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.
A. 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 has been domiciled within the state of New Jersey for at
least one year immediately prior to enrollment.
Students who are classified as dependent students are
presumed to share the domicile of their parent(s) or legal guardian. Persons
who have been resident in this state for more than 12 months prior to initial
enrollment are presumed to be domiciliaries of New Jersey for tuition purposes.
In those cases in which a dependent student with out-of-state parent(s) or
legal guardian has resided in New Jersey for 12 consecutive months prior to
enrollment, the student may petition on his or her own to establish domicile in
the state.
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.
B. 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 semester 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 or she can have only one legal domicile.
Therefore, in order to establish a new domicile in New Jersey, a person 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')/U.S. Court-appointed (prior to
the student attaining age 18) legal guardian(s') New Jersey Resident Income Tax
Return. The following additional items should be submitted: New Jersey voter
registration materials; a New Jersey driver's license (or nondriver's ID); New
Jersey motor vehicle registration; a long-term apartment/house lease or a
house/condo deed; presence of spouse and children in New Jersey; the location
of a local New Jersey bank(s); and copies of recent monthly bills (utility,
phone, etc.) addressed to the claimant(s). 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.
C. Dependent/Independent Student Defined: In determining whether a student is independent,
the following is considered: N.J.A.C. 9A:9-2.6 (examples of documentation given
below).
(a) The term independent when used with respect to a student
means any individual who:
1. Was born
BEFORE January 1, 1987.
Documentation: birth certificate, secondary school
transcript, driver's license, draft registration letter; or
2. Meets the requirements of (b) below.
(b) An individual meets the requirements of this section if
such individual:
1. 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 the Division of Youth and Family Services (DYFS) or other social
services agency; or
2. Is a veteran of the Armed Forces of the United States.
Documentation: DD214; or
3. Is a graduate or graduate professional student (not
applicable for undergraduate students); or
4. Is a married individual.
Documentation: marriage certificate; or
5. 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
6. 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:
i. 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;
ii. 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
iii. 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.
(c) A dependent student shall be any student who does not
meet any of the eligibility criteria listed in (a) or (b) 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 certified 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.
D. The Effect of Marriage or Civil Union: A nonresident student who marries or enters into a
civil union with a bona fide New Jersey domiciliary assumes the domicile of
that spouse or civil union partner for tuition purposes in the semester
following marriage or civil union. The same test for residency will be applied
to spouses or civil union partners when a marriage or civil union is claimed as
the basis for domicile. No change in status will occur when a domiciliary
student marries or enters into a civil union with a nondomiciliary.
E. Foreign Nationals:
Alien nationals who are in the United States and hold permanent resident status
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 semester for which the change in status is sought. However,
any other foreign national will be classified as a nonresident for assessment
of tuition unless he or she has the right to remain permanently in the United
States and can demonstrate by affirmative proof that he or she has a domicile
in New Jersey.
F. 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 his or her 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.
G. In Every Instance:
A record of the evidence utilized in determining domicile pursuant to this
section shall be maintained with the student's records.
