New Mexico Residency for In-State Tuition Purposes
The rules and regulations for establishing residency for tuition purposes are defined by the New Mexico Commission on Higher Education which is authorized by the Constitution of the State of New Mexico and the state statutes (chapter 235, IE, NMSA, 1971 and section 21-1-4E NMSA 1978) for providing classification for a tuition differential between resident and nonresident students.An individual must establish legal residency in New Mexico before he or she is entitled to pay in-state tuition rates. The requirements to establish residency for tuition purposes are independent from those of other types of residency such as voting or holding public office. A legal resident for tuition purposes is someone who meets the requirements set forth by this policy and described on this page.
These regulations for residency apply to all public post-secondary institutions in the State of New Mexico, including branches and community colleges.
Following are questions and answers that present the essence of the residency regulations and provide the information needed to establish residency for tuition purposes.
1. Why are nonresident students at New Mexico's
educational institutions charged higher tuition than resident students?
New Mexico institutions of higher education are supported by the
General Fund of the State of New Mexico. Since nonresident students
(and their families) generally have not contributed to the support
of public education in New Mexico, they are required to pay additional
tuition which more closely represents the actual cost of their education.
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2.
What is required for residency for tuition purposes?
In general a financially independent adult person over 18 years
of age must have resided in New Mexico for a period of twelve consecutive
months immediately prior to the term for which the petition is being
filed. Furthermore, "residency" in this context means
legal "residence." Legal residence requires intent to
remain in a place indefinitely, in the sense of making one's permanent
home there, as well as physical presence at the place. The distinction
is that one may have any number of residences at one time, but never
more than one legal residence.
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3.
When is a student's residency status determined?
The Admissions Office at each institution determines each student's
residency status when the completed application for admission is
received and processed. The decision is based on the information
contained in the application for admission, transcripts, and other
documents required for admission. The residence status determined
at this time remains in effect until the student either (1) fulfills
the requirements for residency and petitions for resident tuition
classification or (2) loses residency by his/her absence from New
Mexico or (3) intent to become a resident of another state.
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4.
How is a minor student's residency status determined?
In New Mexico eighteen is, for most purposes, the age of majority.
Persons under the age of eighteen are considered minors under the
law. A minor's residence is presumed to be the same as his/her parents'
or legal guardian's. The residence decision for students under eighteen
is based upon the legal residence of the parents or legal guardian.
In the event that a noncustodial parent is a legal resident of New
Mexico the minor student will be classified as a resident.
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5.
Can a minor establish residency separate from that of his parents
or legal guardian?
Not usually. With the singular exception of automatic legal emancipation
upon marriage, a minor is presumed to share his parents' or legal
guardian's residence. The minor can present to the appropriate institutional
official written evidence sufficient to justify (as conclusion of
law) a finding of the minor's emancipation. What this means is you
must be 18 to begin to establish residency apart from your parents
or guardian.
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6.
What is the residence of a student who becomes eighteen after he/she
has enrolled in a university or college?
Because of the presumption that a minor shares his/her parents'
or legal guardian's residence and because of the twelve month physical
presence requirement, the eighteen-year old student's residence
is the same as the parent's until the student's nineteenth birthday.
Upon the student's nineteenth birthday, the student is eligible
to have established his/her separate legal residence. A nonresident
student may then petition for residency based on his/her compliance
with the residency regulations.
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7.
How does a person establish New Mexico residency?
To become a legal resident of New Mexico for tuition purposes, four
basic requirements must be completed. Each person must meet the
requirements individually.
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Examples of
such acts are:
1. Securing a New Mexico driver's license
2. Securing a New Mexico automobile registration
3. Registering to vote in New Mexico
4. Filing a New Mexico state tax return for the previous year
5. Securing employment in the state
6. Purchasing residential or business property in the state
7. Having a long established bank account
Other relevant
factors may be considered along with those itemized above.
NOTE: Any act considered inconsistent with being a New Mexico resident
- such as voting, securing and/or maintaining a driver's license
and automobile registration in another state, etc. - will cause
the petition to be denied.
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8.
How is the residence status determined for parents or legal guardian
when the student's classification depends upon the parents' or guardian's
residence?
The residence status of parents or guardians for minors and students
financially dependent on parents or guardians is determined according
to the same requirements as outlined for individuals (see #7).
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9.
Are there any exceptions to the residency regulations for adults?
Yes, provisions have been made for some special groups of people.
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10. Are there any programs that have special restrictions concerning residency eligibility?
Yes, students who participate in any of the following programs are ineligible to establish residency. Furthermore, such students may not begin to establish residency, i.e., satisfy the 12 month durational requirements, until after discontinuing from any of these programs.
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11. What is the resident status of immigrants, refugees and international students?
Noncitizens of the United States who are lawfully in the United States and have obtained permanent status from the INS or noncitizens who serve on active duty in the armed forces of the United States, may establish residency by meeting the durational and intent requirements. Any noncitizen entering an institution of higher education on their visas (i.e. student, diplomatic, visitor or visiting scholar), including spouses, and dependents, shall be classified as nonresidents for tuition purposes.
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12.
What procedure should be followed in petitioning for resident status?
A nonresident student who feels he/she has satisfied the residency
requirements may obtain a "Petition for Resident Tuition Classification"
from the appropriate institutional office. The form should be completed
in detail and returned to the appropriate office, along with a copy
of his/her parents' or guardian's 1040 or 1040A U.S. income tax
form, if the student is under 23 years old.
A change in residency classification is never automatic and it is
always the student's responsibility to initiate the petition.
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13.
Must all requirements be met before the commencement of the semester
for which a change of residency status is petitioned in order to
qualify for resident tuition for that semester?
Yes petitions for resident status will not be approved unless all
requirements are met before the first day of classes for that term.
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14.
Is there a deadline for petitions for resident tuition classification
for a semester which has officially begun?
While the requirements for residency must be completed before the
first day of classes or the institution's census date, if different,
the deadline for any petition for resident tuition classification
applicable to a current semester is twenty-one (21) calendar days
after the first day of classes (i.e., the date the semester officially
begins). A petition received after that date will not be considered.
Another petition must be filed for any subsequent semester.
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15.
On first applying for admission to a New Mexico educational institution
or while awaiting the result of a petition for residence status,
should a student pay tuition at resident or nonresident rates?
Until officially classified as a resident, the student must proceed
as a nonresident. Tuition and fees must be paid on time at the nonresident
rate.
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16.
If a student fails to petition for residency and continues to pay
nonresident tuition after he/she is eligible for a change of status,
may he/she receive the difference between nonresident and resident
tuition retroactive to the date of actual eligibility?
No. It is the student's reponsibility to petition for a change of
resident status when he/she feels the requirements have been met.
If the student does not petition for a change of resident status
and continues to pay nonresident tuition, he/she waives any right
to recover the difference.
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17.
What happens after the petition requesting a change to resident
status is submitted to the appropriate university or college office?
The petition is reviewed and a decision is made as quickly as possible.
Normally the student will be notified of the decision within a few
days. A student may be requested to supply additional information
or to explain apparent inconsistencies before a final decision is
reached.
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18.
If a student's petition for residency is denied, does he/she have
any recourse?
When residency is denied, the student is notified by a letter stating
"petition denied because requirements, as outlined in this
brochure, were not met." The student may amend his/her petition
with additional information in support of his/her cause. Amended
petitions are reviewed by the same standards as original petitions.
If the amended petition is denied, the student may appeal to the
institution's board of appeals for residency. The appeals board
shall be the student's last recourse prior to the courts.
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19.
If a student is denied residency and is unable to meet the residency
requirements, may he/she petition for change of status again?
If a student has reason to believe that he/she has satisfied the
residency requirements at some later time, he/she my reapply for
residency.
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20.
Can a student who is classified as a resident lose resident status
and be reclassified as nonresident?
A student can lose resident status by 1) acting to establish legal
residence in another state, or 2) a finding by the institution that
resident status was granted on the basis of false or misleading
information.
In the first situation, any resident student may forfeit resident
status by acting in ways inconsistent with being a New Mexico resident
(see Overt Acts, section 7-D) or by being absent from the state
for twelve consecutive months. Intent and actions in support of
intent are of greater importance than length of absence because
of the principle that one does not surrender the old legal residence
until new legal residence is acquired. For example, absences which
are the result of attending out-of-state school or of active military
service do not result in loss of residency so long as the person
does not attempt to establish residency elsewhere.
For further information or interpretation, contact the Admission's
Office or Registrar's Office at the institution you plan to attend
or are attending. Following are the post-secondary institutions
for which these regulations apply:
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