Residence Information

Students enrolling in a West Virginia public institution of higher education shall be classified as resident or non-resident for admission, tuition, and fee purposes by the institutional officer designated by the President of the College. The decision shall be based upon information furnished by the student and all other relevant information. The Registrar is authorized to require such written documents, affidavits, verifications, or other evidence as are deemed necessary to establish the domicile of a student. The burden of establishing residency for tuition and fee purposes is upon the student. By interstate agreement, residents of Martin and Pike County, Kentucky may enroll at Southern West Virginia Community College and Technical College as resident students by providing appropriate documentation of established domicile within one of the designated counties.

If there is a question as to residence, the matter must be brought to the attention of the Registrar and decided upon prior to registration. False or misleading statements concerning residence shall be subject to disciplinary action and the person involved will be charged the non-resident fees for each session previously attended. Domicile within the State means adoption of the State as a fixed permanent home and involves personal presence within the State with no intent on the part of the person to return to another state or country. West Virginia domicile may be established upon the completion of at least twelve months of continued residence within the State prior to the date of registration, provided that such twelve months residency is not primarily for the purpose of attendance at any institution of learning in West Virginia.

Establishment of West Virginia domicile with less than twelve months residence, prior to the date of registration, must be supported by proof of positive and unequivocal action, such as, but not limited to, purchasing a West Virginia home, paying West Virginia property tax, filing West Virginia income tax returns, registering to vote in West Virginia and the actual exercising of such rights, registering of motor vehicles in West Virginia, possessing a valid West Virginia driver's license, and full-time employment within the State. Minors are defined by the West Virginia Code (2-2-10) as persons under eighteen years of age. The residence of a minor shall follow that of the parents at all times, except in extremely rare cases where emancipation can be proved beyond question. The residence of the father, or the residence of the mother, if the father is deceased, is the residence of the unmarried or emancipated minor. If the father and the mother have separate places of residence, the minor takes the residence of the parent with whom he or she lives or to whom he or she has been assigned by court order. The parents of a minor will be considered residents of West Virginia if their domicile is within the State.

An emancipated minor may be considered as an adult in determining residence, provided satisfactory evidence is presented that neither of his/her parents, if living, contribute to his/her support nor claim him/her as a dependent for federal or state income tax purposes.

In the event that the fact of emancipation is established, the emancipated minor assumes all of the responsibilities of an adult to establish residence for tuition and fee purposes. Proof must be provided that emancipation was not achieved principally for the purpose of establishing residence for attendance at an institution of higher education.

A student eighteen years of age or over may be classified as a resident if (1) the parents were domiciled in the State at the time the student reached majority and such student has not acquired a domicile in another state, or (2) as an adult the student has
established a bona fide domicile in the State of West Virginia. Bona fide domicile in West Virginia means that the student must not be in the State primarily to attend an educational institution and must be in the State for purposes other than to attempt to qualify for resident status.

A non-resident student, who reaches the age of eighteen while a student in any West Virginia educational institution, by virtue of such fact alone, does not attain residence in this State for admission or tuition and fee payment purpose.

An adult student who has been classified as an out-of-state resident and who seeks resident status in West Virginia must assume the burden of proving conclusively that he/she has established domicile in West Virginia with the intention of making his/her permanent home in the State. The intent to remain indefinitely in West Virginia is evidenced not only by a person's statements but also by his or her actions.

The residence of a married person is determined by the same rules of domicile which would apply if he or she were not married. An individual who is on active military service or an employee of the federal government may be classified as a resident for the purpose of payment of tuition and fees and provided that he/she established a domicile in West Virginia prior to entrance into federal service, entered the federal service from West Virginia, and has at no time in federal service claimed or established a domicile in another state.

An alien in the United States on a resident visa who has filed a petition for naturalization in the naturalization court, and who has established a bona fide domicile in West Virginia may be eligible for resident classification, provided he or she is in the State for any purpose other than to attempt to qualify for residency status as a student.

A person who was formerly domiciled in the State of West Virginia and who would have been eligible for an in-state residency classification at the time of his/her departure from the state may be immediately eligible for classification as a West Virginia resident provided such person returns to West Virginia within a one-year period of time and satisfies the conditions of Section 2 regarding proof of domicile and intent to remain permanently in West Virginia. The decision of the designated institutional officer charged with the determination of residency classification may be appealed to the Institutional Committee on Residency Appeals. The decision of the Institutional Committee on Residency Appeals may also be appealed to the President. The decision of the President is final.