What are the Basic Requirements for Florida Residency?
To qualify as a Florida resident for tuition purposes, the claimant (person claiming residency for the student; maybe a parent, spouse, legal guardian, or the student themselves) must have established and maintained legal residence and physical presence in Florida for at least 12 months before the first day of classes of the term for which Florida residency is being sought. The law allows U.S. citizens, permanent resident aliens, or legal aliens granted indefinite stay by the Bureau of Citizenship and Immigration Services to be classified as a Florida resident if the applicant, or the claimant in cases where the student is dependent, has met the requirement of residency in the state for at least 12 months preceding the first day of classes. Persons who do not meet the following requirements may be classified as a Florida resident only if they fall within one of the qualifications by exception as noted in Section 1009.21, Florida Statutes.
How do I determine if I'm a dependent student or an independent student?
If you answer "yes" to any of the following questions, you will be classified as an independent student for the determination of residency for tuition purposes (documentation proving independent status will be required):
Will you be 24 years old or older by the first day of classes for the term for which you wish to enroll at FAU?
At the beginning of the school year will you be working on a master's, specialist or doctorate program (such as MA, MBA, MD, JD, PhD, EdD, or graduate certificate, etc.)?
As of today, are you married? ( Answer "yes" if you are separated but not divorced.)
Do you have children who receive more than half of their support from you?
Do you have dependents (other than children or spouse) who live with you and who receive more than half of their support from you?
Are both of your parents deceased, or are you (or were you until age 18) a ward or dependent of the court or state?
Are you currently serving on active duty in the U.S. Armed Forces for purposes other than training?
Do you provide a minimum of 51 percent of your own support? (Documents such as tax return, W-2 forms, pay stubs, employer earning verification will be required.)
How do I prove financial independence?
Proving Financial Independence:
If you feel you qualify as an independent student because you provide a minimum of 51 percent of your own support, you must prove that you are self-supporting (especially true for those who are under the age of 24). Based on the cost of attendance, it will be determined whether the student meets requirements for being considered financially independent for the purposes of establishing residency for tuition purposes.
Admissions staff will evaluate each student's independence eligibility based on number of credit hours enrolled, number of full-time hours worked, federal income tax return information for the student and parent(s), student income, and other factors.
In order for the student to prove that they provide at least 51 percent of their own support, the following information is required:
Documents required:
Most recent federal income tax returns
W-2 forms
Pay stubs
Proof that the student is no longer claimed as a dependent by their parent or legal guardian.
Documents required:
Copy of parent's most recent federal income tax return.
Who is my "claimant"?
A claimant is the person who is providing evidence of the establishment of permanent legal residence in Florida. *For independent students, the claimant is the student. Documentation substantiating independent status will be required. (Please see the Proving Financial Independence Section ) *The claimant can be the student's spouse (marriage certificate required). (Please see " Qualification by Exception " section for more information.)
What do I need to provide to prove my claim for Florida residency?
The claimant must provide documentation proving both legal ties and physical presence in the state of Florida. Documents must be dated/issued at least 12 months before the first day of the semester for which Florida residency is sought. The claimant must demonstrate the establishment of a bona fide domicile in Florida and absence of legal ties to another state. No single document is conclusive.
Applicants who have been accepted to an FAU Graduate Degree Program may submit residency documents by clicking the link below: Submit Proof of Florida Residency Here
Please contactgcresidency@fau.edufor more information or if you have difficulty accessing the residency portal.
First Tier(at least two or more documents submitted must be from this list, however, more may be needed)
A Florida voter’s registration card.
A Florida driver’s license.
A State of Florida identification card.
A Florida vehicle registration.
Proof of a permanent home in Florida which is occupied as a primary residence by the individual or by the individual’s parent if the individual is a dependent child.
Proof of a homestead exemption in Florida.
Transcripts from a Florida high school for multiple years (2 or more years) if the Florida high school diploma or GED was earned within the last 12 months.
Proof of permanent full-time employment in Florida for at least 30 hours per week for a consecutive 12-month period.
Second Tier(may be used in conjunction with one document from First Tier, but more may be needed as determined by the Residency Officer)
A declaration of domicile in Florida.
A Florida professional or occupational license.
Florida incorporation.
A document evidencing verifiable family ties to a Florida resident, as defined by tuition purposes.
Proof of membership in a Florida-based charitable or professional organization.
Any other documentation that supports the student’s request for resident status, including, but not limited to, utility bills and proof of 12 consecutive months of payments; a lease agreement and proof of 12 consecutive months of payments; or an official state, federal, or court document evidencing legal ties to Florida.
I am a qualified beneficiary under the terms of the Florida Prepaid College Program (s. 1009.98, Florida Statutes). (Required: Copy of Florida Prepaid Recipient card).
I am married to a person who has maintained legal residence in Florida for at least the past 12 consecutive months. I now have established legal residence and intend to make Florida my permanent home. (Required: copy of marriage certificate and/or other documents required to establish residency).
I was previously enrolled at a Florida state postsecondary institution and classified as a Florida resident for tuition purposes. I am transferring to another Florida state postsecondary institution within 12 months of the previous enrollment. (Required: Evidence of previous enrollment as a FL resident).
I was previously enrolled at a Florida state postsecondary institution and classified as a Florida resident for tuition purposes. I abandoned my Florida domicile less than 12 months ago and am now re-establishing Florida legal residence.
Active duty members of the Armed Services of the United States residing or stationed in this state, their spouses and dependent children, and active drilling members of the Florida National Guard. (Required: Copy of military orders or DD2058 showing home of record).
Active duty members of the Armed Services of the United States and their spouses and dependents attending a Florida College System institution or state university within 50 miles of the military establishment Rule 6A‐10.044, F.A.C., Form FRD‐1 Effective December, 2015 Page 3 where they are stationed, if such military establishment is within a county contiguous to Florida. (Required: Copy of military orders).
United States citizens living on the Isthmus of Panama, who have completed 12 consecutive months of college work at the Florida State University Panama Canal Branch, and their spouses and dependent children. (Required: Copy of marriage certificate or proof of dependency).
Full-time instructional and administrative personnel employed by state public schools and institutions of higher education and their spouses and dependent children. (Required: Employment Verification).
Students from Latin America and the Caribbean who receive scholarships from the federal or state government. Any student classified pursuant to this paragraph shall attend, on a full-time basis, a Florida institution of higher education. (Required: proof of scholarship and Latin America or Caribbean residency.)
Southern Regional Education Board’s Academic Common Market graduate students attending Florida’s state universities. (Required: Certification letter from State Academic Common Market Coordinator).
Full-time employees of state agencies or political subdivisions of the state when the student fees are paid by the state agency or political subdivision for the purpose of job-related law enforcement or corrections training. (Required: Employment verification/payment agreement).
McKnight Doctoral Fellows and Finalists who are United States citizens. (Required: Verification from graduate studies).
United States citizens living outside the United States who are teaching at a Department of Defense Dependent School or in an American International School and who enroll in a graduate level education program which leads to a Florida teaching certificate. (Required: Proof of enrollment in graduate program for FL teaching certificate).
Active duty members of the Canadian military residing or stationed in this state under the North American Air Defense (NORAD) agreement, and their spouses and dependent children, attending a Florida College System institution or state university within 50 miles of the military establishment where they are stationed. (Required: Proof of active duty membership for specified purpose).
Active duty members of a foreign nation’s military who are serving as liaison officers and are residing or stationed in this state, and their spouses and dependent children, attending a Florida College System institution or state university within 50 miles of the military establishment where the foreign liaison officer is stationed. (Required: Proof of active duty membership for specified purpose).
I am a Non-U.S Citizen. Do I qualify as Florida Resident for Tuition Purposes?
Non-US citizens such as permanent resident aliens, parolees, asylees, and other legal aliens granted indefinite stay who have applied and been approved by the U.S. Bureau of Citizenship and Immigration Services, and non-immigrants holding eligible visas may be considered as Florida residents for tuition purposes, provided they meet the 12 month Florida residency requirements.
Eligible Immigration Documentation and Visa Categories:
Permanent Resident Card
Alien Registration Receipt Card I-551
Passport stamped "Processed for I-551 Temporary Evidence of Law for Permanent Residence" with date
Notice of Action Letter I-797 stating approved for permanent residency
Employment Authorization Card with valid category A1-A09, C08, C09, C24 or C25
Parolee I-94 Arrival/Departure Record stamped "Paroled pursuant to [Provision of Law & Date]"
Asylee I-94 Arrival /Departure Record stamped "Asylum Status Granted"
Asylum Office Letter stating request for asylum has been granted
Order of an Immigration Judge stating application for asylum has been granted
Refugee I-94 Arrival/Departure Record stamped "Admitted as a Refugee pursuant to Section 207 of the Act"
Passport stamped " Admitted as Refugee pursuant to Section 207 of the Act"
Eligible Visa categories: A, E, G, H-1B, H-1C ( classification expires 12-2-2011), I, K, L, N, NATO 1-7, O-1, R, S, T, U and V
Important things to know about establishing Florida Residency for Tuition Purposes
A student who comes to Florida to enroll full-time in a state institution of higher learning as an out-of-state resident and continuously enrolls will not normally meet the Florida residency requirements for in-state tuition, regardless of the length of time enrolled.
Simply living in the state of Florida for a 12 month period or longer and/or attending school in Florida does not automatically result in qualification for in-state residency.
To qualify as a resident for tuition purposes you must be a U.S citizen, permanent resident alien, a legal alien granted indefinite stay by Homeland Security, or qualify under one the of the special categories outlined on the Qualifications by Exception page .
Documents supporting a student's claim for Florida residency must be dated, issued or filed at least 12 months before the first day of the semester for which residency is being sought.
Students who are dependent on out-of-state parents are presumed to be legal residents of the same state as their parents. Residence in the state of Florida must be for the purpose of establishing a permanent home and not merely incident to enrollment at an institution of higher education.
A marriage license/certificate is required in all cases where a spouse is claiming residency on their partner's behalf.
Leases and employment verification show physical presence only. Additional information is required to show legal ties to the state of
Florida in order to qualify for residency.
Retaining legal ties to any state other than Florida is considered evidence that can disqualify a student from being considered as a bona fide resident of Florida. Example: having a license from another state is considered a legal tie to a state other than Florida.
Definitions
Bona Fide Domicile: A person's predominant and principal state of residence and their place of abode that they recognize and intend to maintain as their permanent home.
Claimant: The person who is providing evidence of the establishment of permanent legal residence in Florida. For independent students, the claimant is the student. For dependent students, the claimant can be the student's parent, legal guardian or spouse.
Declaration of Domicile: A sworn statement which states that you reside in and maintain a place of abode in the Florida County of residence in which the document is filed. The signed and notarized document is filed with the Clerk of Courts and states that you relinquish all legal ties with your previous state of residence. The document must be filed 12 months prior to the start of the semester for which Florida residency is sought.
Legal Guardian: A legal guardian is appointed by the Florida court system. 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. Notarized letters and Power of Attorney paperwork are not considered legal guardianship documents.
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. 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.
Legal Ties: Documents showing legal ties to the state of Florida
Florida Driver's License
Florida Voter's Registration Card
Florida Vehicle Registration
Florida Vehicle Title
Declaration of Domicile
Proof of Purchase of a Permanent Home in Florida that is occupied as primary residence
Proof of Permanent Full-Time Employment
Florida Professional or Occupational License
Florida Incorporation
Benefit Histories from Florida Agencies or Public Assistance Programs
Appeal Procedures
In cases where a student's residency is denied by the university, they will receive written notification of their residency status along with a Residency Classification Appeal form. Students may appeal their residency classification decision by submitting a completed Residency Classification Appeal form along with any additional supporting documentation or personal statement. The student's case will be referred to the residency appeal committee for review. The residency appeal committee will render a final decision in writing to the student. Letters will also be issued for deferred decisions, should the committee request additional information.
Florida Residency for Tuition Purposes refers to whether you are an in-state Florida resident or an out-of-state resident, and this classification determines your tuition cost as defined by Florida state statute 1009.21 and the State Board of Education Rule 6A-10.044. Students are encouraged to review the following documents for additional information:
Applicants who have been accepted to an FAU Graduate Degree Program may submit residency documents by clicking the button below:
Please be advised using Safari web browser may cause errors in uploading required documents. The Graduate College recommends using another browser option when completing Florida declaration of residency.
Please contactgcresidency@fau.edufor more information or if you have difficulty accessing the residency portal.
All applicants must complete the Residency Classification for Tuition Purposes section of the application and submit the required documentation, regardless of the duration of their presence in Florida. A Florida resident for tuition purposes is defined as an individual who has resided in the state for 12 consecutive months while not enrolled in an institution of higher learning, prior to the beginning of classes, and who has established legal ties in Florida according to Florida Statute 1009.21.
Florida Legislature has recently implemented significant changes to Florida Statute 1009.21. For updated information, please visit here.
Students who are non-U.S. citizens must provide appropriate documentation from Immigration and Naturalization Services that designates their status while living in the United States. Resident alien cards (green cards), employment authorization cards, or Visas must be submitted at the time students submit their application. All documentation must be valid. Those applicants with expired paperwork must be referred to the Office of Immigration and Naturalization Services. All students who were previously classified as non-U.S. citizens and are now returning as U.S. citizens must submit proper documentation.
Please allow at least 10-14 business days for processing of any new, incoming residency documents. The residency evaluation process may, in some cases, take up to six weeks depending on the student's individual situation and the availability of requested documents.