Uniform State Residency
2015 Training
Residency Determination Service
(RDS)
Purpose, Scope, Guidelines and Timeline
Student Experience
Information Exchange with Colleges
Data Structure/Codes/Other Fields
CFNC Intersection
Discussion Issues
 Meets legislative requirements in Session Law 2013-360
Section 11.23(a) and 11.3(b)
 Offers
students convenient and intuitive
process to claim and document NC residency
 Allows students to use “one” residency determination for
admission applications to multiple NC colleges
 Provides timely residency determination to colleges in
support of admission process
 Establishes
grants
residency eligibility for NC state
 Provides a convenient “fast-track” for active duty military
 Provides consistent, equitable treatment of students
 Anticipated
Volume: 250,000-300,000 all
undergraduate residency determinations/year
across every college in NC
 Initial classifications for ALL undergraduate applicants:
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Active duty military personnel (spouses and dependents)
Students living with parent(s) or a legal guardian
Independent adults
Wards of the state
Permanent Resident/Conditional Green
Asylees, refugees, and those in Temporary Protected Status
Non-eligible immigrants
Homeless individuals
5 year rule
Guidance from State Residence Manual
Initial determination based on completed interview
process
 Student uploads, faxes, provides documentation to
RDS
 Review documentation as applicable
 Residency determination must be complete before
admission decision
 Colleges inform student of residency
determination when admitting the student
 CFI bills UNCGA, NCCCS, and NCICU, who
determine source of payment for RDS
 Special exceptions in law that provide nonresidents with in-state tuition – some assessed by
RDS; some handled at campus-level
 Tuition waivers handled at campus level
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 Rollout
of new statewide reclassification
application
Anticipated September 2015
For Spring 2016 applicants
 For
terms beginning January 2017
All undergraduate applicants’ initial classifications
from RDS
All undergraduate reclassifications handled by RDS
All undergraduate appeals handled by RDS
 Residency
determinations for graduate school
applicants is targeted 3-5 years out
Implement standard reclassification application for
2015-16
 Continue technical configurations for all residency
logic flows
 Work with state and federal agencies on data matches
 Prepare detail scope document for centralized
reclassification and appeals
 Develop communication, documentation and training
for campuses
 Work with IT staff at each system on data exchange
 Identify opportunities to standardize business
practices across systems
 Identify recommended legislative changes
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Residency Determination Service (RDS)
Student Experience
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Only students applying for admission and
reclassification use RDS
First-time admission
Transfer
Re-admission after gap in continuous enrollment
Reclassification
Students applying online through CFNC use RDS
 Students not using CFNC have a simple link to
RDS
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use any time during admission application process
(before, during or after submitting application)
Will not delay the admission application process
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Students can apply today, use online RDS
interview today, and have “initial classification” for
residency in “near real-time”
Residency Determination Service (RDS)
Student Experience
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RDS is seamless with CFNC CrossRoads application
Student signs in to CFNC (if already a participant)
Student uses “express” registration (if not CFNC
participant)
Student provides identifying information: SSN, ITIN, ARN
Student may be asked for certain confirming documents
such as:
Green card or other citizenship documents
Financial/tax documents
Marriage certificates
Military status or orders
Residency Determination Service (RDS)
Student Experience
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RDS presents a list of documents; student may:
Upload directly (simplest, fastest and easiest method)
Fax, mail or deliver to RDS (may delay validation of
information)
Scan at school and upload from a school “station”
Student has # of days to submit documents
Failure to submit = non-resident determinations
RDS uses a conversational interview (like TurboTax)
Student may stop, save, and return later to RDS interview
Student is NOT allowed to change data which has been
“confirmed” by student during the interview
Residency Determination Service (RDS)
Student Experience
 Student
may select email or text notifications
and reminders if necessary – or both (from RDS)
 Student can call CFNC call center for technical
help or with questions during RDS interview
 Student receives Residency Certification
Number (RCN) as proof student has completed
residency determination
Residency Determination Service (RDS)
Logic Flows for Interview
Residency Determination Service (RDS)
Logic Flows for Interview
Residency Determination Service (RDS)
Information Exchange with Colleges
Schools obtain RDS data via CFNC CrossRoads API &
CrossConnect
 Similar to pulling eTranscripts currently from CFNC
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RDS provides online inquiry portal to college staff
UNCGA IT and NCCCS IT developing support for
campuses
College downloads RDS determination information
 College stores information in ERP/admissions
system
 Admitting college tells student residency status
RDS does not disclose residency determination to
student
Residency Data includes:
Complies with UNC GA Student Data Mart
conventions
 Residency Certification Number (RCN):
confirms student completed residency
determination process
connects student’s residency determination to
admissions application and high school transcript
passes thru automatically for CFNC.org
applications
colleges using Common App or campus
admissions application accept RCN in admissions
application
does NOT contain student’s residency
determination
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Residency_Code Tuition_Code
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How to Interpret the Results
• applicant is legal NC resident
• pays in-state tuition rates and
• usually eligible for state grant
consideration
• applicant is NOT legal NC resident
• but qualifies for in-state tuition based
upon legal or approved exception
• applicant is NOT legal NC resident
• does not qualify for exception that
allows for in-state tuition
 Record
Type:
IC – Initial classification – inform timely admission
decision
VC – Validated classification – trust, but validate
before billing
RC – Reclassification
 Status Change Flag:
 Change in resident status from “record type” IC to VC
 Conflicting or uncorroborated information is found while
validating information from student’s residency interview
 Student’s residency status changes from resident to nonresident on the VC record
 The school must notify the student of this critical change
What is the relationship and why is it important?
Residency
Determination
Service (RDS)
 RDS is authoritative source of
residency determination
 CFNC provides online inquiry for schools to
obtain RDS information via CFNC CrossRoads
API & via CrossConnect
 Similar to how eTranscripts are currently
processed through CFNC
New CFNC
CrossRoads
Admission
Application Suite
Residency Determination Service (RDS)
Questions
Are out-of-state prospective students
required to go through the residency
process? Could out-of-state students
simply “opt out”?
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How will colleges explain decisions made by RDS?
What access will colleges have to RDS data and
documents?
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What type of audit file will exist when the
residency code or tuition code are
changed? How is this tracked?
What about manual applications for correctional
system inmates or for students on campus who
have difficulty with “on-line,” or with English, or
with completing this type of process?
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To aid University and Community College
and university administrators in classifying a
student’s residency for tuition purposes.
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To aid University and Community College and
university administrators in classifying a
student’s residency for tuition purposes.
To guide independent colleges and
universities in this state in determining the
number of North Carolina students on their
campuses for which they are eligible to
receive state funding.
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To aid University and Community College and
university administrators in classifying a
student’s residency for tuition purposes.
To guide independent colleges and
universities in this state in determining the
number of North Carolina students on their
campuses for which they are eligible to
receive state funding.
To assist students and families in
understanding the law and policies related to
residence for tuition purposes.
1. Residence and Domicile are NOT the same –
it is the student’s domicile that determines
whether the student is eligible for in-state
tuition.
1. Residence and Domicile are NOT the same –
it is the student’s domicile that determines
whether the student is eligible for in-state
tuition.
2. To be eligible for in-state tuition, state law
generally requires a student to have
established domicile in North Carolina for
12 consecutive months.
1. Residence and Domicile are NOT the same –
it is the student’s domicile that determines
whether the student is eligible for in-state
tuition.
2. To be eligible for in-state tuition, state law
generally requires a student to have
established domicile in North Carolina for
12 consecutive months.
3. A student’s domicile is generally presumed
to be that of his or her parents.
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The initial residency for tuition purposes determination
is completed a part of the application for admissions to
a college or university.
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The initial residency for tuition purposes determination
is completed a part of the application for admissions to
a college or university.
The residency reclassification process is in response to
the initial classification or to changes in circumstances.
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The initial residency for tuition purposes determination is
completed a part of the application for admissions to a
college or university.
The residency reclassification process is in response to the
initial classification or to changes in circumstances.
Except for deadlines set out in General Statutes, UNC Board
policy, or SBCC Code, the deadline to submit the
reclassification application along with all supporting
documentation cannot be later than the 10th business day of
the term for which the student is seeking residency
reclassification.
Institutions may set their own deadlines so long as they are
not inconsistent with these deadlines stated in the Manual.
Supporting Documentation
Evidence of North Carolina domicile for tuition purposes includes
actions that would normally be characteristic and expected of any
permanent resident.
Supporting Documentation
Evidence of North Carolina domicile for tuition purposes includes
actions that would normally be characteristic and expected of any
permanent resident.
Domicile information – lease or rental agreement (if renting) or warranty
deed if purchasing
Supporting Documentation
Evidence of North Carolina domicile for tuition purposes includes
actions that would normally be characteristic and expected of any
permanent resident.
Domicile information – lease or rental agreement (if renting) or warranty
deed if purchasing
Financial information – tax return(s) (federal & state)
Supporting Documentation
Evidence of North Carolina domicile for tuition purposes includes
actions that would normally be characteristic and expected of any
permanent resident.
Domicile information – lease or rental agreement (if renting) or warranty
deed if purchasing
Financial information – tax return(s) (federal & state)
Acts of residency – such as vehicle registration, voter registration,
driver’s license
Supporting Documentation
Evidence of North Carolina domicile for tuition purposes includes
actions that would normally be characteristic and expected of any
permanent resident.
Domicile information – lease or rental agreement (if renting) or warranty
deed if purchasing.
Financial information – tax return(s) (federal & state)
Acts of residency – such as vehicle registration, voter registration,
driver’s license
Employment information
Supporting Documentation
Evidence of North Carolina domicile for tuition purposes includes
actions that would normally be characteristic and expected of any
permanent resident.
Domicile information – lease or rental agreement (if renting) or warranty
deed if purchasing.
Financial information – tax return(s) (federal & state)
Acts of residency – such as vehicle registration, voter registration,
driver’s license
Employment information
Citizenship or immigration status
Supporting Documentation
Evidence of North Carolina domicile for tuition purposes includes
actions that would normally be characteristic and expected of any
permanent resident.
Domicile information – lease or rental agreement (if renting) or warranty
deed if purchasing.
Financial information – tax return(s) (federal & state)
Acts of residency – such as vehicle registration, voter registration,
driver’s license
Employment information
Citizenship or immigration status (if applicable)
Parent information
Supporting Documentation
Evidence of North Carolina domicile for tuition purposes includes
actions that would normally be characteristic and expected of any
permanent resident.
Domicile information – lease or rental agreement (if renting) or warranty
deed if purchasing.
Financial information – previous year’s tax return (federal & state)
Acts of residency – such as vehicle registration, voter registration,
driver’s license
Employment information
Citizenship or immigration status (if applicable)
Parent information ….the legal residence of parent(s) or legal guardian
shall be prima facie evidence of the individual's legal residence, which
may be reinforced or rebutted relative to the age and general
circumstances of the individual.
 It
must be shown that:
The person abandoned the first
domicile with the intention not to
return to it
And
 It
must be shown that:
The person abandoned the first
domicile with the intention not to
return to it
And
The person established a new
domicile with the intention of making
the new residence a permanent home
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In most cases it requires 12 months of
uninterrupted domicile in North Carolina
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In most cases it requires 12 months of
uninterrupted domicile in North Carolina
With minors the inquiry starts with the
parents or legal guardian
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In most cases it requires 12 months of
uninterrupted domicile in North Carolina
With minors the inquiry starts with the
parents or legal guardian
Once a student is 18, they have the legal
capacity to establish their own domicile
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In most cases it requires 12 months of
uninterrupted domicile in North Carolina
With minors the inquiry starts with the
parents or legal guardian
Once a student is 18, they have the legal
capacity to establish their own domicile
The classifier looks at the domicile of the
living parent(s) or legal guardian as prima
facie evidence. Student may rebut or reinforce
this legal presumption
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Does the student have capacity to establish
residence? Are they 18, are they independent?
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Does the student have capacity to establish
residence? Are they 18, are they independent?
There are numerous factors to review and
consider as a whole. The classifier is advised
to look at actions more than personal
statements and emotional appeals
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Does the student have capacity to establish
residence? Are they 18, are they independent?
There are numerous factors to review and
consider as a whole. The classifier and appeal
boards are advised to look at actions more
than personal statements and emotional
appeals
Do not consider statements of intent to do
things in the future. Look at current actions.
What actions did the student
take to establish domicile
What actions did the student
take to establish domicile
When did the student complete
these actions
What actions did the student
take to establish domicile
When did the student complete
these actions
Why the student performed such
actions
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Domicile is with the parent who claims the
child as a dependent for tax purposes (parent
must also be a legal resident of North
Carolina to be classified as in-state)
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Domicile is with the parent who claims the
minor as a dependent for tax purposes
(parent must also be a legal resident of North
Carolina to be classified as in-state)
If the NC parent has met the legal resident
requirements and claims the minor as a
dependent for NC tax purposes, then the
child’s domicile is with the NC Parent – even if
the child’s domicile is less than 12 months.
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Domicile of a Minor (under 18)
Minor with a Divorced or Separated Parents
After the Minor Turns 18
Emancipated Minors
Wards of the State
Homeless
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Based upon common law, it is “presumed”
that a minor is dependent upon their
parent(s) for domicile
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Based upon common law, it is “presumed” that a
minor is dependent upon their parent(s) for
domicile
If one parent is deceased, then the domicile is of
the surviving parent
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Based upon common law, it is “presumed” that a
minor is dependent upon their parent(s) for
domicile
If one parent is deceased, then the domicile is of
the surviving parent
If the minor is an orphan - with no legal guardian
- domicile is the same as the person they live
with
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Based upon common law, it is “presumed” that a
minor is dependent upon their parent(s) for
domicile
If one parent is dead, then the domicile is of the
surviving parent
If the minor is an orphan - with no legal guardian
- domicile is the same as the person they live
with
Otherwise, their domicile is the one last
established by parent or legal guardian (court
appointed “guardian of the person” or “general
guardian”)
In North Carolina the rule includes:
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Under the age of 18 but not under the age of 16
In North Carolina the rule includes:
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Under the age of 18 but not under the age of 16
Legally considered a legal adult
In North Carolina the rule includes:
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Under the age of 18 but not under the age of 16
Legally considered a legal adult
Established by decree from district court judge in
the minor’s county of residence
In North Carolina the rule includes:
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Under the age of 18 but not under the age of 16
Legally considered a legal adult
Established by decree from district court judge in
the minor’s county of residence
The person is married
In North Carolina the rule includes:
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Under the age of 18 but not under the age of 16
Legally considered a legal adult
Established by decree from district court judge in
the minor’s county of residence
The person is married
To make claim, the student must show legal
evidence of decree and all other information
related to a claim of domicile
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Have student produce the court order, decree
of emancipation, or other evidence that is
legally valid in that state
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Have student produce the court order, decree
of emancipation, or other evidence of that is
legally valid in that state
May seek legal review of the decree
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Have student produce the court order, decree
of emancipation, or other evidence of that is
legally valid in that state
May seek legal review of the decree
Look at the application as you would for any
other independent student, regardless of
their age
A person defined under federal law as a “qualifying
child” or “qualifying relative” for income tax
purposes.
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To claim someone as a dependent, the
dependent must have legal status in this country,
Canada, or Mexico for some part of the year.
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A spouse is never a dependent.
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IRS regulations should be consulted!
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To be a dependent for income tax purposes,
specific requirements for the following factors
must be satisfied:
◦ Relationship, Age, Residence, Level of Support
and Tax filing status
“Who Can I Claim as a Dependent?” (IRS online worksheet)
http://www.irs.gov/uac/Who-Can-I-Claim-as-a- Dependent%3F
IRS Personal Exemptions and Dependents Publication 17 (2014),
Your Federal Taxes, Section 3
http://www.irs.gov/publications/p17/ch03.html
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A student may still be financially dependent
on his or her parents even if the parents don’t
claim the student as a dependent for income
tax purposes.
Financial independence must be established
as part of the residence classification
process.
A person who is legally entitled to claim, and in
fact does claim, himself or herself on income tax
returns, is not claimed by another person as a
dependent on that person’s income tax return, and
possesses sufficient funds to live and pay tuition
and fees at the person’s current residence
classification without outside financial assistance.
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Generally, students who are financially dependent
on parents who are not domiciled in North
Carolina will not be eligible for in-state tuition.
A student may still be financially dependent on
his or her parents even if the parents don’t claim
the student as a dependent for income tax
purposes.
Failure to claim a student as a dependent for
income tax purposes does not automatically
make the student “financially independent” from
his or her parents.
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Factors relevant to determining whether a
student is “independent” include:
◦ Employment, income, & assets
◦ Level of financial support from parents
◦ Level of outside financial assistance from other
sources
◦ Status for financial aid purposes
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There is no “independence checklist” – each
application must be considered on its own
merit.
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A trust is a legal relationship in which one person (qualified
trust company or trustee) holds property for the benefit of
another (beneficiary).
Often established by one person for the benefit of himself
or of another. In these cases, it generally involves at least
three people: the grantor (the person who creates the trust,
also known as the settlor or donor), the trustee (who holds
and manages the property for the benefit of the grantor
and others), and one or more beneficiaries (who are
entitled to the benefits).
It may be helpful to think of a trust as a contract between
the grantor and the trustee.
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GRAT (Grantor Retained Annuity Trust
Revocable
Irrevocable
Asset Protection
Charitable
Constructive
Special Needs Trust
Spendthrift Trust
Tax by pass Trust
Totten Trust
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GRAT (Grantor Retained Annuity Trust)
Revocable
Irrevocable
Asset Protection
Charitable
Constructive
Special Needs Trust
Spendthrift Trust
Tax By Pass Trust
Totten Trust
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GRAT (Grantor Retained Annuity Trust)
A grantor retained annuity trust (GRAT) is a useful strategy
to shift wealth from one generation to the next with little risk
and typically little or no gift tax.
A grantor creates a GRAT by transferring assets into an
irrevocable trust while retaining the right to receive an annual
payment known as an annuity.
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Revocable Trust
Revocable Trusts are created during the lifetime of the
donor and can be altered, changed, modified or revoked
Irrevocable Trusts
An Irrevocable Trust is one which cannot be altered,
changed, modified or revoked after its creation. Once a
property is transferred to an Irrevocable Trust, no one,
including the donor, can take the property out of the
Trust.
Basic Descriptions of Trusts
Trusts Cheat Sheet
https://www.everplans.com/articles/trusts-cheat-sheet
All You Need To Know About Trusts
https://www.everplans.com/articles/all-you-need-to-knowabout-trusts
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The McKinney-Vento Homeless Assistance Act of 1986 is a
federal law that provides money for homeless shelter programs.
"Homeless" children are also entitled to the protections of the
McKinney-Vento Act.
The McKinney-Vento Act defines homeless children as
"individuals who lack a fixed, regular, and adequate nighttime
residence." The act provides examples of children who would fall
under this definition:
Children sharing housing due to economic hardship or loss of
housing;
Children living in "motels, hotels, trailer parks, or camp grounds
due to lack of alternative accommodations"
Children living in "emergency or transitional shelters"
Children "awaiting foster care placement"
Children whose primary nighttime residence is not ordinarily
used as a regular sleeping accommodation (e.g. park benches,
etc)
Children living in "cars, parks, public spaces, abandoned
buildings, substandard housing, bus or train stations…"
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Wards are orphans or other children who have
been placed in the custody of the state
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Wards are orphans or other children who have
been placed in the custody of the state
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Wards are orphans or other children who have
been placed in the custody of the state
Wards (age 17-23) who were a ward as of 18
in North Carolina, are eligible for a tuition
waiver at both university and community
colleges if
◦ They are a resident of the state
◦ Eligible for services under Chaffee Education and
Training Vouchers Program
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The state General Assembly has decided by law
that if the student has lived in North Carolina for
five consecutive years immediately prior to
enrolling or registering at an institution of higher
education, the domicile of the student’s parent(s)
is not presumed to be the student’s domicile,
even if the applicant is a minor.

The NC General Assembly has decided by law
that if the student has lived in North Carolina for
five consecutive years immediately prior to
enrolling or registering at an institution of higher
education, the domicile of the student’s parent(s)
is not presumed to be the student’s domicile,
even if the applicant is a minor.
Domicile is determined based on the information
supplied by the student with no statutory
presumption in favor of any particular piece of
evidence
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If the student has lived in North Carolina for five
consecutive years immediately prior to enrolling
or registering at an institution of higher
education with an adult relative, other than a
parent, and that adult relative is domiciled in
North Carolina and has served as a de facto
guardian for that minor child
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If the student has lived in North Carolina for five
consecutive years immediately prior to enrolling
or registering at an institution of higher
education with an adult relative, other than a
parent, and that adult relative is domiciled in
North Carolina and has served as a de facto
guardian for that minor child thenThe minor child is given the benefit of “resident
status for tuition purposes” (not legal residence
or domicile) for immediate enrollment the next
term in question
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The child may have lived with more than one
adult relative over the five years
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The child may have lived with more than one
adult relative over the five years
It does not require financial support, just
actual care
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The child may have lived with more than one
adult relative over the five years
It does not require financial support, just
actual care
Once the child turns 18 they have legal
residency in North Carolina on their own and
can retain it as long as they do not abandon
the state
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Tuition Waiver
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Survivors of Deceased Law Enforcement/ Emergency Workers.
available to the surviving spouse and children of a law enforcement
officer (including sheriffs), firefighter, volunteer firefighter or rescue squad
worker who was killed as a direct result of a traumatic injury sustained in
the line of duty (including both active service and training for active duty).

Families of Disabled Law Enforcement/Emergency Workers.
available to the spouses and children of law enforcement officers
(including sheriffs), firefighters, volunteer firefighters, or rescue
squad workers who are permanently and totally disabled as a
direct result of a traumatic injury sustained in the line of duty
(including both active service and training for active service).
Non-Military Federal Personnel,
Volunteers, and Missionaries
Non-Military Federal Personnel, Volunteers, and Missionaries
Federal employees may establish domicile for themselves and their
dependents by the usual requirements of residential acts plus intent.
Non-Military Federal Personnel, Volunteers, and Missionaries
Federal employees may establish domicile for themselves and their
dependents by the usual requirements of residential acts plus intent.
Individuals employed by federal agencies such as the United States Foreign
Service, State Department, and volunteers with government agencies such
as the Peace Corps must establish and maintain domicile for tuition purposes
under the general rules of domicile.
Non-Military Federal Personnel, Volunteers, and Missionaries
Federal employees may establish domicile for themselves and their
dependents by the usual requirements of residential acts plus intent.
Individuals employed by federal agencies such as the United States Foreign
Service, State Department, and volunteers with government agencies such
as the Peace Corps must establish and maintain domicile for tuition purposes
under the general rules of domicile.
Similarly, individuals who participate in programs such as Teach for America
or who are missionaries affiliated with religious organizations may establish
domicile in this state and maintain that domicile during their absence.
Non-Military Federal Personnel, Volunteers, and Missionaries
Federal employees may establish domicile for themselves and their
dependents by the usual requirements of residential acts plus intent.
Individuals employed by federal agencies such as the United States Foreign
Service, State Department, and volunteers with government agencies such
as the Peace Corps must establish and maintain domicile for tuition purposes
under the general rules of domicile.
Similarly, individuals who participate in programs such as Teach for America
or who are missionaries affiliated with religious organizations may establish
domicile in this state and maintain that domicile during their absence.
There is not, however, a specific statutory provision under North Carolina law
that grants special residence status for tuition purposes for federal personnel,
Volunteers, missionaries or Teach for America.
Members of the Armed Forces
and their families
Members of the Armed Forces and Their Families
Active duty personnel in the armed services, and their spouses, dependent
children and dependent relatives may be eligible for in-state tuition. If they
qualify for admission, they may qualify for in-state tuition in two ways:
Members of the Armed Forces and Their Families
Active duty personnel in the armed services, and their spouses, dependent
children and dependent relatives may be eligible for in-state tuition. If they
qualify for admission, they may qualify for in-state tuition in two ways:
As a domiciliary of the State
Members of the Armed Forces and Their Families
Active duty personnel in the armed services, and their spouses, dependent
children and dependent relatives may be eligible for in-state tuition. If they
qualify for admission, they may qualify for in-state tuition in two ways:
As a domiciliary of the State
OR
Under a special provision of North Carolina and federal law requiring
that non-resident active duty military personnel and their eligible
family members be charged in-state tuition.
Members of the Armed Forces and Their Families
A North Carolina domiciliary does not lose in-state status
simply by joining the armed services or by being assigned
outside North Carolina by the military.
Members of the Armed Forces and Their Families
A North Carolina domiciliary does not lose in-state status
simply by joining the armed services or by being assigned
outside North Carolina by the military.
As a domiciliary of the State the service member generally
enlists from North Carolina and maintains North Carolina as
their state of legal residence while in active status. The legal
state of residence can be verified with copies of the active
service member’s Leave and Earnings Statement (a.k.a. LES)
along with other usual supporting documentation.
Members of the Armed Forces and Their Families
A North Carolina domiciliary does not lose in-state status
simply by joining the armed services or by being assigned
outside North Carolina by the military
As a domiciliary of the State the service member generally
enlists from North Carolina and maintains North Carolina as
their state of legal residence while in active status. The legal
state of residence can be verified with copy of the active service
member’s Leave and Earnings Statement (a.k.a. LES) along with
other usual supporting documentation.
The domiciled active duty member who is assigned outside of
North Carolina has the burden of proving that North Carolina
residency has been maintained by providing documentation in
support of that claim.
Members of the Armed Forces and Their Families
Recent federal law allows the spouses of military personnel to
retain legal residency (domicile) in the spouse’s home state
for voting and tax purposes after relocating from that state to
accompany the military member. Being able to retain legal
residency for voting and tax purposes may make it easier for
the spouse to retain domicile status in his or her home state.
Under a Special Provision of North Carolina and Federal Law
or G.S. 116-143.3
The service member’s permanent duty station must be in North Carolina as
of the first day of the semester or term for which the in-state tuition
benefit is requested.
Under a Special Provision of North Carolina and Federal Law
or G.S. 116-143.3
The service member’s permanent duty station must be in North Carolina as
of the first day of the semester or term for which the in-state tuition
benefit is requested.
Eligibility is confirmed by a letter (on military letterhead) from the service
member’s commanding officer or personnel officer indicating the
following information:
Under a Special Provision of North Carolina and Federal Law
or G.S. 116-143.3
The service member’s permanent duty station must be in North Carolina as
of the first day of the semester or term for which the in-state tuition
benefit is requested.
Eligibility is confirmed by a letter (on military letterhead) from the service
member’s commanding officer or personnel officer indicating the
following information:
Name of service member
Under a Special Provision of North Carolina and Federal Law
or G.S. 116-143.3
The service member’s permanent duty station must be in North Carolina as
of the first day of the semester or term for which the in-state tuition
benefit is requested.
Eligibility is confirmed by a letter (on military letterhead) from the service
member’s commanding officer or personnel officer indicating the
following information:
Name of service member
Confirmation of active status
Under a Special Provision of North Carolina and Federal Law
or G.S. 116-143.3
The service member’s permanent duty station must be in North Carolina as
of the first day of the semester or term for which the in-state tuition
benefit is requested.
Eligibility is confirmed by a letter (on military letterhead) from the service
member’s commanding officer or personnel officer indicating the
following information:
Name of service member
Permanent duty station location
Confirmation of active status
Under a Special Provision of North Carolina and Federal Law
or G.S. 116-143.3
The service member’s permanent duty station must be in North Carolina as
of the first day of the semester or term for which the in-state tuition
benefit is requested.
Eligibility is confirmed by a letter (on military letterhead) from the service
member’s commanding officer or personnel officer indicating the
following information:
Name of service member
Confirmation of active status
Permanent duty station location
Any pending discharge information
If a non-domiciled active duty member of the armed services or eligible
family member qualifies for the instate tuition rate and his or her
military status changes, the following rules apply:
If a non-domiciled active duty member of the armed services or eligible
family member qualifies for the instate tuition rate and his or her
military status changes, the following rules apply:
Reassignment. If the active duty member is reassigned to a military
base or installation outside of North Carolina, the service member and
his or her spouse and dependent relatives will continue to be eligible
for the in-state tuition rate as long as the service member, spouse, or
dependent is continuously enrolled in the degree or other program in
which they were enrolled at the time of reassignment. The service
member’s dependent must continue to be a dependent to qualify for
the benefit.
If a non-domiciled active duty member of the armed services or eligible
family member qualifies for the instate tuition rate and his or her
military status changes, the following rules apply:
Reassignment. If the active duty member is reassigned to a military
base or installation outside of North Carolina, the service member and
his or her spouse and dependent relatives will continue to be eligible
for the in-state tuition rate as long as the service member, spouse, or
dependent is continuously enrolled in the degree or other program in
which they were enrolled at the time of reassignment. The service
member’s dependent must continue to be a dependent to qualify for
the benefit.
Retirement. If the active duty member retires, the service member and
his or her spouse and dependent relatives will continue to be eligible
for the in-state tuition rate as long as they remain continuously
enrolled in the degree or other program in which they were enrolled
at the time of retirement. The service member’s dependent must
continue to be a dependent to qualify for the benefit.
Honorable Discharge. If the active duty member receives an Honorable
Discharge (no other type of discharge will qualify), the service member
is eligible for the in-state rate if he or she establishes legal residency in
North Carolina within thirty days of discharge and is continuously
enrolled in the degree or other program in which he or she was enrolled
at the time of Honorable Discharge. A dependent relative of an
honorably discharged service member must establish legal residency
within thirty days after the discharge, remain continuously enrolled in
the degree or other program in which the dependent was enrolled at
the time of discharge, and remain a dependent of the service member
who is honorably discharged to continue to be eligible for the in-state
rate.
North Carolina National Guard
Any member of the North Carolina National Guard, regardless of whether
the person is a legal resident of North Carolina, is eligible for in-state
tuition rate during the Guard member’s period of service whether in a
reserve or active status.
North Carolina National Guard
Any member of the North Carolina National Guard, regardless of whether
the person is a legal resident of North Carolina, is eligible for in-state
tuition rate during the Guard member’s period of service whether in a
reserve or active status.
The in-state tuition benefit does not apply to the spouses or dependents
of non-resident Guard members unless the Guard member is serving in
North Carolina on active duty.
North Carolina National Guard
Any member of the North Carolina National Guard, regardless of whether
the person is a legal resident of North Carolina, is eligible for in-state
tuition rate during the Guard member’s period of service whether in a
reserve or active status.
The in-state tuition benefit does not apply to the spouses or dependents
of non-resident Guard members unless the Guard member is serving in
North Carolina on active duty.
Military reservists (other than those of the North Carolina National
Guard) must be on active duty to qualify for the in-state tuition benefit.
North Carolina National Guard
Any member of the North Carolina National Guard, regardless of whether
the person is a legal resident of North Carolina, is eligible for in-state
tuition rate during the Guard member’s period of service whether in a
reserve or active status
The in-state tuition benefit does not apply to the spouses or dependents
of non-resident Guard members unless the Guard member is serving in
North Carolina on active duty.
Military reservists (other than those of the North Carolina National
Guard) must be on active duty to qualify for the in-state tuition benefit.
Supporting documentation must include a copy of the member’s
enlistment documents showing the member’s name, home of record,
place of enlistment, date of enlistment and length of time of enlistment
commitment.
Veteran Choice Act of 2014
proposed
Veteran. – A person who served active duty for not less than 90 days in
the Armed Forces, the Commissioned Corps of the U.S. Public Health
Service, or the National Oceanic and Atmospheric Administration and
who was discharged or released from such service under conditions other
than dishonorable.
(1) The veteran applies for admission to the institution of higher education
and enrolls within three years of the veteran's discharge or release from
the Armed Forces, the Commissioned Corps of the U.S. Public Health
Service, or the National Oceanic and Atmospheric Administration.
(2) The veteran qualifies for and uses educational benefits pursuant to 38
U.S.C. Chapter 30 (Montgomery G.I. Bill Active Duty Education Assistance
Program) or 38 U.S.C. Chapter 33 (Post-9/11 Educational Assistance), as
administered by the U.S. Department of Veterans Affairs.
(3) The veteran's abode is North Carolina
(4) The veteran provides the institution of higher education at which the
veteran intends to enroll a letter of intent to establish residence in North
Carolina.
(c) Eligibility of Other Individuals Entitled to Federal Educational Benefits
Under 38 3 U.S.C. Chapter 30 or 38 U.S.C. Chapter 33. – Any person who is
entitled to federal educational benefits under 38 U.S.C. Chapter 30 or 38 U.S.C.
Chapter 33 is also eligible to be charged the in-State tuition rate and applicable
mandatory fees for enrollment without satisfying the 12-month residency
requirement under G.S. 116-143.1, if the person meets all of the following
criteria:
(1) The person qualifies for admission to the institution of higher education as
defined in G.S. 116-143.1(a)(3) and enrolls in the institution of higher
education within three years of the veteran's discharge or release from the
Armed Forces, the Commissioned Corps of the U.S. Public Health Service, or
the National Oceanic and Atmospheric Administration.
(2) The person is the recipient of federal educational benefits pursuant to 38
U.S.C. Chapter 30 (Montgomery G.I. Bill Active Duty Education Assistance
Program) or 38 U.S.C. Chapter 33 (Post-9/11 Educational Assistance), as
administered by the U.S. Department of Veterans Affairs.
(3) The person's abode is North Carolina.
(4) The person provides the institution of higher education at which the person
intends to enroll a letter of intent to establish residence in North Carolina.
(d) Eligibility While Continuously Enrolled at the Same Institution of Higher
Education. – After enrollment in an institution of higher education, any veteran
entitled to federal educational benefits under 38 U.S.C. Chapter 30 or 38
U.S.C. Chapter 33 and any other individual entitled to federal educational
benefits under 38 U.S.C. Chapter 30 or 38 U.S.C. Chapter 33 who is eligible for
in-State tuition under this section shall continue to be eligible for the inState tuition rate so long as the covered individual remains continuously
enrolled (other than during regularly scheduled breaks between courses,
quarters, terms, or semesters) at that institution of higher education."
SECTION 2. G.S. 116-143.8 is repealed.
SECTION 3. This act becomes effective July 1, 2015, and applies to qualifying
veterans and other individuals entitled to federal educational benefits under 38
U.S.C. Chapter 30 or 38 U.S.C. Chapter 33 who are enrolled or who enroll in
institutions of higher education for any academic quarter, term, or semester
that begins on or after that date.
What is needed
DD-214
Certificate of Eligibility
NC residence
Letter of intent
Non-U.S. Citizens
Non-U.S. Citizens
Persons who are not U.S. citizens but who have certain visa and immigration
statuses that grant them the legal ability to establish and maintain a bona fide
domicile in this country are subject to the same considerations as U.S. citizens
in determining residence status for tuition purposes.
Non-U.S. Citizens
Persons who are not U.S. citizens but who have certain visa and immigration
statuses that grant them the legal ability to establish and maintain a bona fide
domicile in this country are subject to the same considerations as U.S. citizens
in determining residence status for tuition purposes.
First, determine the immigration status of the applicant based on the visa
category through evidence of either of the following:
Visa Classifications Eligible for Residence for Tuition Purposes
►A valid A-1, A-2, E-1, E-2, E-3, G-1, G-2, G-3, G-4, H-1B, H-1C, H-4, I, K-1,
K-2, K-3, K-4, L-1 A , L-1B,L-2, N, O-1, O-3, P-1, P-2, P-3, P-4, R-1, R-2, T-1,
T-2, T-3, T-4, T-5, U-1, U-2, U-3, U-4, U-5, V-1, V-2, V-3, NATO-1, NATO-2,
NATO-3, NATO-4, NATO-5, or NATO-6 visa status
Visa Classifications Eligible for Residence for Tuition Purposes
►A valid A-1, A-2, E-1, E-2, E-3, G-1, G-2, G-3, G-4, H-1B, H-1C, H-4, I, K-1,
K-2, K-3, K-4, L-1 A , L-1B,L-2, N, O-1, O-3, P-1, P-2, P-3, P-4, R-1, R-2, T-1,
T-2, T-3, T-4, T-5, U-1, U-2, U-3, U-4, U-5, V-1, V-2, V-3, NATO-1, NATO-2,
NATO-3, NATO-4, NATO-5, or NATO-6 visa status
Visa Classifications Eligible for Residence for Tuition Purposes con’t
►A pending Application to Adjust Status (Form I-485 receipt notice) and
an approved Immigrant Petition (Forms I-130, I-360, or I-140).
► One of the following:
(1) A Permanent Resident Card I-551; or
(2) A USCIS-issued notice of approval of Application to Adjust Status (I-485);
or
(3) A current Conditional Permanent Resident Card. (issued for 2 year period
only.)
A current Conditional Permanent Resident should be initially
classified non resident followed by receipt of the confirming
documentation - then for only the period of time for which the
Conditional Permanent Resident card was issued.
Visa Classifications Eligible for Residence for Tuition Purposes con’t
►A pending Application to Adjust Status (Form I-485 receipt notice) and
an approved Immigrant Petition (Forms I-130, I-360, or I-140).
► One of the following:
(1) A Permanent Resident Card I-551; or
(2) A USCIS-issued notice of approval of Application to Adjust Status (I-485);
or
(3) A current Conditional Permanent Resident Card. (issued for 2 year period
only.)
A current Conditional Permanent Resident should be initially
classified non resident followed by receipt of the confirming
documentation - then for only the period of time for which the
Conditional Permanent Resident card was issued.
Refugee or asylum status with approval documentation.
Visa Classifications Eligible for Residence for Tuition Purposes con’t
►A pending Application to Adjust Status (Form I-485 receipt notice) and
an approved Immigrant Petition (Forms I-130, I-360, or I-140).
► One of the following:
(1) A Permanent Resident Card I-551; or
(2) A USCIS-issued notice of approval of Application to Adjust Status (I-485);
or
(3) A current Conditional Permanent Resident Card. (issued for 2 year period
only.)
A current Conditional Permanent Resident should be initially
classified non resident followed by receipt of the confirming
documentation - then for only the period of time for which the
Conditional Permanent Resident card was issued.
Refugee or asylum status with approval documentation.
Temporary Protected Status (TPS) is an approved immigration status
eligible for consideration as a resident for tuition purposes.
Visa Classifications NOT Eligible for Residence for Tuition Purposes
Non-U.S. citizens present in the United States under certain visa statuses
such as tourists, visitors on business, and temporary foreign/international
students do not have the legal capacity to establish a bona fide domicile
in this country (and thus, not in North Carolina).
Visa Classifications NOT Eligible for Residence for Tuition Purposes
Non-U.S. citizens present in the United States under certain visa statuses
such as tourists, visitors on business, and temporary foreign/international
students do not have the legal capacity to establish a bona fide domicile
in this country (and thus, not in North Carolina).
B, C, D, F, J, M, Q, S, and TN visas (and dependent visas
for spouses and children such as a TD visa) cannot
establish domicile with these documents
Visa Classifications NOT Eligible for Residence for Tuition Purposes
Non-U.S. citizens present in the United States under certain visa statuses
such as tourists, visitors on business, and temporary foreign/international
students do not have the legal capacity to establish a bona fide domicile
in this country (and thus, not in North Carolina).
B, C, D, F, J, M, Q, S, and TN visas (and dependent visas
for spouses and children such as a TD visa) cannot
establish domicile with these documents
Employment Authorization Document (EAD) in and of itself, does not give the
EAD holder the legal capacity to establish residency for tuition purposes in
this state.
Deferred Action for Childhood Arrivals
(DACA)
Were born after June 15, 1981;
Arrived in the United States before the age of 16;
Have continuously resided in the United States since June 15, 2007, up to the
present time;
Were present in the United States on June 15, 2012;
Entered without inspection before June 15, 2012 or your lawful immigration status
expired as of June 15, 2012;
Are currently in school, graduated or received a certificate of completion from high
school, obtained a general educational development certificate (GED), or that you
are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces; and
Are at least 15 years of age at the time of filing, if never been in removal
proceedings or if their case was terminated before your request.
Deferred Action for Childhood Arrivals
(DACA)
Receive an Employment Authorization document (EDA card).
DACA students are not eligible for the resident tuition status.
Spousal Benefit
Spousal Benefit
The qualifying event (the wedding) must have occurred prior to the first day of
the term for which the in-state tuition rate is requested.
Qualification for this benefit is determined by information provided by the
applicant including the North Carolina resident spouse’s residency information
and legally valid marriage documentation.
Applicant may use the time in North Carolina for the North Carolina spouse to
meet the 12-month requirement for in state tuition.
If a person has been properly classified as a resident for tuition
purposes and enjoyed that status while enrolled at an institution
of higher education in this state, a change in that person’s state of
residence does not result in an immediate, automatic loss of
entitlement to the in-state tuition rate. Students in this situation
are allowed a “grace period” during which the in-state rate will
still be applicable even though the student is no longer a legal
resident of North Carolina. The grace period can apply under
certain circumstances both to currently enrolled students as well
as to students who are no longer enrolled or who have graduated.
Currently Enrolled Students
First, the student must have been properly classified as a resident for
tuition purposes and
Currently Enrolled Students
First, the student must have been properly classified as a resident for
tuition purposes and
At the time of change of legal residence to a state other than North
Carolina, the individual must have been enrolled in an institution of
higher education in North Carolina.
Currently Enrolled Students
First, the student must have been properly classified as a resident for
tuition purposes and
At the time of change of legal residence to a state other than North
Carolina, the individual must have been enrolled in an institution of
higher education in North Carolina.
A person whose change in legal residence occurred during a period
while not enrolled is not entitled to the benefit of the grace period.
Currently Enrolled Students
First, the student must have been properly classified as a resident for
tuition purposes and
At the time of change of legal residence to a state other than North
Carolina, the individual must have been enrolled in an institution of
higher education in North Carolina.
A person whose change in legal residence occurred during a period
while not enrolled is not entitled to the benefit of the grace period.
The grace period extends for 12 months from the date of the
change in legal residence, plus any portion of a semester or
academic term remaining at the time the change in legal residence
occurred.
Students Who Are No Longer Enrolled
The student must have been properly classified as a resident for tuition
purposes at the time the student ceased to be enrolled at or graduated
from an institution of higher education in this state, and
Students Who Are No Longer Enrolled
The student must have been properly classified as a resident for tuition
purposes at the time the student ceased to be enrolled at or graduated
from an institution of higher education in this state, and
Subsequently abandons his or her domicile in North Carolina and then
reestablishes domicile in this state within 12 months of
abandonment, the student may reenroll at an institution of higher
education in this state as a resident for tuition purposes without
having to satisfy the 12-month durational requirement so long as the
student continuously maintains his or her reestablished domicile in
North Carolina at least through beginning of the academic term for
which in-state tuition status is sought.
Students Who Are No Longer Enrolled
The student must have been properly classified as a resident for tuition
purposes at the time the student ceased to be enrolled at or graduated
from an institution of higher education in this state, and
Subsequently abandons his or her domicile in North Carolina and then
reestablishes domicile in this state within 12 months of
abandonment, the student may reenroll at an institution of higher
education in this state as a resident for tuition purposes without
having to satisfy the 12-month durational requirement so long as the
student continuously maintains his or her reestablished domicile in
North Carolina at least through beginning of the academic term for
which in-state tuition status is sought.
It is important to note that a student may benefit from this particular
grace period only once during his or her life.
Burden of Proof
It is the student’s responsibility to provide the documentation
necessary to support his or her claims for in-state residency for tuition
purposes by the applicable deadlines.
Proof must include documentation supporting the date of departure
from North Carolina and the date of return to North Carolina.
Erroneous Classification
and
Fraudulent Applications
Erroneous classification
 Residence determinations that are reversed on appeal by
the campus Residence Appeals Board or by the State
Residence Committee are erroneous classifications
Erroneous notices
 Incorrectly reporting an accurate, uncontested residence
determination
 Student held harmless for time period between incorrect notice
and receipt of certified letter explaining the error
Fraudulent applications
Residence application is fraudulent if:
1. Application based on falsified information concerning legal
residence or
2. A student knowingly withholds correct residential information
Fraudulent applications
For fraudulent applications, colleges shall:
1. Re-examine suspected fraudulent application and make resident
status re-determination;
2. Change residence status retroactively to the beginning of
semester where fraud took place, if warranted; and
3. Charge the student the difference between the in-state tuition
charged and the out-of-state tuition owed.

Individuals submitting fraudulent applications are subject to
disciplinary action, up to and including dismissal from the
institution
Criminal violation
 Willful misrepresentation or aiding the willful
misrepresentation of eligibility for the following tuition
waivers in Chapter 115B will result in a Class 3
Misdemeanor:
 Survivors of law enforcement officers, firefighters, volunteer
firefighters, or rescue squad workers killed in line of duty
 Spouses or children between 17 and 24 years old of law
enforcement officers, firefighters, volunteer firefighters, or rescue
squad workers disabled in line of duty
 Wards of the State between 17 and 24 years old
 Students enrolled in regional schools
Case Studies / Group Discussions
1:00 – 2:30
Five Year Rule / Split Families
Military / Immigration
Community College Exceptions
2:45 – 4:30
Five Year Rule / Split Families
Military / Immigration
Independent / Dependent
Breakout Room
Azalea Room
Sunflower Room
Grumman Auditorium
Breakout Room
Azalea Room
Sunflower Room
Grumman Auditorium