OOS or in-state in VA - confusion

Hi,

We lived in virginia for 10 years, my son born and brought up until 5years in VA attending day care and public school for one year. Then we moved out of country, but i been paying taxes both federal and state, for past 3 years i have been paying only federal and no state. Can my son apply for in state tuition fee in VA?

If you don’t live in VA and haven’t paid taxes there in 3 years, I don’t see how you would qualify for instate tuition.

Based on what info you have provided, no. Here’s a link to the requirements:
https://www.schev.edu/index/tuition-aid/in-state-residency

Nope. If you aren’t paying state income tax, you haven’t been doing your bit to subsidize the in-state rate.