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New York State Residency Requirements for Tuition Purposes
Eligibility for New York State tuition rates is based upon the student being a resident of New York State, and showing that he or she has established a New York State domicile that is his or her permanent and principal home.
Being a resident of New York State includes the decision to abandon one's former state of domicile, and establish in New York, a domicile which is more than the mere presence that enrollment at the University implies. Living in New York State to attend college does not make a person a permanent resident of New York State. A person does not acquire a New York State domicile only by being physically present in New York for the sole purpose of attending college, or by being physically present in New York State for a period of twelve months.
Additionally, establishing a domicile in New York State requires an affirmative decision to adopt New York State as one's permanent home and the place to which one expects habitually to return after absences, and also implies the student's intent to remain in New York State after completing his or her studies. A student, who believes that he or she has established a domicile in New York State, must demonstrate this by submitting an application for Residency for New York State Tuition Purposes, and providing the supporting documents listed below.
Citizens of the United States, permanent residents, or non-immigrants with a visa which permits them to establish a United States residence, may be eligible for in-state tuition. Non-immigrants with a visa status, which prohibit them from establishing a United States residence, would not be eligible for in-state tuition.
A financially dependent student takes residence from the parent(s) on whom the student is dependent.
Independent Students are generally over the age of 22, AND are totally responsible for paying all of their educational expenses. The amount of income claimed by the student must equal or exceed all educational expenses including those associated with non-university housing. Income may include financial aid received as an independent student. Additional factors relevant to financial independence include:
- Employment on a full or part-time basis within New York State
- Sources and extent of other income
- Parents’ federal and state income tax forms which do not claim the student as a dependent (if the student continues to receive financial support, the student shall not be considered independent)
- Student’s place of residence during the summer or other academic term recess
- Student’s status as financially independent for purposes of federal and/or state financial assistance
- Independent filing by the student of federal or state income tax return
- Student’s assets and liabilities
- Students may not have any joint or custodial account with their parents’ or legal guardians
Generally, in-state tuition becomes effective one year after a student has established a New York State domicile. NOTE: Special instructions for TAs/GAs/RAs/Fellows.
Click here for the Application for In-State Residency Status
A student will be considered a New York State resident and be charged in-state tuition rates when that individual is determined to have had a New York State domicile (e.g. a permanent and principal home in New York State) for a twelve-month period prior to the start of the semester. (Living in college residence halls is considered "temporary" housing for the purpose of attending school. It does not count toward establishing residency in New York State. However, leased apartments (e.g. Creekside Village, Hadley Village, South Lake Village, Flint Village and Flickinger Court) on university property are acceptable.)) Persons who do not meet this requirement will be presumed to be out-of-state residents, and should be charged out-of-state tuition rates unless satisfactory proof is presented to show that domicile in New York State has, in fact, been established, notwithstanding the durational requirement.
Proof of New York State domicile is demonstrated by documents which support an applicant's contention that his or her permanent home is located in New York State. For dependent students, a review is done of the parent's or legal guardian's permanent home.
TUITION IS NOT REDUCED RETROACTIVELY. Only complete notarized applications with supporting documentation submitted on or before the following due dates will be reviewed for consideration of NYS Residency for Tuition Purposes:
- Fall Semester: July 1st
- Spring Semester: December 1st
- Summer Semester: June 1st
A student who disagrees with the initial decision by the university may appeal the decision in writing within 1 week of having received written notice of denial to the Compliance Officer of Funds Management and Compliance, 232 Capen Hall, Buffalo NY, 14260, Attn: Residency Application. If the student still disagrees with the decision, the student may appeal in writing within 1 week of denial date to the Institutional Review Panel for Residency Determination, Cheryl Taplin, Chair, (232 Capen Hall, Buffalo, New York, 14260), for the purpose of final review.
The chart below lists the kinds of documentation you are required to submit to prove that you have been residing in New York State for at least the past 12 months.
Required documents listed below must be submitted together as a package with the application by the deadline. Documents must support the claim to have resided in New York State for at least 12 consecutive months prior to the start of the semester of the application. The columns to the right indicate who the required documents must come from. Deadlines - Fall Semester: July 1, Spring Semester: December 1, Summer Semester: June 1
| Required Documents (A clear copy of the documents listed below must be enclosed with the application for Residency for Tuition Purposes) |
Dependent Students Documents must come from: |
Independent Students Documents must come from: |
|---|---|---|
|
Proof of citizenship or permanent residency [Must provide proof of ONE of the following]:
|
Student | Student |
|
Non-US Citizen
|
Student and Parent |
Student |
|
Proof of Identity
|
Student and Parent |
Student
|
|
Income Taxes Filed
|
Parent | Student |
|
Proof of Housing
|
Parent | Student |
|
Proof of Established Utilities/Services [Must provide proof of TWO of the following services dating back 12 months prior to start of semester]:
|
Parent
|
Student |
|
Miscellaneous [Must provide proof of ONE of the following]:
|
Parent | Student |
|
Supplemental Documentation (where applicable)
|
N/A Parent Parent Parent |
Student Student Student Student |
Please include a cover letter explaining any extraordinary circumstance and/or reasons for missing documents
* Members of the U.S. Armed Forces who provide documentation they are on full-time active duty and stationed in New York State shall be charged in-state tuition regardless of the actual location of their domicile.
Copies of documents must be submitted for permanent filing. Student Academic Records & Financial Services/Student Response Center will not make copies or return original documents.
Return the completed form to:
- Student Academic Records & Financial Services
- 232 Capen Hall
- Buffalo, NY 14260
- Attn: Residency
PLEASE NOTE: Communications are conducted through UB e-mail, US mail, telephone, or FAX.
Last updated: Friday, 26-Sep-2008 10:40:35 EDT
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