How Residency is Determined

    

Residency

 

Because NJIT is a public university, you're charged in-state tuition if you're a legal resident of New Jersey, and out-of-state tuition if you’re not.

For most, it's simply a question of what state you live in. The basic rule is: If you have legally resided in the state for 12 months prior to enrollment, you're eligible for in-state tuition rates (based on NJSA 18:62-1 et seq. and New Jersey Administrative Code Title 9).

But if you have special circumstances—such as recent marriage or military duty—things can seem less clear.

For in-depth explanations of New Jersey rules regarding residency, keep reading. And please contact the Office of University Admissions with any questions or concerns.

Initial Determination of Residency
Legal Determination of Residency
Factors Considered in Determining Residency for Tuition Assessment
Effects of Marriage on Residency
Presence in New Jersey Because of Military Service
Foreign Nationals
Request for a Change of Residency Status
Residency Appeals
Student Responsibilities
Penalties
 

Tuition Equality Legislation NJ S2555

The New Jersey Legislature recently passed legislation allowing the dependent children of H1-B visa holders to be eligible to receive in-state tuition rates.

To be eligible for the program, students must be a dependent child of a parent holding an H1-B visa and must have:

  • Attended high school in NJ for three or more years
  • Graduated from an NJ high school (or received the equivalent of a high school diploma in NJ) and
  • Registered as an entering student or the student is currently enrolled not earlier than the fall semester of the 2013-14 academic year.

In the case of a person without lawful immigration status, please file an affidavit with the application stating that the student has filed an application to legalize his immigration status or will file an application as soon as he is eligible to do so.

If interested in applying, please complete the Application for New Jersey Residency Status Form and submit the requested documentation to the Office of the Registrar.

 

Initial Determination of Residency

When you apply for admission to any graduate or undergraduate program, the admissions office will determine your residency status for tuition assessment. This determination will be based upon the information you supply on the application for admission. If you are not a citizen of the United States, you must complete the nonresident portion of the application and supply documentation of your nonimmigrant status.

The University reserves the right to correct any errors in residency status based upon incorrect or insufficient information supplied by you, which directly or by inference leads to an inaccurate tuition assessment. When an error has been identified and corrected, tuition will be recalculated for the terms affected, and you will be held liable for any additional tuition.

Legal Determination of Residency

The following statement from the New Jersey Statutes Annotated defines residence for higher-education purposes: "Persons who have been domiciled within this State for a period of 12 months prior to initial enrollment in a public institution of higher education are presumed to be domiciled in this State for tuition purposes. Persons who have been domiciled within this State for less than 12 months prior to initial enrollment are presumed to be non-domiciliaries for tuition purposes."

The University reserves the right to request that you have the Internal Revenue Service or the New Jersey Division of Taxation forward tax records to the appropriate university office for review, or to request same directly from you.

If you claim to have established a new domicile in New Jersey, you must show (1) a physical abandonment of your 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 for reasons other than attending school.

If you’re from another state or country and have enrolled in any type of educational institution in New Jersey prior to applying to NJIT, you will be presumed to be in New Jersey primarily for educational purposes and will be presumed not to have established a domicile in New Jersey. Although you 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 do not in and of themselves overcome the presumptions.

Factors Considered in Determining Residency for Tuition Assessment

If you reside in New Jersey for a period of 12 months before first enrolling at a public institution of higher education in the state of New Jersey, you are presumed to be a state resident for tuition purposes.

If you have been domiciled within this state for less than 12 months prior to the date of enrollment, you are presumed to be a nonresident for the purpose of calculating tuition. If you assert residency but your residency status is challenged by the University, you must prove your domicile according to the following regulations:

"Domicile" means the place where you have your true, fixed, permanent home and principal living establishment, and to which, whenever you are absent, you have the intention of returning.

Although actual presence is not necessary to preserve domicile once it has been acquired, if you’re absent from the state, you must have the intention of returning to New Jersey in order to remain a legal resident.

In determining whether the legal-resident status has been shown, mere physical presence and the declaration of intent to remain in the state may not be sufficient. To assist in determining whether you are a New Jersey legal resident, the primary evidence of residency, although not dispositive, is a notarized affidavit setting forth domicile and a copy of a New Jersey income tax return substantiating employment in New Jersey as your primary reason for residing in the state. In the case of dependent students, a copy of your parents’ or legal guardians’ New Jersey tax return will be required in addition to the affidavit. The following additional items may be considered: voter registration in New Jersey, a New Jersey driver's license or registration, or such other information as the University deems acceptable. 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 not be deemed sufficient to justify a determination of legal-resident status.

If you resided with your parents or legal guardians for more than six consecutive weeks last year or this year, or are dependent upon them for food, clothing, or shelter during the present or prior year, or you are claimed or will be claimed as a dependent for income tax purposes for the last or current year, you are deemed to be financially dependent. In such a case, your domicile will be determined by the domicile of your parent or legal guardian for the year prior to the term of admission.

Conversely, if you have not lived and will not live with a parent or legal guardian for more than six consecutive weeks during the present or prior year; have not received and will not receive financial assistance from parents or legal guardians of more than $750 in support of any kind including food, clothing, and shelter last year and this year; have not been claimed as an exemption on parents' or legal guardians' tax return last and this year; and have resources that are at least equal to the level of public assistance in the preceding calendar year, you are deemed to be financially independent and your own domicile for the year prior to the term for which New Jersey domiciliary status is sought will determine your residency status.

Effects of Marriage on Residency

If you’re a U.S. citizen or permanent resident who marries a legal resident of New Jersey, you assume the domicile of that spouse for tuition purposes in the term following marriage. The same test for residency will be applied to spouses when marriage is claimed as the basis for domicile.

No change in status will occur when a legal resident student marries a nonlegal resident.

Presence in New Jersey Because of Military Service

As a general rule, in the absence of any intention to effect a change of domicile, your domicile is not affected or changed by reason of your entry into the military service.

United States military personnel and their dependents that are living in New Jersey are regarded as residents of the state for tuition purposes.

Foreign Nationals

If you’re an international student studying under a nonimmigrant status, you may be eligible to pay resident tuition upon receipt of your permanent-resident card. In addition to receipt of permanent-resident status in the United States, you must comply with the definition of "domicile" as described above. Any other nonimmigrant alien (H-1, E-1, etc., status) will be classified as a nonresident for the assessment of tuition.

Residency will be determined as of the first term following the admission date on the permanent-resident card. Applications for residency will not be processed unless a photocopy of both sides of the permanent-resident card is included with the application. A tuition refund will be issued if the admission date on the permanent-resident card precedes the start date of the current term.

A residence established solely for the purpose of attending a particular college or university cannot be considered as fulfilling the definition of domicile.

Refugees: If you have been granted refugee status, you are not considered a permanent resident of the United States and are not eligible to pay resident tuition rates. An employment authorization visa issued by U.S. Immigration and Naturalization Service does not qualify you for New Jersey resident-tuition status.

If you have been granted political asylum in the United States, you may be eligible to pay resident tuition rates effective the semester after which asylum has been granted.

Request for a Change of Residency Status

Request for change in residency status must be submitted to the Office of the Registrar no later than four weeks before the last day of classes. You must file an Application for New Jersey Residency Status Form, with all supporting affidavits deemed appropriate by the Registrar pursuant to N.J.A.C. 9A:5-1.1 et seq., at the time of application. If you qualify for resident tuition assessment based on the information supplied with your request, you will have your status changed only for the current and subsequent terms. There are no retroactive adjustments in tuition assessments.

Residency Appeals

Appeals on the determination of residency status must be made to the Registrar and are accepted no later than one month after the date of status notification. Unresolved appeals will be forwarded to the associate vice president for enrollment. The associate vice president will respond to the appeal within 30 working days of receipt of the appeal. The decision will be final.

Student Responsibilities

You are responsible for providing relevant and accurate information upon which a residency determination can be made. The burden of proving residency status lies solely with you. Moreover, it is considered your obligation to seek advice when in doubt regarding eligibility for in-state tuition assessment. If you delay or neglect to question eligibility status beyond the period specified above, you forfeit the right to a residency assessment to which you might have been deemed eligible had an appeal been filed at the appropriate time.

If you are classified as a resident student but you become a nonresident at any time by virtue of a change of legal residence, you are required to notify the Registrar immediately.

As an independent student, you lose residency status for in-state tuition payment immediately upon abandonment of the New Jersey domicile. Assessment of nonresident tuition charges will take effect on the term following the date of abandonment.

Penalties

If you have obtained or seek to obtain resident classification by deliberate concealment or misrepresentation of facts, or you fail to come forward with notification upon becoming a nonresident, you will be subject to disciplinary action before the University's professional-conduct committee.