Residency

Residency

The rules regarding residency for tuition purposes at The University of Alabama in Huntsville are governed by the State of Alabama Code Subsection 16, Title 16, Chapter 64, The University of Alabama System Board Rule 202, and institutional policy.

All students registering at The University of Alabama in Huntsville (UAH) who do not establish that they are “resident students” shall pay a “non-resident student” tuition, which shall be at least twice the amount of “resident student” tuition. Classification of students as “non-resident” at UAH shall be made at the time of their initial application and registration and shall continue unchanged through all subsequent registrations until satisfactory evidence to the contrary is submitted at the time of any subsequent registration.

For independent students, residency classification is determined based on their ability to document clearly and convincingly that they meet the criteria summarized below.

The residency classification of minors and dependent students is based solely on their supporting person(s).

A resident student, for the purposes of this policy, is one who has established residency in Alabama and has maintained that status for at least one year immediately prior to the last day of registration for the appropriate semester and if you are in Alabama solely or primarily for educational purposes (as demonstrated by registering for a full-time course load at UAH within the last 12 months), you will not be eligible for resident classification, regardless of the length of your time in Alabama.

What students need to know about Alabama residency for purposes of tuition and fees:

• The standard for residency makes it extremely difficult for most undergraduates who do not have a parent domiciled in Alabama to qualify for classification as a resident at The University of Alabama in Huntsville.
• Your resident or nonresident classification is determined for purposes of tuition and fees at the point of admission to The University of Alabama in Huntsville.
• Alabama residency for the purpose of tuition and fees is centered on one’s legal domicile. For this policy, a domicile is defined as the place a man or woman has voluntarily fixed the habitation of himself/herself, not for a mere special or temporary purpose, but with the intention of making a permanent home. In regards to that definition, the pursuit of an education is considered a special or temporary purpose. Furthermore, intention cannot be anecdotal or emotional in nature. Intention must be demonstrated clearly with the appropriate supporting documentation.
• If you are an undergraduate under the age of 24 and your parent(s) are not Alabama residents as defined by this policy, it is unlikely that you will be able to qualify as an Alabama resident for purposes of tuition and fees.
• The term ‘resident’ in the Residency Policy for Tuition Purposes comes from the University’s residence regulations and differs from other definitions of Alabama residency. For example, a person who is an Alabama resident for tax or voting purposes will not necessarily be a resident for purposes of tuition and fees. Financial Aid definitions of ‘resident’ may also differ. These other definitions of ‘resident’ do not confer in-state residency for purposes of tuition and fees.
• You do not become a resident for purposes of tuition and fees simply by living in Alabama for twelve months or more. The length of time you attend The University of Alabama in Huntsville or live in the state of Alabama is not the sole or primary determining factor of residency. If you are in Alabama solely or primarily for educational purposes (as demonstrated by registering for a full-time course load at UAH within the last 12 months), you will not be eligible for resident classification, regardless of the length of your time in Alabama.
• Second or multiple properties in Alabama do not sufficiently demonstrate the standard for Residency for Tuition Purposes.
• You normally cannot establish Alabama residency for purposes of tuition and fees while maintaining ties to another state or country (e.g. state tax liability, driver’s license, voter’s or vehicle registration). Further, if you have moved to Alabama primarily to attend The University of Alabama in Huntsville, you are here for educational purposes and so are not eligible for reclassification for purposes of tuition and fees.
• In order to establish residency in Alabama for purposes of tuition and fees, you must have the legal ability to establish a permanent domicile in the United States, meaning that you must be a citizen or permanent resident of the United States or hold a valid, qualifying non-immigrant visa as indicated in the International section.
• It is your burden to prove, clearly and convincingly, that you have satisfied all applicable requirements.
• Personal circumstances not pertaining to the Residency for Tuition Purposes policy, such as academic merit and financial hardship cannot be considered in evaluating whether or not you are able to qualify for Alabama residency for purposes of tuition and fees.
• Only specifically authorized personnel within the Office of the Vice President of Student Affairs at The University of Alabama in Huntsville are qualified to answer questions or make a determination about residency for tuition purposes. Other University personnel are NOT authorized to supply information relative to residency requirements for tuition purposes.
• The deadline for residency petitions is the 6th class day of each academic semester for the semester applicable.  Retroactive adjustments are not considered.

Definitions

• Independent Student:  An individual who is not claimed as a dependent by his or her parents or any other individual for the tax year immediately preceding the request for resident classification and is able to demonstrate financial self-sufficiency for at least the last year. Students who are minors as defined by Alabama state law are not eligible to be considered independent students for the purposes of this policy.

• Dependent Student:  An individual is presumed to be a dependent of his or her parents if he or she (1) has been primarily involved in educational pursuits as evidenced by being enrolled as a full-time student at any point during the last year, or (2) cannot prove financial self-sufficiency for at least the last year. All students under the age of 24 are presumed to be dependent students unless proven otherwise through appropriate documentation.

• Domestic Domicile:  That place in which a man or woman has voluntarily fixed the habitation of himself/herself, not for a mere special or temporary purpose, but with the intention of making a permanent home. In reference to this policy, the pursuit of an education is considered a special or temporary purpose. Furthermore, intention cannot be anecdotal or emotional in nature. Intention must be demonstrated clearly with the appropriate supporting documentation.

• Minor:  An individual who, because of age, lacks the capacity to contract under Alabama law. Under current law, this means a single individual under nineteen (19) and a married individual under eighteen (18), but excludes an individual whose disabilities of non-age have been removed by a court of competent jurisdiction for a reason other than establishing a legal residence in Alabama.

• Supporting person:  Either or both of the parents of the student (if they are living together) or if they are divorced or living separate, then either the parent providing the greater amount of financial support or responsibility of the two. Recent income tax returns and divorce decree may need to be provided. If both parents are deceased or if neither had legal custody then supporting person shall mean: court-appointed guardian or conservator of the student.

• Veteran:  A person who served in the active military, naval, or air service, and who was discharged or released there from under conditions other than dishonorable, as specified in 38 U.S.C. 101(2). Active service includes full-time duty in the National Guard or a Reserve component, other than full-time duty for training purposes.

• Member of the Uniformed Service:  “Uniformed Services” consist of the armed forces (Army, Navy, Air Force, Marine Corps, and Coast Guard), the Commissioned Corps of the National Oceanic and Atmospheric Administration (NOAA) and the Commissioned Corps of the Public Health Services
  
  
• Tennessee County Exception: is a resident, and has been a resident for at least 1 year immediately preceding the last day of registration for the semester at UAH, of Bedford, Coffee, Franklin, Giles, Lawrence, Lincoln, Marion, Marshall, or Moore counties in Tennessee.  Your permanent mailing address and supporting documentation must reflect the address located in the applicable county.

Frequently Asked Questions

• When is a student's residency status determined?

  The Admissions office 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 residency status determined at this time remains in effect until the student either (1) fulfills the requirements for residency and petitions for reclassification or (2) loses residency by his or her absence from Alabama with intent to become a resident of another state. Residency status is reviewed after any absence from the University of one year [three consecutive semesters] or more.

• How is a minor student's residency status determined?

  In Alabama, nineteen (19) is the age of majority. Persons under the age of nineteen are considered minors under the law. The residency status for students under nineteen is based upon the residence of the student’s “supporting person” as that term is defined in the Non-resident Tuition Policy. In most cases a person must be 19 to begin to establish residency apart from his or her parents, legal custodian, or guardian.

• Will my residency status be updated to in-state after my first year of attendance?

  A student’s residency status is not based on the length of time that he or she attends the University. Alabama law stipulates that an individual living in Alabama for the purpose of attending school is to be considered a non-resident student. Students admitted as non-residents remain as such until and unless sufficient evidence is submitted that demonstrates fulfillment of the requirements.

• Are there provisions for veterans and members of the U.S. military?

  Yes. Please contact Military and Veterans Programs in the Student Services Building Suite 119, 301 Sparkman Drive Huntsville, AL 35899, 256.824.2758, vacontact@uah.edu

• What is the residency status of immigrants, refugees, and international students?

  A noncitizen with a visa that prohibits establishing a residence in Alabama during any portion of the durational period may not be granted resident student status. Other noncitizens may qualify for resident student status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for residence.

• What effect does property ownership in Alabama have on tuition classification?

  Property ownership in Alabama does not, by itself, constitute residency or entitlement to in-state tuition.

• Does a student who is not a minor living in Alabama with a relative other than parents or guardian have any effect on residency status?

  Very little.

• If a student is a dependent of an out-of-state UAH alumnus, would it have any effect on residency status?

  No. This would have no influence on residency status.

• How does a student petition for a reclassification of residency status?

  A non-resident student who believes he or she has satisfied the residency requirements may complete an Application for Reclassification of Residence for Tuition Purposes. A change in residency classification is never automatic. It is always the student’s responsibility to initiate the reclassification request. Applications must be submitted by the last drop/add date given for the specific Fall/Spring, Interim, and Summer terms.

• After reading the residency guidelines, I think I should have been considered a resident months ago. Can I apply for a prior semester and get a refund if I can show I was a resident then?

  No, residency reclassification is not retroactive. You must apply by the last drop/add date given for the specific semester in question in order to be reviewed for residency reclassification for that semester.

• May a student appeal if his or her petition for residency is denied?

  Yes. For details please review the University Catalog.

• May a student who is classified as a resident lose resident status and be reclassified as a non-resident?

  Temporary absences from Alabama alone will not result in a loss of resident student status once established, unless the absence is accompanied by actions which indicate intent to establish a new residence in another state. Determination that false or misleading information was provided by the student may result in loss of resident status and dismissal from the University. Residency status may be redetermined after any absence from the University..

International Section

International students who apply for residence reclassification must have the ability to remain indefinitely in the United States and otherwise meet the requirements of the Alabama Code and Board Rule 202.

A person must be a Permanent Resident Alien, Political Asylee, Political Refugee, or who hold an A, E, G, H, I, L, O, P, R, TC, TD, TN or U visa to be eligible for review as an in-state resident for tuition purposes. In addition, the criteria for residency for tuition purposes must be demonstrated sufficiently.

Students who hold a B, F, J, or M visa are not eligible to establish Alabama residency unless their supporting person meets the criteria in this policy for residency for tuition purposes. Full-time employees of a company party to an Alabama Free Trade Agreement may be eligible to establish residency based on that employment.

Application for Determination of Alabama Residency for Tuition Purposes

To request for your residency status to be reclassified, please return a completed Application for Determination of Alabama Residency for Tuition Purposes and any appropriate documentation to the Office of the Vice President of Student Affairs, SSB 317, or email to residency@uah.edu.