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36-Month Provision (formerly known as HB1403)
An individual who resided in Texas for the 36 consecutive months leading up to his or her graduation
from a Texas high school and continued to maintain a residence in Texas for the 12 months leading up to
his or her enrollment in an institution of higher education may be classified as a resident for tuition
purposes, regardless of dependency or immigration status. Any individual wishing to qualify under this
provision who is not a U.S. citizen or Permanent Resident of the United States must complete and submit an
Affidavit of Intent to Become a Permanent Resident to the Office of the
Registrar in addition to the Core Residency Questions.
***Students who do not meet the criteria of the 36-Month Provision may qualify for residency
according to one of the following:
Independent students:
Independent students are those who provide more than half of their own financial support and are not eligible to
be claimed as a dependent for income tax purposes. In order to qualify for residency for tuition purposes, an
independent student must reside in Texas while doing one of the following for the twelve consecutive months
preceding the student’s enrollment:
- Own a home in Texas
- Own a business in Texas
- Be professionally licensed to practice or conduct business in the State of Texas
- Be gainfully employed in a position not related to student status. Student worker positions,
internships, and graduate assistantships may not be used as a basis for establishing residency in Texas.
- Be married to a Texas resident.
Dependent students:
The residency for tuition purposes of a student who is not independent is based upon that of the parent or
court-appointed legal guardian who claims that student as a dependent or provides more than half that student’s
financial support, regardless of the length of time the student has resided in Texas. If the parent or
court-appointed legal guardian of a dependent student meets the criteria of having established residency
for tuition purposes, the dependent student is eligible to pay resident tuition. Parents and legal
guardians qualify for residency following the same criteria as independent students.
Waivers & Exemptions:
Students who do not meet any of the above criteria for establishing residency for tuition purposes may
still be eligible to pay the resident tuition rate. Please contact Student Business Services at
979-845-8127 or see
http://finance.tamu.edu/sbs/tuition/waivers_exemptions.asp for more details.
Application
Students apply for residency by completing the Core Residency Question form. Students who are
not U.S. citizens must also submit documentation of their immigration status (and that of their
parent if they are a dependent). Students with special circumstances related to their claim of
residency may submit any additional documentation they wish to have considered in their application
for resident status.
Deadlines
Students who wish to apply for eligibility to pay resident tuition must do so by the twelfth class
day of the fall or spring semester or the fourth class day of the summer semester in which they wish
to pay resident tuition. Any applications received by the Office of the Registrar after this time
will be considered for the next term.
Questions
For further information regarding residency for tuition purposes, please contact the Office
of the Registrar at 979-845-1031.
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