Regulations for Qualifying for In-State Tuition

 
Michigan State University (MSU) has autonomous, constitutional authority from the State of Michigan to establish the university’s “Regulations for Qualifying for In-State Tuition” and the definition of student residency status as it relates to in-state fee status. MSU’s residency guidelines are independent of other State of Michigan rules or regulations governing residency for other purposes (such as income and property tax liability or eligibility to vote or drive). MSU will review the application of students who believe they should be classified as in-state under the regulations. If a student is seeking in-state tuition based on Michigan domicile, but the student’s presence in the state is based on activities or circumstances that are determined to be temporary or indeterminate, the student will be classified as out-of-state.

These regulations establish the criteria for eligibility to receive in-state tuition rates at MSU. Based on information supplied in the application for admission, a student will be classified as an in-state or out-of-state student. STUDENTS MAY QUALIFY FOR IN-STATE TUITION STATUS IN THE FOLLOWING WAYS:

1. Establishing eligibility through Michigan domicile for U.S. citizens.
2. Establishing eligibility through Michigan domicile for legal permanent resident aliens and immigrants.
3. Establishing eligibility through Michigan high school attendance and graduation (must meet all three (3) of the following requirements: (a) attended an accredited Michigan high school for at least three years; (b) graduated from an accredited Michigan high school or obtained a Michigan General Educational Development High School Equivalency Certificate (GED); and (c) will start their education at MSU within forty (40) months of high school graduation or receipt of a GED.
4. Establishing they meet the criteria outlined in Absences from Michigan in Section IV; or
5. Establishing they meet one of the criteria listed in Section V.

ON THEIR OWN, THE FOLLOWING CIRCUMSTANCES DO NOT LEND SUPPORT TO A CLAIM OF MICHIGAN DOMICILE:

• Enrollment in a Michigan high school, community college, or university.
• Employment in Michigan that is temporary or short-term.
• Employment in Michigan in a position that is normally held by a student.
• Ownership of land, vacation, second home, or investment property in Michigan.
• Presence of relatives, other than the student’s parent(s) or legal guardian(s) who live in Michigan.
• Possession of a Michigan driver's license, Michigan identification card, or voter's registration.
• Payment of Michigan income or property taxes.
• A statement of intent to be domiciled in Michigan.
• The payment of university fees on behalf of a student.

For the purpose of these regulations:

Dependent Student - A student is presumed to be a dependent student if all the following apply:

• They are 24 years of age or younger.
• They are not married or in a legal domestic partnership.
• They are not on Active Duty or a Veteran of the U.S. Armed Forces.
• They are primarily involved in undergraduate educational pursuits or have not been entirely financially self-supporting through employment. 

Non-Dependent Student - A student is presumed to be a non-dependent if any of the following apply:

• They are 25 years of age or older.
• They are married or in a legal domestic partnership.
• They are on Active Duty or are a Veteran of the U.S. Armed Forces.
• They are primarily in a Graduate or Professional Program.

DEFINITIONS

Domicile
“Domicile” is defined as the place where an individual has established their true, fixed, primary permanent residence and long-term home and to which the individual returns whenever they are absent from the university. In other words, an applicant must document that the state of Michigan is their primary permanent, long-term home and they intend to remain in Michigan.

The domicile of a dependent student will be presumed to have the same effect as that of their parent(s), stepparent(s), or legal guardian(s). Generally, an individual whose activities and circumstances, as documented to MSU, demonstrate they are domiciled in Michigan will be eligible for in-state tuition status. An individual whose presence in the state is based on activities or circumstances that are indeterminate or temporary will not be eligible for in-state tuition status.

A non-dependent student or parent(s), or legal guardian(s) of a dependent student cannot be domiciled or maintain a primary permanent residence in more than one state at a time. Establishing Michigan domicile will depend on, among other things, where a student lives/has lived, works/has worked, and attends/has attended school; where the student’s parent(s) or legal guardian(s) live/have lived, and other clear and convincing evidence that demonstrates Michigan is the student’s primary permanent long-term home.

“Michigan Domicile” – Parent(s), legal guardian(s) or non-dependent student have established a primary permanent residence and household in the state of Michigan for a period of at least 12 consecutive months immediately preceding the first day of classes of the semester for which they are seeking in-state tuition status (please see 1.A. and 1.B. below).

Residing in Michigan solely for educational reasons does not qualify as being “domiciled” in Michigan. The reason for moving to Michigan must be for other than educational purposes. The student, their parent(s), legal guardian(s), or spouse/legal domestic partner must have moved to Michigan for a reason other than qualifying for in-state tuition and intend to make Michigan their primary permanent long-term home.

Legal Guardianship 
References to parents shall include legal guardians when (a) the student is the dependent of the legal guardian(s), and (b) full legal guardianship has been established.

A temporary care agreement executed by a dependent student’s parent(s) or guardian(s) to other individual(s) who may live in the state of Michigan does not represent full legal guardianship.

Severance of Out-of-State Ties 
Severance of out-of-state ties referred to in Section I.A. below means the student, their parent(s), legal guardian(s), or spouse/legal domestic partner have severed out-of-state ties by providing proof of primary principal residence in the State of Michigan.

1. ESTABLISHING ELIGIBILITY THROUGH MICHIGAN DOMICILE FOR U.S CITIZENS
   1. Dependent Student
      The domicile of a dependent student is presumed to be the same as that of the student’s parent(s) or legal guardian(s), The following requirements demonstrate, in general terms, that Michigan is the domicile of the student’s parent(s) or legal guardian(s).
      
      Both parents or legal guardians (if married, or in a legal domestic partnership) or one parent (in the case of being single, widowed, legally separated, or divorced) must meet all three of the following requirements to qualify for in-state fee status.
      1. Michigan Domicile. Parent(s) or legal guardian(s) have established a primary permanent residence and household in the state of Michigan for a period of at least 12 consecutive months immediately preceding the first day of classes of the semester for which they are seeking in-state tuition status.
      2. Michigan Employment. Are employed in the state of Michigan on a permanent basis.
      3. Severance of Out-of-State Ties. Have severed out-of-state ties related to any primary principal residence located outside the state of Michigan.
         
         If parents are legally separated or divorced, please provide documentation. If parents have remarried or entered a new legal domestic partnership, additional documentation may be required. If a dependent student’s parent(s) or legal guardian(s) both reside outside the state of Michigan, the student will be classified as out-of-state.
   2. Non-Dependent Student
      A non-dependent student will be considered domiciled in Michigan if they have established a primary permanent residence and household in the state of Michigan for a period of at least 12 consecutive months immediately preceding the first day of classes of the semester for which they are seeking in-state tuition status and also meets either of the following criteria:
      1. The student, or the student’s spouse/legal domestic partner, is employed in Michigan in a permanent job, and the employment is the primary purpose for the student’s presence in Michigan; or
      2. The student has not enrolled in any academic courses at any two-year or four-year degree granting institution, including MSU, during this twelve-month period.
2. ESTABLISHING ELIGIBILITY THROUGH MICHIGAN DOMICILE FOR LEGAL PERMANENT RESIDENT ALIENS AND IMMIGRANTS.
   Non-U.S. citizens who are entitled to reside permanently in the United States are eligible for in-state tuition by showing they have established a Michigan domicile as defined in Section 1.A. or 1.B. above of these regulations. Non-U.S. citizens who are considered to have established permanent domicile in the United States include permanent resident aliens, asylees or refugees, or A, E (primary), G, or I nonimmigrant visa holders. Dependent students who hold an E visa are not eligible to be considered for resident classification. Individuals holding temporary visas, including, but not limited to F, H, J, K, L, Parolee, TN, and TD visas, are not eligible for in-state tuition as a Michigan resident.
   
   Non-U.S. citizens must provide official documentation establishing their valid immigration status. Non-U.S. citizens must also maintain their immigration status for the duration of their enrollment to remain eligible for paying in-state tuition.
3. ESTABLISHING ELIGIBILITY THROUGH MICHIGAN HIGH SCHOOL ATTENDANCE AND GRADUATION
   Students must meet all three of the following requirements to be eligible for in-state tuition status:
   1. Attended an accredited Michigan high school for a minimum of three years.
   2. Graduated from an accredited Michigan high school or obtained a Michigan General Educational Development High School Equivalency Certificate (GED).
   3. Start their education at MSU within forty (40) months of high school graduation or receipt of a GED.
      
      Students are eligible to receive in-state tuition under this section regardless of whether they are domiciled in Michigan, residents of Michigan, or citizens of the United States.
4. ABSENCES FROM MICHIGAN
   
   Moved for a Job, but Domiciled in Michigan
   If a student, or the parent(s) or legal guardian(s) of a dependent student is domiciled in Michigan but has been temporarily transferred outside Michigan by their employer (but has not become domiciled outside Michigan), the student will receive in-state tuition.
   
   If a student, or the parent(s) or legal guardian(s)(s) of a dependent student, moves out of Michigan during the time the student is enrolled as a full-time student at MSU, the student’s in-state tuition status will be maintained if they continue to be enrolled. If a student moves out of Michigan for more than 12 months while enrolled as a less than full-time student, the student will not be eligible for in-state tuition, unless the student presents clear and convincing evidence that they have maintained their domicile in Michigan despite the move.
   
   A prospective student who qualifies for in-state tuition under Sections I.A. Dependent Students., II. Legal Permanent Resident Aliens, or III. Michigan High School Attendance and Graduation above will be eligible for in-state tuition even if they attended a college or university outside of Michigan prior to enrolling at MSU.
5. OTHER WAYS TO ESTABLISH ELIGIBILITY
   Students who meet any of the following standards will receive in-state tuition:
   
   Foreign Services - If the parent or legal guardian(s) of a dependent student, or an independent student is on active duty as a Foreign Service Member (as defined in Section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903) for more than 30 days, the student shall be classified as in-state. A copy of their birth certificate (if dependent student) or marriage/legal domestic partnership certificate (if spouse or legal domestic partner), a copy of the most recent Leave and Earnings Statement, and an Official letter or certification verifying Foreign Service will be required.
   
   Migrant Worker - If the parent or legal guardian(s) of a dependent student, or an independent student (as defined by the Higher Education Act of 1965, Section 480(d)), has been employed as a migrant worker in Michigan for a minimum of two months each year for three of the five years prior to the date of the proposed in-state tuition status, or for a minimum of three months each year for two of the five years prior to the date of the proposed in-state tuition status, the student shall be classified as in-state. Proof and verification of employment is required. A migrant worker in Michigan is defined under these regulations as an individual who travels from location to location pursuing seasonal agricultural or related industry employment. The term migrant worker does not include any family member of a person who owns or operates a farm, ranch, or other agricultural (or related industry) business.
   
   Philanthropic Work - including, but not limited to AmeriCorps, Peace Corps, Missionary Work and similar) - If a non-dependent student or the parent/legal guardian(s) of a dependent student is domiciled in Michigan at the time they or their parent/legal guardian(s) are engaged in philanthropic work, the student shall be classified as in-state. Proof and verification of employment is required.
   
   MSU Employment - A student who is employed 100% full-time by the university, or whose spouse/legal domestic partner, or parent/legal guardian(s) in the case of dependent student, is employed 100% full-time by the university.
   
   MSU Graduate Student - receives in-state tuition status during the period of their appointment as Graduate Assistants.
   
   Native American Tuition Advantage Program
   
   Turtle Island Acknowledgement Scholarship
   
   Uniformed Services - A student who, or whose spouse/legal domestic partner, or parent/legal guardian(s) in the case of a dependent student: (1) is serving on active duty in the United States Uniformed Services; (2) is serving in the guard or reserves in one of those reserve components in a paid capacity; (3)  has received an honorable discharge from one of those Services or reserve components.
   
   VA Educational Assistance Programs - A person using educational assistance under either Chapter 30 (Montgomery GI Bill® - Active-Duty Program), Chapter 33 (Post-9/11 GI Bill®) of Title 38 of the United States Code, and/or the Marine Gunnery Sergeant John David Fry Scholarship (38 U.S.C. § 3311(b)(9)), Chapter 31 (Veteran Readiness and Employment), Chapter 35 (The Survivors and Dependents Educational Assistance (DEA) program (Public Law 117-68 amending Title 38), (while attending MSU, regardless of their formal state of residence).
6. APPLICATION AND REQUIRED DOCUMENTATION
   A student or the parent(s) or legal guardian(s) of a dependent student who is requesting reclassification based on Michigan domicile for tuition purposes must demonstrate by clear and convincing evidence their domicile is in the state of Michigan. Each request is reviewed individually, and a determination is made based on the supporting documentation and facts submitted by the applicant.
   
   The review and determination of a student’s application will not be made until all required documentation has been submitted (as outlined below).
   
   Dependent Student – 24 years of age and under; not married or in a legal domestic partnership, and in an undergraduate program.
   1. Application: An Application for Classification to In-State Fee Status.
   2. Statement of Explanation: A written statement explaining how the student meets the criteria for in-state tuition status as set forth in these regulations
   3. Student Photo Identification: A copy of the student’s Michigan driver’s license or other official government-issued photo ID, such as a passport.
   4. Parent(s)/Legal Guardian(s) Photo Identification: A copy of the parent(s)/legal guardian(s)’ Michigan driver’s license or other official government-issued photo ID, such as a passport.
   5. U.S. Permanent Residents:
      1. A copy of the parent(s)/legal guardian(s)’ U.S. permanent resident card.
      2. A copy of the student’s U.S. permanent resident card.
   6. Guardianship – A copy of the complete, fully executed official court guardianship agreement.
   7. Employment Verification: A signed and dated letter from parent(s)’ or legal guardian(s)’ employer on company letterhead verifying current full-time employment, work location of employee, and includes employer’s physical address.
   8. Pay Stub: A copy of parent(s)’ or legal guardian(s)’ most recent pay stub(s) showing Michigan taxes being withheld.
   9. Federal and State Income Tax Returns: A copy of the first, second, and signature pages of parent(s) or legal guardian(s)’ most recent year’s federal and all state income tax returns (forms US 1040 and State 1040s) with:
      1. All accompanying W2s and Form 1099s; and
      2. Schedules C and E, (if self-employed).
   10. Michigan Domicile - A copy of a complete, fully executed property deed, quit claim deed, land contract, mortgage agreement, property title or lease agreement(s)
   11. Severance of Out-of-State Ties: a. A copy of a complete, fully executed copy of one of the following for proof of home sale: warranty deed, final closing statement or distribution statement, or proof of termination of lease agreement(s).

1. Application: An Application for Classification to In-State Fee Status.
2. Statement of Explanation: A written statement explaining how the student meets the criteria for in-state tuition status as set forth in these regulations.
3. Student Photo Identification: A copy of the student’s Michigan driver’s license or other official government-issued photo ID, such as a passport.
4. Spouse or legal domestic partner’s Photo Identification: A copy of the spouse or legal domestic partner’s Michigan driver’s license or other official government-issued photo ID, such as a passport, if based on spouse or legal domestic partner’s employment.
5. U.S. Permanent Residents:
   1. A copy of student’s U.S. permanent resident card.
   2. A copy of spouse or legal domestic partner’s U.S. permanent resident card.
6. Marriage or Domestic Partnership Certificate: A copy of an official marriage or legal domestic partnership certificate, if based on spouse or legal domestic partner’s employment.
7. Employment Verification: A letter from student’s and/or spouse/legal domestic partner’s employer on company letterhead verifying current full-time employment, work location of employee, and includes employer’s physical address, if based on current full-time employment.
8. PayStub: A copy of student’s and/or spouse/legal domestic partner’s most recent pay showing Michigan taxes being withheld, if based on current full-time employment.
9. Federal and State Income Tax Returns: A copy of the first, second, and signature pages of student’s and spouse or legal domestic partner’s (if based on spouse or legal domestic partner)most recent year’s federal and all state income tax returns (forms US 1040 and State 1040s) with:
   1. All accompanying W2s and Form 1099s; and
   2. Schedules C and E, (if self-employed).
10. Michigan Domicile: A copy of a complete, fully executed property deed, quitclaim deed, land contract, mortgage agreement, property title or lease agreement(s) for at least the 12months immediately preceding the first day of classes of the semester for which student is seeking in-state tuition status.
11. Severance of Out-of-State Ties:
    1. A complete, fully executed copy of one of the following for proof of home sale: warranty deed, final closing statement or distribution statement, or proof of termination of lease agreement.

1. Application: An Application for Classification to In-State Fee Status.
2. Statement of Explanation: A written statement explaining how they meet the criteria for in-state tuition status as set forth in these regulations.
3. Student Photo Identification: A copy of the student’s Michigan driver’s license or Michigan identification card.
4. Birth or Marriage/Legal Domestic Partnership Certificate: A copy of birth certificate (if dependent student) or marriage/legal domestic partnership certificate (if spouse or legal domestic partner).
5. Active-Duty Military: A copy of the most recent Leave and Earnings Statement (LES).
6. Honorably Discharged Veteran: A copy of Release of Discharge from Active-Duty form indicating honorable discharge (DD-214).

1. Application: An Application for Classification to In-State Fee Status.
2. Statement of Explanation: A written statement explaining how they meet the criteria for in-state tuition status as set forth in these regulations.
3. Student Photo Identification: A copy of the student’s Michigan driver’s license or other official government-issued photo ID, such as a passport.
4. High School Transcript(s): A copy of the student’s most recent high school transcript(s), if not already on file.

1. Application: An Application for Classification to In-State Fee Status.
2. Statement of Explanation: Provide a written statement explaining how the student meets the criteria for in-state tuition in accordance with these Regulations.
3. Student Photo Identification: A copy of the student’s Michigan driver’s license or other official government-issued photo ID, such as a passport.
4. Parent(s)/Legal Guardian(s)’ Photo Identification: A copy of parent(s) or legal guardian(s)’ Michigan driver’s license or other official government-issued photo ID, such as a passport. (if dependent student).
5. Employment Verification: A signed and dated letter from parent/legal guardian’s employer on company letterhead indicating:
   1. Date full-time permanent employment began in Michigan.
   2. Location(S) outside of Michigan where employee has or is working.
   3. Duration of temporary out-of-state assignment.
   4. Whether employee will be returning to Michigan at the end of out-of-state assignment.
   5. Company contact name, address, phone number, and email address.
6. Federal and State Income Tax Returns: A copy of the first, second, and signature pages of parent/legal guardian's (if student is age 24 or younger) or student’s (if student is 25 years of age or older) most recent year’s federal and state income tax returns (Form 1040 and State-1040) with:
   1. All accompanying W2s and/or Schedule 1 included with Form 1040.
   2. Schedules C and E, if self-employed.
7. Michigan Domicile: A copy of a complete, fully executed property deed, quit claim deed, land contract, mortgage agreement, property title or lease agreement(s) for parent(s)/legal guardian(s)’ permanent Michigan residence.
8. Michigan Property Tax Statements: A copy of the latest paid property tax statement for parent(s)/legal guardian(s)’ permanent Michigan residence.
9. Out-of-State/Foreign Place of Residency: A complete, fully executed copy of proof of home sale (final closing/distribution statement, warranty deed or termination of lease agreement where parents/legal guardians resided.)

1. Application: An Application for Classification to In-State Fee Status.
2. Statement of Explanation: A written statement explaining how they meet the criteria for in-state tuition status as set forth in these regulations.
3. Student Photo Identification: A copy of student’s Michigan driver’s license or other official government-issued photo ID, such as a passport.
4. Supporting Documentation: as described in Section V (Other Ways to Establish Eligibility).

• In-state fee status applies to only entire semesters. Students will not be granted in-state fee status for part of a semester.
• The application and documentation will not be returned. The student is advised to keep a copy for their records.
• The student will be notified by the Review Committee if additional documentation or information is required.
• The student will be notified by email when a determination has been made.
• Applications are reviewed by the Review Committee comprised of at least three members, including an associate registrar.
• The university has the right to correct any errors that have occurred in determining eligibility for in-state tuition.
• Falsification of records is prohibited. According to Article 5.01 of the University's General Student Regulations, "No student shall provide false information for the purpose of gaining benefit for oneself or others to any office, agency, or individual acting on behalf of the university." The university reserves the right to audit enrolled or prospective students at any time regarding eligibility for in-state tuition.