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/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/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 non-resident 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 non-immigrant alien will be
classified as a non-resident for assessment of tuition unless he/she
demonstrates by affirmative proof that he/she has a domicile in New
Jersey.
