Procedure
The Initial Determination
At the time an individual initially applies for admission into any
undergraduate or graduate college of the university, the respective
admissions office will determine an admitted applicant`s resident
status for tuition assessment. The determination made at this time
shall prevail for each term unless a change is authorized as provided
hereinafter.
After the Initial Determination
The status of residency for tuition purposes of students continuing in
a college of the university will be determined by the registrar`s
office. The determination made by the registrar will either conform to
the initial determination of the admissions office or reflect a change
as provided hereinafter.
Request for a Change of Status
Requests for a change in residency status will be accepted no later
than the last day of final exams in the term for which the changed
status is sought. All evidence deemed appropriate by the adjudication
official pursuant to New Jersey Administrative Code 9A: 5-1.1-1.2 must
be filed by the petitioner in accordance with the time limit specified
in the preceding sentence, but in no case later than 30 days from the
date of submission of the Residency Analysis Form. Failure to comply
with the provision, unless judged otherwise by the adjudicating
official, will void the petition for the term in question. If, based on
the information submitted in the request, the student qualifies for
resident tuition assessment, such change will relate only to the
current and subsequent terms.
Appeals
Appeals
from the initial determination and any determination made after a
request by a student for a change in residency status will be accepted
no later than 30 days after the date of notification of any such
determination that is appealed. Appeals will be forwarded to either the
associate vice president for enrollment management or to the university
registrar. These officers will respond to the student within 30 working
days of the receipt of the appeal in the appropriate office. Appeals
from this determination must be submitted to the vice president of
university budgeting by the student within two weeks after the
associate vice president for enrollment management or the university
registrar has issued a determination. The decision of the vice
president for university budgeting will be final.
Student Responsibilities
The student is responsible for providing relevant information upon
which a residency determination can be made. The burden of proving his
or her residency status lies solely upon the student. Moreover, it is
the obligation of the student to seek advice when in doubt regarding
eligibility for in-state tuition assessment. Every student who is
classified as a resident student but who becomes a nonresident at any
time by virtue of a change of legal residence is required to notify his
or her registrar immediately. An independent student loses New Jersey
residency status for tuition upon abandonment of the New Jersey
domicile. Assessment of nonresident tuition charges will take effect
the term following the date of abandonment. Any dependent student who
is domiciled in the state for tuition purposes shall continue to be
eligible for New Jersey resident tuition status despite his or her
supporting parent(s) /or U.S. Court appointed legal guardian(s)
change of domicile to another state, while such student continues to
reside in New Jersey during the course of each academic year.
Penalties
If a student has obtained or seeks to obtain resident classification by
deliberate concealment of facts or misrepresentation of facts or if he
or she fails to come forward with notification upon becoming a
nonresident, he or she is subject to disciplinary action.
Factors Considered in Determining Residency for Tuition Assessment
This section of the policy statement conforms to the regulations of the
New Jersey Administrative Code, Volume 9A: 5-1.1-12 and 9A:9-2.6.
Classification
A student shall be classified as a resident for tuition purposes upon
admission to a public institution of higher education in the State of
New Jersey if the student or the parent(s)/or court-appointed legal
guardian(s) (ordered by a court of competent jurisdiction prior to the
time the student becomes 18 years of age) upon whom the student is
dependent (See section II., C) has been domiciled within the State of
New Jersey for at least one year immediately prior to enrollment.
Persons who have been domiciled within this state for less than 12
months prior to initial enrollment are presumed to be nondomiciliaries
for tuition purposes. Persons presumed to be nondomiciled or persons
who are presumed to be domiciled but whose domiciliary status is
challenged by the institution must prove their domicile according to
the following regulations.
Domicile
Domicile
is a legal concept defined by New Jersey law. In general terms,
domicile means the place where a person has his or her true, fixed,
permanent home and principal living establishment, and to which,
whenever he or she is absent, he or she has the intention of returning.
New Jersey domicile must be acquired prior to the beginning of the term
for which you are requesting a change in residency status. Although
actual presence is not necessary to preserve domicile once it has been
acquired, a person, if absent from the state, must have the intention
of returning to New Jersey in order to remain a domiciliary. Domicile
is distinct from residence, while a person may have several residences,
he/she can have only one legal domicile. Therefore, in order to
establish a new domicile in New Jersey, a student [or the parent(s) or
guardian(s)] must first abandon the prior domicile in which he or she
previously resided and sever all legal connections to that former
domicile.
In determining whether domiciliary status has been
shown, mere physical presence and declaration of intent to remain in
the state may not be sufficient. To assist in determining whether a
person is a New Jersey domiciliary, the primary evidence is, but is not
limited to, a notarized affidavit setting forth domicile and a state
certified copy of a New Jersey Resident Income Tax Return or in the
case of a dependent student, a state certified copy of his or her
parent`s(s`)/or U.S. Court appointed (prior to the student attaining
age 18) legal guardian`s(s`) New Jersey Resident Income Tax Return. The
following additional items may be considered: voter registration
materials for the individual in New Jersey; a New Jersey driver`s
license; New Jersey motor vehicle registration; a long-term
apartment/house lease or a house deed; presence of spouse and children
in New Jersey; the use of a local New Jersey bank(s); and copies of
monthly bills (utility, phone, etc.) addressed to the claimant. In
unusual circumstances, if primary evidence is not available, the
institution may make a determination of New Jersey domicile based
exclusively on supplementary evidence. However, supplementary evidence
may be deemed insufficient to justify a determination of domiciliary
status.
Dependent/Independent Student Defined
In determining whether a student is independent, the following is considered (New Jersey Administrative Code 9A:9-2.6.).
The term independent when used with respect to a student means any individual who:
1. Is 24 years of age or older by December 31st of the award
year. Documentation: birth certificate, secondary school transcript,
driver`s license, draft registration letter; or
2. Meets the requirements below
a. Is an orphan or ward of the court; or was a
ward of the court until age 18; documentation for orphan: death
certificate or a letter from a social services agency; or from a
respected member of the community who is unrelated to the applicant
(minister, school administrator, etc.) Documentation for ward of the
court: court document or a letter from DYFS or other social agency; or,
3. Is a veteran of the Armed Forces of the United States. Documentation: DD214; or
4. Is a graduate or graduate professional student; (not applicable for undergraduate students); or
5. Is a married individual; documentation: marriage certificate; or
6. Has legal dependents other than a spouse; Documentation if
dependent is a child: birth certificate. Documentation if dependent is
other than a child: if the person was dependent on the applicant in the
prior year, IRS or New Jersey Division of Taxation certified copy of
the applicant`s prior year tax return showing the person listed as an
other dependent. If the person was not dependent on the applicant in
the prior year, a document such as a driver`s license, a post office
address change, or a statement from the landlord or respected member of
the community confirming that the person currently resides in the
student`s household; or
7. Is a student for whom a
financial aid administrator makes a documented determination of
independence by reason of other unusual circumstances as provided under
Title IV of the Higher Education Act of 1965, as amended, 20 U.S.C.
1087vv, and its implementing regulations and rules. For purposes of
receiving state financial assistance as an independent student due to
unusual circumstances, the following conditions apply:
a. determinations of independence must satisfy
all applicable federal standards set forth under Title IV of the Higher
Education Act of 1965, as amended, and its implementing regulations and
rules;
b. individual determinations
of independent student status for state student aid programs shall be
made in a manner consistent with the institutional policies regarding
the awarding of all need-based financial aid, including federal and
state aid; and
c. the institution
shall share with the Office of Student Assistance any material findings
or audit exceptions related to the determination of dependency status
at any time they are revealed in the course of an audit or program
review.
A dependent student shall be any student who does not
meet any of the eligibility criteria listed above for independent
student status.
The university reserves the right to request a
student to have the Internal Revenue Service and/or New Jersey Division
of Taxation forward tax records to the appropriate university office
for review.
An individual who claims to have established a new
domicile in New Jersey must show (1) a physical abandonment of the
previous domicile, together with an intent not to return to it, and (2)
actual presence in New Jersey with the intention of remaining
permanently in the state.
An individual from another state who
has enrolled in any type of educational institution in New Jersey will
be presumed to be in New Jersey primarily for educational purposes and
will be presumed not to have established domicile in New Jersey.
Although the student may present proof to overcome these presumptions,
it must be noted that continued residence in New Jersey during vacation
periods or occasional periods of interruption to the course of study
does not of itself overcome the presumptions. All students who are not
domiciliaries of New Jersey will be assessed out-of-state tuition
rates. Residency for tuition purposes is governed by New Jersey
Administrative Code 9A:5-1.1 et seq. which requires that individuals
must be legally domiciled in the state for 12 months before becoming
eligible for in-state tuition rates. The law also permits those living
in the state for less than 12 months to petition for resident status
through the admissions office or the Office of the Registrar, as
appropriate. Petitions for resident status will be granted only in
those cases where there is clear and compelling evidence that New
Jersey is the legal domicile of the student or of the parent(s) or of
the U.S. Court appointed (prior to the student attaining age 18) legal
guardian(s) on whom the student is dependent.
The Effect of Marriage
A nonresident student who marries a bona fide New Jersey domiciliary
assumes the domicile of that spouse for tuition purposes in the term
following marriage. The same test for residency will be applied to
spouses when a marriage is claimed as the basis for domicile. No change
in status will occur when a domiciliary student marries a
nondomiciliary.
Foreign Nationals
Alien
nationals who are in the United States with resident immigrant visas,
or special refugee visas (being processed for permanent residency) will
be considered the same as United States citizens for purposes of
assessing tuition. In either instance, the approval date on the visa
must be prior to the first day of the term for which the change in
status is sought. However, any other nonimmigrant alien will be
classified as a nonresident for assessment of tuition unless he or she
demonstrates by affirmative proof that he or she has a domicile in New
Jersey.
Presence in New Jersey Due to Military Service
As a general rule, in the absence of any intention to effect a change
of domicile, the domicile of a New Jersey resident is not affected or
changed by reason of he or she entry into the military service. By
action of the New Jersey legislature (N.J.S.A. 18A: 62-4.1), United
States military personnel and their dependents that are living in New
Jersey shall be regarded as residents of the state for tuition
purposes.
In Every Instance
A record of the
evidence utilized in determining domicile pursuant to this section
shall be maintained with the student`s records.
