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Florida Residency for Tuition Purposes

Residency refers to whether you are an in-state Florida resident or an out-of-state resident, and this classification determines your tuition cost. Florida residents pay a lower tuition price per credit hour than do non-Florida residents.

Initial Classification
Basic Requirements for Florida Residency
Independent Student
Dependent Student
Special Categories
Residency Classifications for International Students
Definitions
Residency Reclassification
Appeal Procedures
Residency Guidelines

Initial Classification: A student's initial residency classification is determined by the Office of Undergraduate Admissions when you apply to FAU. Students seeking Florida residency are required to submit photocopies of required documentation and a Residency Classification form. Failure to provide required documentation will result in automatic classification as a non-Florida resident.

Basic Requirements for Florida Residency:
To qualify as a Florida resident for tuition purposes, the claimant must have established and maintained legal residence in Florida for at least 12 months prior to the first day of classes of the term for which Florida residency is being sought. The law allows U.S. citizens, permanent resident aliens, or legal aliens granted indefinite stay by the Bureau of Citizenship and Immigration Services to be classified as a Florida resident if the applicant, or the dependent applicant's parent or legal guardian, has met the requirement of legal residency in the state for at least 12 months preceding the first day of classes. Persons who do not meet the following requirements may be classified as a Florida resident only if they fall within one of the special categories as noted in Section 1009.21, Florida Statutes and Section III below.

I. What is an independent student?

The independent student must provide evidence to substantiate their claim for Florida residency. The student must provide documentation showing legal ties and proof of physical presence in the state of Florida that are dated/issued at least 12 months before the first day of the semester for which Florida residency is sought. The student must demonstrate the establishment of a bona fide domicile in Florida and absence of legal ties to another state. No single document is conclusive.

II. What is a dependent student?A dependent student is presumed to be a legal resident of the same state that their parent's reside in. To qualify for Florida residency for tuition purposes, the parent of the dependent student must complete the Residency Classification Form on behalf of the student.

The parent of the dependent student must provide evidence to prove legal ties and physical presence in the state of Florida. The parent must demonstrate the establishment of a bona fide domicile in Florida and absence of legal ties to another state. No single document is conclusive. Students dependent on a legal guardian: your legal guardian must be court-appointed; the student must submit a copy of the court decree naming the claimant as their guardian. Students dependent on an adult relative: Please see Section III., Special Categories, for required documentation.

Documents showing physical presence in Florida: Lease Agreement Utility Bills and proof of 12 consecutive months of payments

III. Special Categories: I am married to a person who has maintained legal residence in Florida for at least 12 months. I have established legal residence and Florida is my permanent home.

I am a member of the armed services of the United States and I am stationed in Florida on active military duty pursuant to military orders, or whose home of record is Florida, or I am a member's spouse or dependent child. According to the Bureau of Citizenship and Immigration Services, I am a permanent resident alien or other legal alien granted indefinite stay and I have maintained a domicile in Florida for at least 12 months.

For a permanent resident alien, acceptable documentation includes:

For an international student, proof of visa status is required.
Only the following categories of visa holders are eligible for reclassification consideration. All others are ineligible to establish Florida residency for tuition purposes.

I am a full-time instructional or administrative employee of a Florida public school, community college, or institution of higher education, or I am the employee's spouse or dependent child. I am part of the Latin American/Caribbean Scholarship program. I am a qualified beneficiary under the terms of the Florida Pre-Paid Post-Secondary Expense Program. I am a dependent person who has resided for five years with an adult relative other than my parent/legal guardian and my relative has maintained legal residence in Florida for at least 12 months. I was previously enrolled at a Florida state institution and classified as a Florida resident for tuition purposes. I abandoned my Florida domicile less than 12 months ago and I am now re-establishing Florida legal residence. I am living on the Isthmus of Panama and have completed 12 consecutive months of college at the FSU Panama Canal Branch or I am the student's spouse or dependent child. I am a Southern Regional Education Board's Academic Common Market graduate student. I am a full-time employee of a state agency or political subdivision of the state whose student fees are paid by the state agency or political subdivision for the purpose of job-related law enforcement or correction training. I am a McKnight Fellowship recipient. I am an active member of the Florida National Guard who qualifies under Florida Statutes s.250.10(7) and (8) for tuition assistance.

IV. Residency Classifications for International Students: Non-US citizens such as permanent resident aliens, parolees, asylees, and other legal aliens granted indefinite stay who have applied and been approved by the U.S. Bureau of Citizenship and Immigration Services, and non-immigrants holding eligible visas may be considered as Florida residents for tuition purposes, provided they meet the 12 month Florida residency requirements.

Eligible Immigration Documentation and Visa Categories:

Things that every student needs to know about establishing Florida residency for tuition purposes

V. DefinitionsBona Fide Domicile- A person's predominant and principal state of residence and their place of abode that they recognize and intend to maintain as their permanent home.
Claimant - The person who is providing evidence of the establishment of permanent legal residence in Florida. For independent students, the claimant is the student. For dependent students, the claimant can be the student's parent, legal guardian or spouse.
Declaration of Domicile - A sworn statement which states that you reside in and maintain a place of abode in the Florida County of residence in which the document is filed. The signed and notarized document is filed with the Clerk of Courts and states that you relinquish all legal ties with your previous state of residence. The document must be filed 12 months prior to the start of the semester for which Florida residency is sought.
Legal Guardian- A legal guardian is appointed by the Florida court system. If the claimant is the court-appointed legal guardian, the student must submit a copy of the court decree naming the claimant as their guardian. A person other than a parent who claims the student as a dependent for income tax purposes is not considered the student's legal guardian. Notarized letters and Power of Attorney paperwork are not considered legal guardianship documents.
Physical Presence - It is important to note that living or attending school in Florida is not tantamount to establishing a legal residence for tuition purposes. Maintaining a legal residence in Florida requires substantial physical presence as a condition. It is imperative that the required 12 month qualifying period be for the purpose of maintaining a bona fide domicile rather than for the purpose of maintaining a mere temporary residence or abode incident to enrollment in an institution of higher education.

Residency Reclassification: If you have previously attended FAU as a degree-seeking, non-Florida resident and wish to be considered for in-state status, you must request a Reclassification of your residency through the Office of the Registrar. Please read the Residency Reclassification Information form for details and deadlines.

Appeal ProceduresStudents may appeal their residency classification decision. A Residency Classification Appeal form must be submitted along with any additional supporting documentation. You will be notified in writing of the decision of the Residency Appeal Committee following the final review; if residency is denied, reasons for denial will be provided. The decision of the University Residency Appeal committee is final.

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