your previous domicile in favor of the new one. That means moving everyone, changing drivers licenses, doctors, churches, clubs, banks, safe deposit boxes. It really involves “porting” your life over to the other state. </p>
<p>I suggest that the OP read the official documents posted on the website of whatever university you are interested in. Here is one of the links, which applies to all state schools in GA.</p>
<p>Eastcoast, yes I was talking about three different kids. Sorry for the confusion.</p>
<p>Home of RECORD is where you started out. Home/state of residence is where you pay taxes. So our kids applied as in-state applicants where we lived and to DH’s state of residence. They were each eligible for in-state in two states. Actually, if you live in a state, work in a contiguous state and have a third state of residence, your child has a choice of three states under the law. I know people who live in MD, are stationed in VA and are residents of a third state (according to their LES) and their kids are at a mix of the above since they qualify for in-state in all three states. </p>
<p>Sorry for the derail, but since this started out as GA:</p>
<p>Military Personnel and U.S. Citizens Living Abroad</p>
<p>Dependents of active duty military personnel who claim Georgia residency must provide UGA with documentation, such as Georgia tax records or a Leave and Earnings statement.</p>