The Residency Manual
IV. Classification Determinations
A. Fundamental Requirements of Law.
The subsections of G.S. 116-143.1 may be highlighted as follows:
1. Subsection (a). There is a distinction between legal residence and residence for tuition purposes. The requirements of the law are applicable to all students or applicants for attendance at every public university, community college, or technical institute of this State.
2. Subsection (b ). To qualify as a resident for tuition purposes, a person must become a legal resident and remain a legal resident for at least twelve months immediately prior to classification.
3. Subsection (c).Twelve months legal residence means more than simple a bode in North Carolina. In particular it means maintaining a domicile (permanent home of indefinite duration) as opposed to "maintaining a mere temporary residence or abode incident to enrollment in an institution of higher education." The burden of establishing facts which justify classification of a student as a resident entitled to in-state tuition rates is on the applicant for such classification.
4. Subsection (d).Being classified a resident for tuition purposes is contingent on the student's providing all information that the institution may require in making the residence determination.
5. Subsection (e). If an individual, irrespective of age, has living parent(s) or court-appointed guardian of the person, the domicile of such parent(s) or guardian is , prima facie, the domicile of the individual; but this prima facie evidence of the individual's domicile may or may not be sustained by other information. Further, nondomiciliary status of parents is not deemed prima facie evidence of the applicant child's status if the applicant has live (though not necessarily legally resided) in North Carolina for the five years preceding enrollment or re-registration.
6. Subsection (f).Marriage alone does not prevent a person from becoming or continuing to be a resident for tuition purposes, nor does marriage in any circumstance insure that a person will become or continue to be a resident for tuition purposes. Marriage and the legal residence of one's spouse are, however, relevant information in determining residentiary intent.
7. Subsection (g). If both a husband and his wife are legal residents of North Carolina and if one of them has been a legal resident longer than the other, then the longer duration may be claimed by either spouse in meeting the twelve-month requirement for in-state tuition status.
8. Subsection (h).A North Carolinian who serves outside the State in the armed forces does not lose North Carolina domicile simply by reason of such service.
9. Subsection (i). If a person (1) has been a bona fide legal resident, (2) has consequently been classified a resident for tuition purposes, and (3) has subsequently lost North Carolina legal residence while enrolled at a public institution of higher education, that person may continue to enjoy the in-state tuition rate for a grace period of twelve months measured from the date on which North Carolina legal residence was lost. If the twelve months ends during an academic term for which the person is enrolled at a State institution of higher education, the grace period shall extend, in addition, to the end of that term. The fact of marriage to one who continues domiciled outside North Carolina shall not by itself cause loss of legal residence, marking the beginning of the grace period.
10. Subsection (j).If a minor's parents live apart, the minor's domicile is deemed to be North Carolina for the time period(s) that either parent, as a North Carolina legal resident, may claim and does claim the minor as a tax dependent, even if other law or judicial act assigns the minor's domicile outside North Carolina. A minor thus deemed to be a legal resident by operation of subsection (j) will not, upon achieving majority before enrolling at an institution of higher education, lose North Carolina legal residence if that person (1) upon becoming an adult "acts, to the extent that the person's degree of actual emancipation permits, in a manner consistent with bona fide legal residence in North Carolina" and (2) "begins enrollment at an institution of higher education not later than the fall academic term next following completion of education prerequisite to admission at such institution."
11. Subsection (k).If a minor has lived for five or more consecutive years with relatives (other than parents) who are domiciled in North Carolina and if the relatives have functioned during this time as if they were personal guardians, the minor will be deemed a resident for tuition purposes for an enrolled term commencing immediately after at least five years in which these circumstances have existed. If under this subsection a minor is deemed to be a resident for tuition purposes immediately prior to his or her eighteenth birthday, that person on achieving majority will be deemed a legal resident of North Carolina of at least 12 months duration. This subsection acts to confer in-state tuition status even in the face of other provisions of G.S. 116-143.1 to the contrary; however, a person deemed a resident of 12 months duration pursuant to subsection (k) continues to be a legal resident of the State only so long as he or she does not abandon North Carolina domicile.
12. Subsection (l). If a student ceases enrollment at or graduates from an institution of higher education while classified a resident for tuition purposes and then both abandons and reacquires North Carolina domicile within a 12-month period, that person, if he or she continues to maintain the reacquired domicile into re-enrollment at an institution of higher education, may re-enroll at the in-State tuition rate without having to meet the 12-month durational requirement of subsection (b). However, any one person may receive the benefit of this subsection only once.
