New Hampshire Residency Policy

Residence Policy: All students attending any division of the University of New Hampshire in any capacity are charged tuition at a rate determined by domicile. Those domiciled within the State of New Hampshire pay the in-state rate, whereas those domiciled elsewhere pay the out-of-state rate.

In-state: The Board of Trustees fixes the in-state tuition rate annually on the basis of their projected budget, including as part of said budget the applicable funds made available by the Legislature in its biennial budget.

Out-of-state: In accordance with the policy established by the Legislative Budget Act, the out-of-state tuition rate is set annually by the Board of Trustees at a figure which reflects actual per capital operating costs, including instructional expenses, overhead, and bond retirement (excluding self-liquidating bonds), as determined by the costs in the fiscal year just preceding the first January for the fiscal year in which tuition is to be charged, all in accordance with the established accounting practices of the University System.

Determination of Student Status

For tuition purposes, a student is classified as in-state or out-of-state at the time of his or her admission to a unit of the University System of New Hampshire. The decision is made by the Director of Admissions based upon information furnished by the student’s application and other relevant and available information.

Review of Student Status

Any student aggrieved by the decision of the Director of Admissions classifying him/her as an out-of-state student for tuition purposes may appeal to the Residency Appeals Board of the University System on forms and in accordance with procedures made available by the Director of Admissions. The student has the right to present to the Residency Appeals Board such additional evidence as he or she deems appropriate in processing the appeal, and the right to appear in person and be heard.

The decision of the Residency Appeals Board of the University System shall be final.

Change of Status

Any student who has on first admission to the University System been classified as out-of-state for tuition purposes may apply to the Assistant Business Administrator for a change of status on or before September 1 of any year for the fall semester, and on or before January 1 of any year for the spring semester.

Applications are considered in the chronological order in which they are presented. No changes approved during a semester shall be effective until the beginning of the next semester. However, where a change of status from out-of-state to in-state has been denied by the Assistant Business Administrator prior to the commencement of a semester, and his or her decision is reversed by the Residency Appeals Board during the semester, the student’s status shall be effective at the beginning of the semester.

In the event the Assistant Business Administrator possesses facts or information indicating that a student’s status should be changed from in-state to out-of-state, the student shall be informed in writing of the change of status. The student may appeal the decision of the Assistant Business Administrator as set forth.

No such change made by the Assistant Business Administrator after the commencement of any semester is effective until the beginning of the following semester. Change to out-of-state status made by the Assistant Business Administrator prior to the commencement of any semester, but reversed during the semester by the Residency Appeals Board, is effective as of the commencement of the semester.

Application Forms

Each applicant for in-state status for tuition purposes submits an application on forms prescribed by the Director of Admissions, which shall include a sworn statement certifying that the applicant is legally domiciled within the State of New Hampshire. The application shall also include such additional information as the Director may require in support of the affidavit of domicile. At his/her discretion, the Director may require submission of an application form from any in-state student prior to the commencement of each semester the student plans to attend the College.

Substantive Rules and Definitions

In all cases of application for in-state status for tuition purposes, the burden of proof is on the applicant. At the applicant’s request, the Director of Admissions states in writing the reason or reasons for his/her decision. The following definitions and rules shall prevail:

Parent. The term “parent” means a person’s father; or, if he/she has no father, his/her mother; or, in the case of separated or divorced parents, “parent” means either a parent with legal custody or a parent providing more than one-half of a student’s total financial support; or, if there is a guardian or legal custodian, “parent” shall mean guardian or legal custodian, provided there are no circumstances indicating that such guardianship or custodianship was created primarily for the purpose conferring the status of an in-state student on such unemancipated person.

Domicile. “Domicile” denotes a person’s true, fixed, and permanent home and place of habitation. It is the place where the person intends to remain and to which he/she expects to return when he/she leaves without intending to establish a new domicile elsewhere.

No person shall be eligible for in-state status unless he/she is domiciled within New Hampshire. For University System purposes, a person does not acquire domicile in New Hampshire until he/she has been a resident of the state for 12 consecutive months immediately preceding registration for the term for which in-state tuition is claimed and meets all other requirements for domicile.

No unemancipated person shall be eligible for in-state status unless his/her parent shall have established domicile in this state.

No person shall be eligible for in-state tuition status unless he/she establishes that his/her residence in New Hampshire is for some purpose other than the temporary or primary one of obtaining an education. When a person has established eligibility for in-state tuition based on his/her parent’s domicile, and the parent subsequently establishes domicile outside of New Hampshire, the person shall be eligible for in-state tuition for one academic semester following the academic semester during which the parent established out-of-state domicile. All evidence relevant to determining domicile may be considered, but the following indicia shall, in any case, be relevant, without limiting in any way such other information as the applicant wishes to submit or the Director wishes to require:

  • Payment or non-payment of any tax levied by the state or any political subdivision on persons resident or domiciled therein.
    Residence reported on any federal or state tax return. Registration of one’s automobile. State issuing one’s driver’s license.
  • Receipt of support in whole or in part from parents who are resident or domiciled outside the State of New Hampshire.

Voting Residence

Claim by any non-resident parent that the applicant is dependent for tax or any other financial purpose.

Regular departure by an applicant from the State of New Hampshire during recess or vacations from the College.

The filing of any claim for benefits under any policy of insurance or any federal, state, or local benefit legislation based on residence or domicile outside the State of New Hampshire.

Status in some other state which qualifies a person for in-state tuition in that state.

Emancipation

No person is deemed emancipated unless his/her parent has entirely surrendered the right to the care, custody, and earnings of such person and unless his/her parent is no longer under any legal obligation to support or maintain such person or, having supported and maintained such person even though under no legal obligation to do so, has ceased to support to maintain such person. Emancipation shall not be found unless all such tests are met.
The following shall be submitted by an applicant and demanded by the Director of Admissions:

  • Lack of financial support of the person by the parents.
  • Lack of contribution to the parents of any earnings or other income received by the person.
  • Failure of the parent to claim the person as a dependent on his/her income or other tax returns.
  • Establishment by the person of a domicile separate and apart from that of the parent.
  • Failure of the person to return to the home of the parent during vacations and other recesses from school.

Presumptions

Unless the contrary appears to the satisfaction of the Director of Admissions in individual cases, the following presumptions prevail:

  • The domicile of an unemancipated person is that of his/her parents or, if the parents are separated or divorced, that of the parent who has custody of him/her, or that of the parent providing more than one-half of the student’s total financial support.
  • The domicile of an unemancipated person who has no parents is that if his/her guardian or other legal custodian, unless it appears that such guardianship or custodianship was created for the purpose of establishing an in-state status.
  • The domicile of any person who first enters the College from the domicile of his/her parent, as define above, is that of the parent until he/she abandons such domicile and, for purposes other than that of education, acquires a new domicile.
  • The domicile of any person who first enters the College from a domicile other than New Hampshire is such a domicile until he/she abandons such domicile and, for purposes other than that of his/her education, acquires a new domicile. Attendance at a unit of the University System or at any other educational institution in this state in itself is not evidence of intention to establish or establishment of a domicile in this state.

Military Personnel

A member of the armed forces of the United States stationed in this state under military orders is entitled to classification for himself or herself, spouse, and dependent children as in-state for tuition purposes so long as he/she remains on active duty in this state pursuant to such orders.

Waiver

Nothing contained in these rules precludes the Director of Admissions from waiving any requirement hereof under special circumstances in individual cases. (Approved by the University System of New Hampshire Trustees, January 20, 1973; Revised April 28, 1984.)