1. General Overview
2. Florida Law
3. I Am A Dependent Student
4. I am an Independent Student
5. Reclassification
6. Exceptions
7. Helpful Definitions

FLORIDA RESIDENCY FOR TUITION PURPOSES

Whether you are claiming Florida residency on your initial application or
whether you are attempting to change your residency status in hope for
qualifying for in state tuition, the rules are the same for all persons.

Florida statute requires the claimant (the person claiming residency) to
be a U.S. citizen or permanent resident alien student or the dependent
student’s parent/legal guardian.  The student or guardian “resident” must have established and maintained a legal Florida residence for at least 12 months before the first day of the semester for which in-state status is sought.

In-state status is only for those residents who reside in the state permanently with established legal domicile in Florida.  Permanent Florida residency is demonstrated by the absence of ties to any other state.  An out-of-state permanent address on pertinent records is not indication of established legal domicile in Florida.

Permanent residence is evaluated for the domicile year associated with the initial term of entry to FIU or the term for which you are seeking reclassification.  A copy of a federal income tax return substantiating residency and dependent or independent student status will be required.

Students are either dependent or independent.  In rare cases, a student may qualify for temporary in-state status by qualifying under an exception category.  

• Guidelines of Florida Residency for Tuition Purposes

Initial Classification (New FIU Students)

For new students changing their residency status, you have until the first day of your first term at FIU to complete the Residency Change Request Worksheet and submit appropriate supportive documents to the Office of Admissions at either campus location below.

We strongly recommend that you submit all supportive residency documentation needed as soon as possible.  This will affect your Financial Aid award and may affect eligibility to be considered for new scholarships.

Reclassification (Continuing FIU Students)

To request a change of your residency status to Florida resident, you must be admitted to the university, have completed one term of enrollment and provide documentation of 12 months of legal residence in Florida.  If you feel you have satisfied these basic qualifications, you can submit the Residency Change Request Worksheet along with the supportive documentation to the Registrar’s Office at either campus location below.

Initial and Re-Classification (Non Degree Students)

To request a change of your residency status to Florida resident, you must have completed one term of enrollment (continuing students only) and provide documentation of 12 months of legal residence in Florida.  If you feel you have satisfied these basic qualifications, you can submit the Residency Change Request Worksheet along with the supportive documentation to the Registrar’s Office at either campus location below.

The Florida Law Regarding Residency for Tuition Purposes:

Basic Provision
The law allows U.S. Citizens and Lawful Permanent residents to be classified as a Florida resident for tuition purposes if the applicant or the dependent applicant's parent/legal guardian has been a legal resident of the State for at least 12 months preceding the first day of classes of the term for which Florida residency is sought.

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. However, absolute physical presence is not required. For example, a person may take vacations out-of-state without altering his/her residency status. Additionally, a person may go out of the country and remain eligible so long as legal ties and requisite intent with Florida are maintained. Finally, in some circumstances, a person may leave Florida to work or attend school temporarily in another state and still remain eligible for residency. Eligibility in these circumstances depends on the extent to which the absentee Florida resident maintains Florida legal ties and does not establish ties with another state.

Requisite Intent
As provided by Section 1009.21(2)(a)2, F.S., 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.

The student who comes to Florida to enroll in a Florida postsecondary educational institution as an out-of-state resident and continuously enrolls in a Florida institution will not normally meet the Florida residency requirement for in-state tuition regardless of the length of time enrolled.

For the purposes of determining residency for tuition purposes, continuous enrollment shall be defined as enrollment in at least two terms each 12-month period beginning with the student's first enrollment in a community college or university.

DEPENDENT / INDEPENDENT
A copy of the student's most recent tax return or other documentation may be requested to establish dependence/independence.

Florida Residency is determined by the respective Offices of Admissions when you apply to the university. Failure to provide all relevant information and required documentation in the residency section of the admission application will result in a non-Florida or "out-of-state" resident classification for tuition purposes.

You have until the first day of your first term at FIU to contact the Office of Admissions and request re-evaluation of your residency status, if you have additional documentation not submitted previously. However, we strongly recommend that you submit all supportive residency documentation needed as soon as possible.  This will affect your Financial Aid and may affect your eligibility to be considered for scholarship.

Once you have initially enrolled at FIU, any request for reclassification of your residency status will need to be made through the Registrar's Office at either campus.

Initial Classification

Reclassification

Non Degree Students

What is a dependent student?

Dependent students are 24 years or younger and are claimed by their parent or legal guardian as a dependent on the most recent Federal income tax form.

Dependent students, whose parent or legal guardian is a Florida resident, may request in-state residency status by completing the following:

1. Provide evidence that substantiates the parent or legal guardian's
legal ties to the State of Florida.  At least two of the following documents from the parent/legal guardian must be dated/issued 12 months prior to the first day of classes for which the student is enrolling.  No single document is conclusive and additional documents may be requested. 

Moreover, the parent must also demonstrate the absence of legal ties to another state and establishment of a bona-fide domicile in Florida (rather than maintaining a temporary residence incident to enrollment at the university).  Continued legal ties to another state contradict establishment of Florida domicile.

Required Documentation (provide at least two)

• Florida driver’s license

• Florida vehicle registration

• Florida vehicle title

• Florida voter’s registration

• Declaration of domicile

• Proof of purchase of a permanent home in Florida

• Florida occupation/professional license

• Florida incorporation or other evidence of legal residence in Florida

2. Submit documentation to prove the student’s dependent status
   
   
   • copy of the parent's/legal guardian's most recent federal income tax return indicating that the student was claimed as a dependent, OR
     
     
   • notarized letter indicating that the parent or legal guardian provides a minimum of 50% or more of the student’s support.
     
     
3. Submit a completed  Residency Change Request Worksheet along with the above documentation.

For additional information to claim dependent status, please see Guidelines on Florida Residency for Tuition Purposes.

What is an independent student?

1. The student is 24 years of age or older by the first day of classes of the term for which residency status is sought at a Florida institution
2. The student is married
3. The student has children who receive more than half of their support from the student
4. The student has other dependents who live with and receive more than half of their support from the student
5. The student is a veteran of the United States Armed Forces or is currently serving on active duty in the United States Armed Forces for purposes other than training
6. Both of the student's parents are deceased or the student is or was (until age 18) a ward/dependent of the court
7. The student is working on a master's or doctoral degree during the term for which residency status is sought at a Florida institution, or
8. The student is classified as an independent by the financial aid office at the institution.

The student must provide evidence to substantiate the Residency Change Request Worksheet:

Documentation:

1. First Tier (provide at least one from this list)
   • Florida driver’s license
   • Florida vehicle registration
   • Florida vehicle title
   • Florida voter registration card
   • Declaration of domicile in Florida
   • Proof of purchase of a permanent home in Florida
   • Transcripts from a Florida high school for multiple years
   • Proof of permanent full-time employment in Florida
   • Benefit histories from Florida agencies or public assistance programs
   
   
2. Second Tier (may be used in conjunction with one document from First Tier)
   • Florida occupational/professional license
   • Florida incorporation or other evidence of legal residence
   • Documents evidencing family ties in Florida
   • Any other documentation that supports the student's request for resident
     status.

Purpose:

The burden of proof is on the student to show: (1) residency in Florida for the requisite 12-month period; and (2) residency in the state was not merely temporary or incident to enrolling in a college or university located in Florida. Documentation for meeting the first requirement of reclassification is the same as for initial classification (see above). Additional evidence or documentation may be required for meeting the second requirement of reclassification. FIU will obtain additional evidence by requiring the student to sign an affidavit stating, "I have been a resident in the State of Florida for the past year and it is my intention to remain a resident of the State of Florida."

PROCEDURES FOR RESIDENCY RECLASSIFICATION

Residency for tuition purposes is governed by the section 1009.21, Florida Statutes and Rules 6A-10.044, Florid Administrative Code.  The student who is classified as an out of state and wants to request classification to in-state status, must complete a residency statement and provide all necessary supportive documentation

Documentary Evidence

The evidentiary requirement for reclassification goes beyond that for an initial classification, because these individuals have previously been determined to be out-of-state residents. An individual who is initially classified as a nonresident for tuition purposes may become eligible for reclassification as a resident for tuition purposes only if that individual, or his or her parent if that individual is a dependent child, supports permanent residency in this state for 12 consecutive months. The individual, or his or her parent if that individual is a dependent child, must present documentation that substantiates residency in this state 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.
Therefore, the burden of proof is on the student to show: (1) residency in Florida for the requisite 12-month period; and (2) residency in the state was not merely temporary or incident to enrolling in a college or university located in Florida. Documentation for meeting the first requirement of reclassification is the same as for initial classification. Additional evidence or documentation may be required for meeting the second requirement of reclassification. Examples of evidence that may substantiate residency in this state for the purpose of maintaining a bona fide domicile may include:

• Student (or parent/legal guardian if dependent) is not enrolled full time in a Florida higher education institution during the previous 12 months.
  
  
• Student (or parent/legal guardian if dependent) has maintained a full-time permanent job in Florida during the previous 12 months. Full-time employment is considered one or more permanent jobs for a minimum of 30 hours a week.
  
  
• Student (or parent/legal guardian if dependent) was transferred to a full-time permanent job in Florida prior to initial enrollment as confirmed on corporate or organizational letterhead.
  
  
• Student (or parent/legal guardian if dependent) has an immediate relative (i.e., parent or child) who is currently living in Florida and who has resided in this state for the previous 12 months.
  
  
• Student (or parent/legal guardian if dependent) has purchased a home in Florida as primary residence (evidenced by a homestead exemption) prior to initial enrollment.

• Student (or parent/legal guardian if dependent) has received a military discharge and established residency in Florida prior to initial enrollment.

• Student (or parent/legal guardian if dependent) received social service benefits (e.g., disability) from the State of Florida during the previous 12 months.

• Student (or parent/legal guardian if dependent) lost their house or other domicile in another state due to severe natural disaster or crisis resulting in a state of emergency (e.g., hurricane or earthquake) that occurred prior to initial enrollment.

Additional information regarding reclassification criteria may be found in the Guidelines of Florida Residency for Tuition Purposes. The Residency Change Request Worksheet along with the Residency Reclassification Financial Statement form, if you are claiming independent, must be completed and submitted to the Registrar’s office with copies of the supportive documentation.   We recommend that you do this as soon as you feel you are eligible to be considered in state and strongly encourage that you submit along with your form supportive documentation.  Not submitting the supportive documentation will delay this review.

Exceptions to residency rules:

In certain circumstances, Florida Statute provides accommodation for a student to receive temporary classification for in-state tuition purposes when supporting documentation is submitted.  A student should only request residency classification using one of these categories if they do not qualify as either an independent or a dependent student.

You must submit the supporting documentation along with the Residency Change Request Worksheet. All letters of verification must include a contact name and telephone number so university staff can confirm the information you provided.

To view the required documentation for the exceptions listed below, click on the words in blue.

I am married to a person who has maintained legal residence in Florida for at lease 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.  

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 a student from Latin America and the Caribbean who receives scholarships from the Federal or State government. I attend a Florida institution on a full time basis.

I am a qualified beneficiary under the terms of the Florida Pre-Paid Post-Secondary Expense Program per s.1009.988(2) (Pre-Paid ID Card Required)

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 as a Florida resident for tuition purposes at a Florida public institution. I abandoned my Florida domicile less than 12 months ago and I am now re-establishing Florida legal residence.

I am a United States citizen living on the Isthmus of Panama and have completed 12 consecutive months of college work at the Florida State University 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 attending Florida’s State University.

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.

Helpful Definitions:

The terms below will help you understand the process of residency classification:

• Bona fide domicile
• Claimant
• Declaration of domicile
• Dependent student
• Independent student
• Legal guardian
• Legal ties to the state of Florida
• Physical presence

Bona Fide Domicile – A person’s true, fixed and permanent state of residence; the place a person intends to remain and return to. A student seeking residency classification must demonstrate that the claimant has established bona fide domicile in Florida rather than maintaining a temporary residence incident to enrollment at the university.

Claimant – The person demonstrating evidence of establishing and maintaining a permanent legal residence in Florida for a minimum of 12 months. The claimant can be the student or the individual on whom the student is basing his/her residency. In the latter case, the claimant can be the student’s parent, legal guardian or spouse.

Declaration of Domicile – An affidavit filed with the Clerk of Court’s office in the Florida county of residence that indicates the signatory is establishing a permanent, fixed residence in Florida and has relinquished legal ties with the previous state of residence. The filing date is evaluated in lieu of an issue date when this document is submitted as a legal tie to substantiate Florida residency.

Dependent Student – Someone who relies on a parent or other individual to provide a minimum of 51% of their support. Whether or not the student lives with the parent, they are considered dependent if the parent is eligible to claim the student for federal income tax purposes. Dependent students are considered legal residents of the same state as their parents. It is also assumed that students under the age of 25 who are enrolled full time are dependent unless they can clearly demonstrate otherwise.

Independent Student – A student is considered independent if one of the following conditions is satisfied:
• The student is 25 years old, or
• The student is married or has a dependent child, or
• The student is considered emancipated by virtue of the fact they are self supporting.
Students who claim to be self-supporting must clearly demonstrate that they provide a minimum of 51% of their own support. They must also convincingly document the following:
• Parents, relatives or friends make no provisions for their support, and
• Parents no longer claim them as a dependent for income tax purposes, and
• Parents are no longer eligible to claim them as a dependent for income tax purposes.
Note: Receipt of monetary gifts, personal loans or financial support in the form of room, board or other expenses from the student’s parents, other relatives, significant other or friends demonstrates that the student lacks independence and is financially dependent upon others. In such cases, the student is not considered independent.

Legal Guardian – A legal guardian is appointed by the Florida courts. 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.

Legal Ties to the State of Florida – At least one such document must be dated/issued at least 12 months prior to the first day of the semester for which Florida residency is sought. No single document shall be conclusive. The student or claimant must also demonstrate an absence of legal ties to another state. Continued legal ties to another state contradict claims of an established domicile in Florida.
Legal ties to Florida can be demonstrated with
• Florida driver's license
• Florida vehicle registration
• Florida vehicle title
• Florida voter's registration
• Declaration of domicile
• Proof of purchase of a permanent home in Florida
• Florida occupational/professional license
• Florida incorporation or other evidence of legal residence

Physical Presence – A student’s physical presence in Florida for the requisite 12 months and maintenance of a place of residence is critical to support the claim of bona fide residence. For reclassification, physical presence is substantiated through continuous enrollment for the three terms prior to the term for which reclassification is sought. For periods of nonenrollment, a student must document physical presence in Florida with proof of purchase of a permanent home, a lease, rent receipts and utility bills.