                                 CODE OF VIRGINIA

DETERMINATION OF DOMICILE; RULES; PRESUMPTIONS (§ 23.1-503)

A. 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.

B. A married individual may establish domicile in the same manner as an
unmarried individual.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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 &#xA7; 23.1-510.

J. 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.

HISTORY: 1984, c. 422, § 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.