Establishing Residency for In-State Tuition Classification Purposes

[Following are the rules established by the New Mexico Commission on Higher Education for determining residency for tuition purposes. These are the policies followed by New Mexico Tech.]

Questions & Answers about Establishing New Mexico Residency for In-State Tuition Classification Purposes

The rules and regulations for establishing residency for tuition purposes are defined by the New Mexico Commission on Higher Education which is authorized by the Constitution of the State of New Mexico and the state statutes (Chapter 235, IE, NMSA 1971 and Section 21-1-4E NMSA 1978) for providing classification for a tuition differential between resident and nonresident students.

An individual must establish legal residency in New Mexico before he or she is entitled to pay in-state tuition rates. The requirements to establish residency for tuition purposes are independent from those of other types of residency such as voting or holding public office. A legal resident for tuition purposes is someone who meets the requirements set forth by this policy.

These regulations for residency apply to all public postsecondary institutions in the State of New Mexico, including branches and community colleges.

Following are questions and answers that present the essence of the residency regulations and provide the information needed to establish residency for tuition purposes. The full policy is available at each institution.

1. Why are nonresident students at New Mexico’s educational institutions charged higher tuition than resident students?

New Mexico’s institutions of higher education are supported by the General Fund of the State of New Mexico. Since nonresident students (and their families) generally have not contributed to the support of public education in New Mexico, they are required to pay additional tuition which more closely represents the actual cost of their education.

2. What is required for residency for tuition purposes?

In general, a financially independent, adult person over eighteen years of age must have resided in New Mexico for a period of twelve consecutive months immediately prior to the term for which the petition is being filed. Furthermore, “residency” in this context means legal “residence.” Legal residence requires intent to remain in a place indefinitely, in the sense of making one’s permanent home there, as well as physical presence at the place. The distinction is that one may have any number of residences at one time, but never more than one legal residence.

3. When is a student’s residency status determined?

The Admissions Office at each institution determines each student’s residency status when the completed application for admission is received and processed. The decision is based on the information contained in the application for admission, transcripts, and other documents required for admission. The residence status determined at this time remains in effect until the student either: (1) fulfills the requirements for residency and petitions for resident tuition classification, or (2) loses residency by his/her absence from New Mexico or intends to become a resident of another state.

4. How is a minor student’s residency status determined?

In New Mexico, eighteen is, for most purposes, the age of majority. Persons under the age of eighteen are considered minors under the law. A minor’s residence is presumed to be the same as his/her parents’ or legal guardian’s. The residence decision for students under eighteen is based upon the legal residence of the parents or legal guardian. In the event that a noncustodial parent is a legal resident of New Mexico, the minor student will be classified as a resident.

5. Can a minor establish residency separate from that of his parents or legal guardian?

Not usually. With the singular exception of automatic legal emancipation upon marriage, a minor is presumed to share his parents’ or legal guardian’s residence, unless the minor presents to the appropriate institutional official written evidence sufficient to justify (as a conclusion of law) a finding of the minor’s emancipation. What this means is you must be eighteen year old to begin to establish residency apart from your parents or guardian.

6. What is the residence of a student who becomes eighteen after he/she has enrolled in a university or college?

Because of the presumption that a minor shares his/her parents’ or legal guardian’s residence and because of the twelve month physical presence requirement, the eighteen year old student’s residence is the same as the parents’ until the student’s nineteenth birthday.

Upon the student’s nineteenth birthday, the student is eligible to have established his/her separate legal residence. A nonresident student may then petition for residency based on his/her compliance with the residency regulations.

7. How does a person establish New Mexico residency?

To become a legal resident of New Mexico for tuition purposes, four basic requirements must be completed. Each person must meet the requirements individually.

A. The twelve month Consecutive Presence Requirement. A person must physically reside in the state for twelve consecutive months immediately preceding the term for which classification is requested. NOTE: A student cannot begin to complete the twelve month requirement until his/her eighteenth birthday.

B. The Financial Independence Requirement. Only persons who are financially independent may establish residency apart from parents or guardian regardless of age. A student cannot be approved for residency who is financially dependent upon his/her parents or legal guardian who are nonresidents of New Mexico. Dependency will be determined according to the 1954 Internal Revenue Service Code, Section 152 and is always based on the previous tax year for residency purposes. If under the age of 23 at the time the student applies for residency, a copy of his/her parents or guardians’ 1040 or 1040A U.S. income tax form for the previous tax year is required. If the student is shown to be a dependent on this tax form, he/she will not be considered financially independent or eligible for residency during the current year.

C. The Written Declaration of “Intent” Requirement. The student must sign a written declaration of intent to relinquish residency in any other state and to establish residency in New Mexico.

D. The Overt Acts Requirement. New Mexico requires the completion of several “overt” acts which support the student’s written declaration of intent to become a permanent resident. The required overt acts are:

1) if employed, evidence of employment within the State of New Mexico;
2) if employed in New Mexico, evidence of payment of New Mexico state income tax;
3) a New Mexico driver’s license;
4) a New Mexico vehicle registration; and
5) voter registration in New Mexico.

Any act considered inconsistent with being a New Mexico resident will cause the request for resident classification to be denied. As such, other relevant factors may be considered in addition to the items listed above. For example, additional documentation which may be requested of the student may include: 1) evidence of a long established bank account of at least six months in New Mexico or 2) evidence of residential property ownership in New Mexico or evidence of a rental agreement within the State.

8. How is the residence status determined for parents or a legal guardian when the student’s classification depends upon the parent’s or guardian’s residence?

The residence status of parents or a guardian for minors and students financially dependent on parents or a guardian is determined according to the same requirements as outlined for individuals (see #7).

9. Are there any exceptions to the residency regulation for adults?

Yes, provisions have been made for some special groups of people.

A. Federal service employees and military personnel who were legal residents of New Mexico prior to entering federal service or the armed forces may retain their New Mexico residency while assigned out of the state so long as they take no action inconsistent with legal residence in New Mexico. Examples of such inconsistent actions are voting in another state, remaining outside New Mexico for an unreasonable time after separation from government service, or establishing another residence.

B. Nonresident members of the armed forces of the United States while stationed on active duty within New Mexico, their spouses, and dependent children are exempt from nonresident tuition by statute. A certification form must be submitted when the student initially enrolls for this waiver. This waiver of nonresident tuition remains in effect for as long as the student enrolls continuously at the same institution.

C. Part-time students enrolling for six hours or less during a regular semester may be charged resident tuition rates according to the institution’s tuition policy.

D. Assessment of nonresident tuition is made for summer session attendance according to the institution’s tuition policy. (At New Mexico Tech, all summer session students pay resident tuition.)

E. The spouse and dependent children of a person who has moved to New Mexico and has obtained permanent full-time employment (sufficient documentation is required) shall not be required to complete the twelve month durational requirement. However, all other requirements must be satisfied.

F. Persons, their spouses and dependents, who move to New Mexico for retirement purposes and who provide appropriate evidence of formal retirement shall not be required to complete the twelve month durational requirement. They must, however, satisfy the other requirements of residency.

G. An individual married to a legal resident of New Mexico and providing appropriate evidence of marriage shall not be required to complete the twelve month durational requirement but must satisfy all other requirements.

H. All enrolled members of the Navajo Tribe who reside on the Navajo Reservation, as certified by the Navajo Department of Higher Education, will be assessed in-state tuition rates.

I. Active participating members of the New Mexico National Guard shall be deemed in-state residents and will be assessed in-state tuition rates.

J. Certain residents of Texas may be eligible for in-state tuition.

K. Any student receiving a state-funded athletic scholarship from a New Mexico public postsecondary educational institution. (New Mexico Tech does not offer any athletic scholarships.)

10. Are there any programs that have special restrictions concerning residency eligibility?

Yes, students who participate in any of the following programs are ineligible to establish residency. Furthermore, such students may not begin to establish residency (i.e. satisfy the twelve month durational requirement) until after discontinuing any of these programs:

A. Tuition Reciprocity
B. Competitive Scholarship
C. WICHE Student Exchange

11. What is the resident status of immigrants, refugees, and international students?

Noncitizens of the United States who are lawfully in the United States, have obtained permanent status from the Immigration and Naturalization Service (INS), or noncitizens who serve on active duty in the armed forces of the United States, may establish residency by meeting the durational and intent requirements. Any noncitizen entering an institution of higher education on their visa (i.e. student, diplomatic, visitor, or visiting scholar), including spouses and dependants, shall be classified as nonresidents for tuition purpose.

12. What procedure should be followed in petitioning for resident status?

A nonresident student who feels he/she has satisfied the residency requirements may obtain a “Petition for Resident Tuition Classification” from the appropriate institutional office (the Registrar's Office at New Mexico Tech). The form should be completed in detail and returned to the appropriate office, along with a copy of his/her parent’s or guardian’s 1040 or 1040A U.S. income tax form, if the student is under twenty-three years old.

A change in residency classification is never automatic and it is always the student’s responsibility to initiate the petition.

13. Must all requirements be met before the commencement of the semester for which a change of residency status is petitioned in order to qualify for resident tuition for that semester?

Yes. Petitions for resident status will not be approved unless all requirements are met before the first day of classes for that term.

14. Is there a deadline for petitions for resident tuition classification for a semester which has officially begun?

While the requirements for residency must be completed before the first day of classes or the institution’s census date, if different, the deadline for any petition for resident tuition classification applicable to a current semester is twenty-one (21) calendar days after the first day of classes (i.e., the date the semester officially begins). A petition received after that date will not be considered. Another petition must be filed for any subsequent semester.

15. On first applying for admission to a New Mexico educational institution or while awaiting the result of a petition for residence status, should a student pay tuition at resident or nonresident rates?

Until officially classified as a resident, the student must proceed as a nonresident. Tuition and fees must be paid on time at the nonresident rates.

16. If a student fails to petition for residency and continues to pay nonresident tuition after he/she is eligible for a change of status, may he/she receive the difference between nonresident and resident tuition retroactive to the date of actual eligibility?

No. It is the student’s responsibility to petition for a change of resident status when he/she feels the requirements have been met. If the student does not petition for a change of resident status and continues to pay nonresident tuition, he/she waves any right to recover the difference.

17. What happens after the petition requesting a change to resident status is submitted to the appropriate university or college office?

The petition is reviewed and a decision is made as quickly as possible. Normally the student will be notified of the decision within a few days. A student may be requested to supply additional information or to explain apparent inconsistencies before a final decision is reached.

18. If a student’s petition for residency is denied, does he/she have any recourse?

When residency is denied, the student is notified by a letter stating “petition denied because requirements, as outlined in the Establishing Residency brochure, were not met.” The student may amend his/her petition with additional information in support of his/her cause. Amended petitions are reviewed by the same standards as original petitions. If the amended petition is denied, the student may appeal to the institution’s board of appeals for residency (the Registrar). The board shall be the student’s last recourse prior to the courts.

19. If a student is denied residency and is unable to meet the residency requirements, may he/she petition for a change of status again?

If a student has reason to believe that he/she has satisfied the residency requirements at some later time, he/she may reapply for residency.

20. Can a student who is classified as a resident lose resident status and be reclassified as a nonresident?

A student can lose resident status by: 1) acting to establish legal residence in another state or 2) a finding by the institution that resident status was granted on the basis of false or misleading information.

In the first situation, any resident student may forfeit resident status by acting in ways inconsistent with being a New Mexico resident (see Overt Acts, section 7.D.) or by being absent from the state for twelve continuous months. Intent and actions in support of intent are of greater importance than length of absence because of the principle that one does not surrender the old legal residence until new legal residence is acquired. For example, absences which are the result of attending an out-of-state school or active military service do not result in loss of residency so long as the student does not attempt to establish residency elsewhere.

For further information or interpretation, contact the New Mexico Commission on Higher Education (1-800-279-9777), or the Admissions Office or Registrar’s Office at New Mexico Tech.

New Mexico Commission on Higher Education
Financial Aid and Outreach
P.O. Box 15910
Santa Fe, NM 87501

Student Helpline: 1-800-279-9777
Email: highered@che.state.nm.us
http://www.nmche.org
phone: 505-476-6500 fax: 505-476-6511