{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-503.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-503.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-503.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-503.html"}],"law_id":70324,"edition_id":1,"section_id":70324,"structure_id":13964,"section_number":"23.1-503","catch_line":"Determination of domicile; rules; presumptions","history":"1984, c. 422, \u00a7 23-7.4; 1985, cc. 179, 572; 1988, c. 124; 1989, c. 371; 1990, c. 680; 1991, c. 590; 1996, cc. 931, 981; 1999, c. 439; 2006, cc. 783, 797, 806; 2007, cc. 108, 491; 2008, c. 723; 2011, cc. 38, 44, 782, 860; 2013, cc. 139, 166, 243; 2014, c. 341; 2016, c. 588; 2020, c. 512.","full_text":"A\n\nStudents shall not ordinarily establish domicile by the performance of acts that are auxiliary to fulfilling educational objectives or are required or routinely performed by temporary residents of the Commonwealth. Students shall not establish domicile by mere physical presence or residence primarily for educational purposes.B\n\nA married individual may establish domicile in the same manner as an unmarried individual.C\n\nA nonmilitary student whose parent or spouse is a member of the Armed Forces of the United States may establish domicile in the same manner as any other student.D\n\nAny alien holding an immigration visa or classified as a political refugee may establish domicile in the same manner as any other student. However, absent congressional intent to the contrary, any individual holding a student visa or another temporary visa does not have the capacity to intend to remain in the Commonwealth indefinitely and is therefore ineligible to establish domicile and receive in-state tuition charges.E\n\nThe domicile of a dependent student shall be rebuttably presumed to be the domicile of the parent or legal guardian (i) claiming him as an exemption on federal or state income tax returns currently and for the tax year prior to the date of the alleged entitlement or (ii) providing him with substantial financial support. The spouse of an active duty military service member, if such spouse has established domicile and claimed the dependent student on federal or state income tax returns, is not subject to minimum income tests or requirements.F\n\nThe domicile of an unemancipated minor or a dependent student 18 years old or older may be the domicile of either the parent with whom he resides, the parent who claims the student as a dependent for federal or Virginia income tax purposes for the tax year prior to the date of the alleged entitlement and is currently so claiming the student, or the parent who provides the student with substantial financial support. If there is no surviving parent or the whereabouts of the parents are unknown, then the domicile of an unemancipated minor shall be the domicile of the legal guardian of such unemancipated minor unless circumstances indicate that such guardianship was created primarily for the purpose of establishing domicile.G\n\nContinuously enrolled non-Virginia students shall be presumed to be in the Commonwealth for educational purposes unless they rebut such presumption with clear and convincing evidence of domicile.H\n\nA non-Virginia student is not eligible for reclassification as a Virginia student unless he applies for and is approved for such reclassification. Any such reclassification shall only be granted prospectively from the date such application is received.I\n\nA student who knowingly provides erroneous information in an attempt to evade payment of out-of-state tuition charges shall be charged out-of-state tuition for each term, semester, or quarter attended and may be subject to dismissal from the institution. All disputes relating to the veracity of information provided to establish domicile in the Commonwealth are appealable as set forth in § 23.1-510.J\n\nNo student shall be deemed ineligible to establish domicile and receive in-state tuition charges solely on the basis of the immigration status of his parent.","order_by":null,"text":{"0":{"id":253872,"text":"Students shall not ordinarily establish domicile by the performance of acts that are auxiliary to fulfilling educational objectives or are required or routinely performed by temporary residents of the Commonwealth. Students shall not establish domicile by mere physical presence or residence primarily for educational purposes.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":253873,"text":"A married individual may establish domicile in the same manner as an unmarried individual.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":253874,"text":"A nonmilitary student whose parent or spouse is a member of the Armed Forces of the United States may establish domicile in the same manner as any other student.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":253875,"text":"Any alien holding an immigration visa or classified as a political refugee may establish domicile in the same manner as any other student. However, absent congressional intent to the contrary, any individual holding a student visa or another temporary visa does not have the capacity to intend to remain in the Commonwealth indefinitely and is therefore ineligible to establish domicile and receive in-state tuition charges.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":253876,"text":"The domicile of a dependent student shall be rebuttably presumed to be the domicile of the parent or legal guardian (i) claiming him as an exemption on federal or state income tax returns currently and for the tax year prior to the date of the alleged entitlement or (ii) providing him with substantial financial support. The spouse of an active duty military service member, if such spouse has established domicile and claimed the dependent student on federal or state income tax returns, is not subject to minimum income tests or requirements.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":253877,"text":"The domicile of an unemancipated minor or a dependent student 18 years old or older may be the domicile of either the parent with whom he resides, the parent who claims the student as a dependent for federal or Virginia income tax purposes for the tax year prior to the date of the alleged entitlement and is currently so claiming the student, or the parent who provides the student with substantial financial support. If there is no surviving parent or the whereabouts of the parents are unknown, then the domicile of an unemancipated minor shall be the domicile of the legal guardian of such unemancipated minor unless circumstances indicate that such guardianship was created primarily for the purpose of establishing domicile.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":253878,"text":"Continuously enrolled non-Virginia students shall be presumed to be in the Commonwealth for educational purposes unless they rebut such presumption with clear and convincing evidence of domicile.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":253879,"text":"A non-Virginia student is not eligible for reclassification as a Virginia student unless he applies for and is approved for such reclassification. Any such reclassification shall only be granted prospectively from the date such application is received.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":253880,"text":"A student who knowingly provides erroneous information in an attempt to evade payment of out-of-state tuition charges shall be charged out-of-state tuition for each term, semester, or quarter attended and may be subject to dismissal from the institution. All disputes relating to the veracity of information provided to establish domicile in the Commonwealth are appealable as set forth in § 23.1-510.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":253881,"text":"No student shall be deemed ineligible to establish domicile and receive in-state tuition charges solely on the basis of the immigration status of his parent.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":13964,"edition_id":1,"name":"In-State Tuition and Reduced Rate Tuition Eligibility","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":13112,"metadata":{},"date_created":"2026-06-26 03:46:26","date_modified":"2026-06-26 03:46:26","permalink":{"id":184935,"object_type":"structure","relational_id":13964,"identifier":"5","token":"23.1\/II\/5","url":"\/23.1\/II\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13112,"edition_id":1,"name":"Students and Campus","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184847,"object_type":"structure","relational_id":13112,"identifier":"II","token":"23.1\/II","url":"\/23.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87208,"structure_id":13964,"section_number":"23.1-500","catch_line":"Definitions","url":"\/23.1-500\/","token":"23.1\/II\/5\/23.1-500","metadata":false},{"id":58871,"structure_id":13964,"section_number":"23.1-501","catch_line":"Presumption of dependency for certain students","url":"\/23.1-501\/","token":"23.1\/II\/5\/23.1-501","metadata":false},{"id":84399,"structure_id":13964,"section_number":"23.1-502","catch_line":"Eligibility for in-state tuition charges; domicile; domiciliary intent","url":"\/23.1-502\/","token":"23.1\/II\/5\/23.1-502","metadata":false},{"id":70324,"structure_id":13964,"section_number":"23.1-503","catch_line":"Determination of domicile; rules; presumptions","url":"\/23.1-503\/","token":"23.1\/II\/5\/23.1-503","metadata":false},{"id":79711,"structure_id":13964,"section_number":"23.1-504","catch_line":"Determination of domicile; exception; certain active duty and retired military personnel, etc","url":"\/23.1-504\/","token":"23.1\/II\/5\/23.1-504","metadata":false},{"id":60185,"structure_id":13964,"section_number":"23.1-505","catch_line":"Determination of domicile; exception; dependents of certain active duty military personnel, etc","url":"\/23.1-505\/","token":"23.1\/II\/5\/23.1-505","metadata":false},{"id":64004,"structure_id":13964,"section_number":"23.1-505.1","catch_line":"Eligibility for in-state tuition and state financial assistance programs","url":"\/23.1-505.1\/","token":"23.1\/II\/5\/23.1-505.1","metadata":false},{"id":59308,"structure_id":13964,"section_number":"23.1-506","catch_line":"Eligibility for in-state tuition; exception; certain out-of-state and high school students","url":"\/23.1-506\/","token":"23.1\/II\/5\/23.1-506","metadata":false},{"id":73937,"structure_id":13964,"section_number":"23.1-507","catch_line":"University of Virginia's College at Wise; reduced rate tuition charges for certain students","url":"\/23.1-507\/","token":"23.1\/II\/5\/23.1-507","metadata":false},{"id":79244,"structure_id":13964,"section_number":"23.1-507.1","catch_line":"Norfolk State University and Virginia State University; reduced rate tuition charges for certain students","url":"\/23.1-507.1\/","token":"23.1\/II\/5\/23.1-507.1","metadata":false},{"id":58546,"structure_id":13964,"section_number":"23.1-508","catch_line":"Special arrangement contracts; reduced rate tuition charges","url":"\/23.1-508\/","token":"23.1\/II\/5\/23.1-508","metadata":false},{"id":55025,"structure_id":13964,"section_number":"23.1-508.1","catch_line":"State Board; reduced rate tuition and mandatory fee charges; certain students who are active duty members of Armed Forces of the United States","url":"\/23.1-508.1\/","token":"23.1\/II\/5\/23.1-508.1","metadata":false},{"id":81209,"structure_id":13964,"section_number":"23.1-509","catch_line":"In-state tuition; surcharge","url":"\/23.1-509\/","token":"23.1\/II\/5\/23.1-509","metadata":false},{"id":81368,"structure_id":13964,"section_number":"23.1-509.1","catch_line":"Alternative tuition or fee structures","url":"\/23.1-509.1\/","token":"23.1\/II\/5\/23.1-509.1","metadata":false},{"id":61653,"structure_id":13964,"section_number":"23.1-510","catch_line":"Determinations of eligibility; appeals and guidelines","url":"\/23.1-510\/","token":"23.1\/II\/5\/23.1-510","metadata":false}],"previous_section":{"id":84399,"structure_id":13964,"section_number":"23.1-502","catch_line":"Eligibility for in-state tuition charges; domicile; domiciliary intent","url":"\/23.1-502\/","token":"23.1\/II\/5\/23.1-502","metadata":false},"next_section":{"id":79711,"structure_id":13964,"section_number":"23.1-504","catch_line":"Determination of domicile; exception; certain active duty and retired military personnel, etc","url":"\/23.1-504\/","token":"23.1\/II\/5\/23.1-504","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-503\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 422 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 15 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1985, chapters 179 and 572; in 1988, chapter 124; in 1989, chapter 371; in 1990, chapter 680; in 1991, chapter 590; in 1996, chapters 931<\/a> and 981<\/a>; in 1999, chapter 439<\/a>; in 2006, chapters 783<\/a>, 797<\/a>, and 806<\/a>; in 2007, chapters 108<\/a> and 491<\/a>; in 2008, chapter 723<\/a>; in 2011, chapters 38<\/a>, 44<\/a>, 782<\/a>, and 860<\/a>; in 2013, chapters 139<\/a>, 166<\/a>, and 243<\/a>; in 2014, chapter 341<\/a>; in 2016, chapter 588<\/a>; in 2020, chapter 512<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":184949,"object_type":"law","relational_id":70324,"identifier":"23.1-503","token":"23.1\/II\/5\/23.1-503","url":"\/23.1-503\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-503\/","token":"23.1\/II\/5\/23.1-503","dublin_core":{"Title":"Determination of domicile; rules; presumptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-503","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Students shall not ordinarily establish domicile<\/span> by the performance of acts that are auxiliary to fulfilling educational objectives or are required or routinely performed by temporary residents of the Commonwealth. Students shall not establish domicile<\/span> by mere physical presence or residence primarily for educational purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A married individual may establish domicile<\/span> in the same manner as an unmarried individual. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A nonmilitary student whose parent or spouse is a member of the Armed Forces of the United States may establish domicile<\/span> in the same manner as any other student. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any alien holding an immigration visa or classified as a political refugee may establish domicile<\/span> in the same manner as any other student. However, absent congressional intent<\/span> to the contrary, any individual holding a student visa or another temporary visa does not have the capacity to intend to remain in the Commonwealth indefinitely and is therefore ineligible to establish domicile<\/span> and receive in-state tuition charges. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The domicile<\/span> of a dependent student<\/span> shall be rebuttably presumed to be the domicile<\/span> of the parent or legal guardian (i) claiming him as an exemption on federal or state income tax returns currently and for the tax year prior to the date of the alleged entitlement<\/span> or (ii) providing him with substantial financial support<\/span>. The spouse of an active duty military service member, if such spouse has established domicile<\/span> and claimed the dependent student<\/span> on federal or state income tax returns, is not subject to minimum income tests or requirements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The domicile<\/span> of an unemancipated minor<\/span> or a dependent student<\/span> 18 years old or older may be the domicile<\/span> of either the parent with whom he resides, the parent who claims the student as a dependent for federal or Virginia income tax purposes for the tax year prior to the date of the alleged entitlement<\/span> and is currently so claiming the student, or the parent who provides the student with substantial financial support<\/span>. If there is no surviving parent or the whereabouts of the parents are unknown, then the domicile<\/span> of an unemancipated minor<\/span> shall be the domicile<\/span> of the legal guardian of such unemancipated minor<\/span> unless circumstances indicate that such guardianship was created primarily for the purpose of establishing domicile<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Continuously enrolled non-Virginia students<\/span><\/span> shall be presumed to be in the Commonwealth for educational purposes unless they rebut such presumption<\/span> with clear and convincing evidence<\/span> of domicile<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A non-Virginia student<\/span><\/span> is not eligible for reclassification as a Virginia student<\/span> unless he applies for and is approved for such reclassification. Any such reclassification shall only be granted prospectively from the date such application is received. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> A student who knowingly provides erroneous information in an attempt to evade payment of out-of-state tuition charges shall be charged out-of-state tuition for each term, semester, or quarter attended and may be subject to dismissal<\/span> from the institution. All disputes relating to the veracity of information provided to establish domicile<\/span> in the Commonwealth are appealable as set forth in § 23.1-510<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> No student shall be deemed ineligible to establish domicile<\/span> and receive in-state tuition charges solely on the basis of the immigration status of his parent. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATION OF DOMICILE; RULES; PRESUMPTIONS (\u00a7 23.1-503)\n\nA. Students shall not ordinarily establish domicile by the performance of acts\nthat are auxiliary to fulfilling educational objectives or are required or\nroutinely performed by temporary residents of the Commonwealth. Students shall\nnot establish domicile by mere physical presence or residence primarily for\neducational purposes.\n\nB. A married individual may establish domicile in the same manner as an\nunmarried individual.\n\nC. A nonmilitary student whose parent or spouse is a member of the Armed Forces\nof the United States may establish domicile in the same manner as any other\nstudent.\n\nD. Any alien holding an immigration visa or classified as a political refugee\nmay establish domicile in the same manner as any other student. However, absent\ncongressional intent to the contrary, any individual holding a student visa or\nanother temporary visa does not have the capacity to intend to remain in the\nCommonwealth indefinitely and is therefore ineligible to establish domicile and\nreceive in-state tuition charges.\n\nE. The domicile of a dependent student shall be rebuttably presumed to be the\ndomicile of the parent or legal guardian (i) claiming him as an exemption on\nfederal or state income tax returns currently and for the tax year prior to the\ndate of the alleged entitlement or (ii) providing him with substantial financial\nsupport. The spouse of an active duty military service member, if such spouse\nhas established domicile and claimed the dependent student on federal or state\nincome tax returns, is not subject to minimum income tests or requirements.\n\nF. The domicile of an unemancipated minor or a dependent student 18 years old or\nolder may be the domicile of either the parent with whom he resides, the parent\nwho claims the student as a dependent for federal or Virginia income tax\npurposes for the tax year prior to the date of the alleged entitlement and is\ncurrently so claiming the student, or the parent who provides the student with\nsubstantial financial support. If there is no surviving parent or the\nwhereabouts of the parents are unknown, then the domicile of an unemancipated\nminor shall be the domicile of the legal guardian of such unemancipated minor\nunless circumstances indicate that such guardianship was created primarily for\nthe purpose of establishing domicile.\n\nG. Continuously enrolled non-Virginia students shall be presumed to be in the\nCommonwealth for educational purposes unless they rebut such presumption with\nclear and convincing evidence of domicile.\n\nH. A non-Virginia student is not eligible for reclassification as a Virginia\nstudent unless he applies for and is approved for such reclassification. Any\nsuch reclassification shall only be granted prospectively from the date such\napplication is received.\n\nI. A student who knowingly provides erroneous information in an attempt to evade\npayment of out-of-state tuition charges shall be charged out-of-state tuition\nfor each term, semester, or quarter attended and may be subject to dismissal\nfrom the institution. All disputes relating to the veracity of information\nprovided to establish domicile in the Commonwealth are appealable as set forth\nin § 23.1-510.\n\nJ. No student shall be deemed ineligible to establish domicile and receive\nin-state tuition charges solely on the basis of the immigration status of his\nparent.\n\nHISTORY: 1984, c. 422, \u00a7 23-7.4; 1985, cc. 179, 572; 1988, c. 124; 1989, c.\n371; 1990, c. 680; 1991, c. 590; 1996, cc. 931, 981; 1999, c. 439; 2006, cc.\n783, 797, 806; 2007, cc. 108, 491; 2008, c. 723; 2011, cc. 38, 44, 782, 860;\n2013, cc. 139, 166, 243; 2014, c. 341; 2016, c. 588; 2020, c. 512.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}