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Student Accounts Home |New York State Residency | New York State Residency

New York State Residency Status for Tuition Billing Purposes University at Albany Application Guidelines

Statement of SUNY Board of Trustees Policy:

A person whose domicile has been in the State of New York for a period of at least one year immediately preceding the time of registration for any period of attendance shall be a New York resident for the purpose of determining the tuition rate payable for such period. All other persons shall be presumed to be out-of-state residents for such purpose, unless domiciliary status is demonstrated in accordance with guidelines adopted by the Chancellor or designee.


Definition of Domicile:

(a) For unemancipated students, the domicile is that of his or her parents or other legal guardian. An unemancipated student of divorced or legally separated parents will acquire a New York State domicile if the custodial parent is a New York resident, or if the student resides with a non-custodial parent and the student intends to continue to reside with that parent throughout his or her attendance at the University.

(b) For emancipated students, a domicile is a fixed, permanent home to which the student intends to return whenever absent. A person may have many residences but only one domicile. A domicile is retained until it is abandoned and another established. One does not acquire a New York State domicile by being physically present in New York for the sole purpose of attending the University, or by simply being physically present in New York for a period of twelve months.


Exceptions to the Domicile Rule:

(a) Members of the U.S. Armed Forces who document that they are on full-time active duty and are stationed in New York shall be charged in-state tuition regardless of the actual location of their domicile. Spouses and dependents shall also be charged in-state tuition.

(b) Dependents of a parent or legal guardian who is a member of the U.S. Armed Forces who is stationed out-of-state shall be charged in-state tuition provided that the parent or legal guardian submits proof of a New York State domicile -- referred to as a "Home of Record". Such records are on file at the person's military base.


Duration of Residence:

Students who have maintained a domicile in New York for less than 12 months shall be presumed to be out-of-state residents. Such students may rebut this presumption by presenting sufficient evidence to prove that they have made New York their fixed, permanent, and principal home. For example, a student (or parent in the case of unemancipation) who moves permanently to New York State for employment, rather than for the sole purpose of attending the University, may be able to successfully rebut the presumption of out-of-state residence prior to completing the usual 12-month duration of residence.


Domicile and Immigrant/Non-Immigrant Aliens:

Immigrant aliens (Permanent Residents), Refugees and Asylees, including those with pending applications, may establish in-state residence in accordance with these policies. Undocumented aliens may not establish in-state residence under these policies. Non-Immigrant Aliens with the following types of visa classifications may also establish in-state residence in accordance with these policies: A1-A3, E1 and E2, G1 - G5, H1 (and H4 spouse and children of H1), I, K1 and K4, L1 and L2, N8 and N9, O1 (and O3 spouse and children of O1), S5-S7, T1-T4, U1-U4, and V1-V3.


Residency Applications:

Applications for New York State Residency Status for Tuition Billing Purposes should be completed by

(a) students admitted to the University as out-of-state students who wish to appeal that initial determination,

(b) students previously classified as out-of-state students and who wish to apply for a change in that classification (e.g., after maintaining a domicile in New York for at least 12 months, after obtaining a qualifying visa classification, etc.), and

(c) students for whom the University seeks to verify a claim of residency. Note: any student who fails to complete the residency application including the submission of all supporting documentation, after being requested to do so will be charged out-of-state tuition. Applications for New York State Residency Status for Tuition billing Purposes must be RECEIVED in the Office of Student Accounts (Campus Center 26) by the close of business on the midterm date of a semester in order to be considered for residency status for that semester. Failure to submit an application by that date will result in full liability for tuition at the non-New York State resident tuition rate.

Click here for Factors Relevant to Domicile and Emancipation.


Application Deadline:

Applications for New York State Residency Status for Tuition Billing Purposes must be RECEIVED in the Office of Student Accounts (Campus Center 26) by the close of business on the midterm date of a semester, session, or module in order to be considered for residency status for that semester. Failure to submit an application by that date will result in full liability for tuition at the non-NYS resident tuition rate for that semester, session, or module.


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