Is it easy to become in state for 2nd year at UVa?

Colleges and Universities A-Z University of Virginia
1

Hi,

Sorry for the many threads. I wanted to keep some of these questions specific.

I’ve been admitted to UVa OOS, but my parents are willing to move to Va over the summer. Would that mean that I’ll be eligible for in state tuition from Sophomore year forward?

Thanks,

And if I ever find a definitive answer myself, I won’t forget to post it here.

2

It is not easy.
http://talk.collegeconfidential.com/university-virginia/43319-out-of-state-students-establishing-residency.html

3

That thread, while decent, is far from my case. I do not plan on becoming Independent to claim residency. My parents are planning on moving to VA as well. Also, I have no idea where the 2 year thing came from, considering that the Code of Virginia says 12 months.

4

You cannot establish residency on your own after coming to Virginia to get an education.
Your parents would have to show by clear and convincing evidence that their move is because they intend to live permanently in Virginia. Accepting a written job offer in state, for example, would support that. And they would still have to be here 12 months before residency would be established.
Www.schev.edu explains the guidelines schools use in establishing residency in extensive detail, but you would still need to convince the university that the move was not simply a ploy to get discounted tuition. For example, what other convincing explanation can you give for why your parents moved, and what supports that explanation? Do you have extended family in state they want to live near? Were they from Virginia themselves originally? That kind of thing, ties to the state other than you starting college.

5

Call the Office of Virginia Status. They answer questions like this all the time. :slight_smile:

6

This is the guideline they work under:
http://www.schev.edu/Students/VAdomicileguidelines.asp

It is NOT an easy standard to meet. They say many times that you must prove your parents’ intent to permanently be Virginia residents with clear and convincing evidence. It is my opinion that, if the only reason your parents have offered to move to Virginia is only because you would be attending the university, you are unlikely to be able to show by clear and convincing evidence the domiciliary intent to remain permanently in Virginia. Considering the timing, the school may be suspicious of your parents’ motivation.

That’s not to say you can’t do it; but the deck is very much stacked against families being able to do that.

–
"Section 03. Domicile: residence requirement.

A. Domicile is defined in the law as “the present fixed home of an individual to which he returns following temporary absences and at which he intends to stay indefinitely.” No person may have more than one domicile.

  1. Domicile cannot be initially established in Virginia unless one actually resides, in the sense of being physically present, in Virginia with domiciliary intent.
  2. Domiciliary intent means present intent to remain indefinitely, that is, the individual has no plans or expectation to move from Virginia. Residence in Virginia for a temporary purpose or stay, even if that stay is lengthy, with present intent to return to a former state or country upon completion of such purpose does not constitute domicile.

3. The physical presence requirement means that a person who has never resided in Virginia, or who was not residing here at the time he formed the intent to make Virginia his home, cannot be domiciled here until actually moving to Virginia and taking the appropriate steps to establish domicile. Additionally, the physical presence cannot be temporary in nature, such as a visit or vacation."

"Section 04. Domicile: intent requirement.

A. Where a person resides is relatively easy to determine. It can be difficult to ascertain whether a person has resided in Virginia with domiciliary intent. A person may have more than one residence but only one domicile.

  1. Domiciliary intent is normally determined from the affirmative declaration and objective conduct of the person. Intent is necessarily a subjective element; however, a person demonstrates his intent through objective conduct. When evidence is conflicting, the opposing facts must be balanced against each other.
  2. The burden is upon the applicant to demonstrate by clear and convincing evidence that his domicile is Virginia and that he has abandoned any prior domicile.

3. The law also requires that a person claiming eligibility for in-state tuition through Virginia domicile (or the person through whom eligibility is being claimed) shall have demonstrated Virginia domicile for at least one year immediately prior to the date of the alleged entitlement."

"D. It is important to reiterate the reference to clear and convincing evidence. A student who claims Virginia domicile must support that claim by clear and convincing evidence. Clear and convincing evidence is not as stringent a standard as proof beyond a reasonable doubt, as required in the criminal context, but is a degree of proof higher than a mere preponderance of the evidence. Clear and convincing evidence is that degree of proof that will produce a firm conviction or a firm belief as to the facts sought to be established. The evidence must justify the claim both clearly and convincingly. Failure to provide “clear and convincing” evidence fails the required standard and will result in the student being classified as out-of-state."

"Article 3 - Reclassification and Falsification of Information

Section 13. Reclassification.

A. Changes from out-of-state to in-state classification.

  1. If a student is classified initially as out-of-state, it is the responsibility of the student thereafter to petition the responsible official for reclassification to in-state status if the student believes that subsequent changes in facts justify such a reclassification. The institution will not assume responsibility for initiating such an inquiry independently.

2. It is presumed that a matriculating student who enters an institution classified as an out-of-state student remains in the Commonwealth for the purpose of attending school and not as a bona fide domiciliary. The student seeking status reclassification is required to rebut this presumption by clear and convincing evidence."

"Section 14. Falsification of information.

A. Where an institution has erroneously classified a student as a Virginia domicile for tuition purposes resulting from the student’s knowingly providing erroneous information in an attempt to evade payment of out-of-state fees, the application of the student is fraudulent.

B. An institution shall re-examine an application suspected as being fraudulent and redetermine domicile status. If warranted, the institution may change the student’s status retroactively to the beginning of the term for which a fraudulent application was filed. Such a retroactive change will make the student responsible for the out-of-state tuition differential for the enrolled term or terms intervening between the fraudulent application and its discovery.

C. The student may also be subject to dismissal from the institution or such other action as the institution deems proper. Due process procedures, as provided in Section 25 and Section 26, must be followed to dismiss the student and, if the student chooses, to appeal such action."

7

Ya~ it seems unattainable. We may move to VA for different reasons though still.