Legal Residency Requirements for Fee and Tuition Purposes

Rules regarding the establishment of legal residence for tuition and fee purposes for institutions of higher education are governed by Title 59, Chapter 112 of the 1976 South Carolina Code of Laws, as amended. The guidelines for residency determinations for fee and tuition purposes are governed by South Carolina Code of Laws and South Carolina Commission on Higher Education regulations. Under the guidelines, residency for fees and tuition can be established by independent citizens, dependent students, military, and certain aliens.

The initial determination of one’s resident status is made at the time of admission. The
determination made at that time, and any determination made thereafter, prevails for each subsequent semester until information becomes available that would impact the existing residency status and the determination is successfully challenged. The burden of proof rests with the students to show evidence as deemed necessary to establish and maintain their residency status.

Definitions

“Domicile” is defined as the true, fixed, principal residence and place of habitation. It indicates the place where a person intends to remain, or to where one expects to return upon leaving without establishing a new domicile in another state. For purposes of this section, one may have only one legal domicile. Housing provided on an academic session basis for students at institutions shall be presumed not to be a place of principal residence, as residency in such housing is by its nature temporary.

“Independent Person” is one who is eighteen years of age or older, or an emancipated minor, whose predominant source of income is his/her own earnings or income from employment, investments, or payments from trusts, grants, scholarships, loans from commercial institutions, or payments made in accordance with court order. An independent person must provide more than half of his/her support during the twelve months immediately prior to the date that classes begin for the semester for which resident status is requested. An independent person cannot be claimed as a dependent or exemption on the federal tax return of his/her parent, spouse, or guardian for the year in which resident status is requested.

Independent persons who have physically resided and been domiciled in SC for the twelve continuous months immediately preceding the date that classes begin for the semester for which resident status is claimed may qualify to pay in-state tuition and fees. The twelve-month residency period starts when the independent person establishes the intent to become a SC resident per section 62-605 entitled “Establishing the Requisite Intent to Become a South Carolina Domiciliary”. Absences from the State during the twelve-month period may affect the establishment of permanent residence for tuition and fee purposes.

“Resident” for tuition and fee purposes is an independent person who has abandoned all prior domiciles and has been domiciled in SC continuously for at least twelve months immediately preceding the first day of class of the term for which resident classification is sought and for whom there is an absence of domiciliary evidence in other states or countries.

“Reside” is defined as continuous and permanent physical presence within the State, provided that absences for short periods of time shall not affect the establishment of residence. Excluded are absences associated with requirements to complete a degree, absences for military training service, and like absences, provided SC domicile is maintained.

“Dependent Person” is one whose predominant source of income or support is from payments from a parent, spouse, or guardian and who qualifies as a dependent or exemption on the federal income tax return of the parent, spouse, or guardian. A dependent person is also one for whom payments are made, under court order, for child support and the cost of the dependent person’s college education. A dependent person’s residency is based upon the residency of the person upon whom he/she is dependent.

In the case of divorced or separated parents, the resident status of the dependent person may be based on the resident status of the parent who claims the dependent person as a dependent for tax purposes; or based on the resident status of the parent who has legal custody or legal joint custody of the dependent person; or based on the resident status of the person who makes payments under a court order for child support and at least the cost of his/her college tuition and fees.

“Parent” is defined as the father, mother, stepfather, stepmother, foster parent or parent of a legally adopted child.

“Spouse” is defined as the husband or wife of a married person in accordance with Title 20, Chapter 1 of the 1976 South Carolina Code of Laws, as amended.

“Guardian” is one legally responsible for the care and management of the person and property of a minor child or one qualified to claim a dependent person based upon the five tests for dependency prescribed by the Internal Revenue Service; provided, however, that where circumstances indicate that such guardianship or custodianship was created primarily for the purpose of conferring SC domicile for tuition and fee purposes on such child or dependent person, it shall not be given such effect.

“Non-resident Alien” is defined as a person who is not a citizen or permanent resident of the United States. By virtue of their non-resident status “non-resident aliens” generally do not have the capacity to establish domicile in South Carolina.

Independent non-citizens and non-permanent residents of the US will be assessed tuition and fees at the non-resident, out-of-state rate. Independent non-resident aliens, including refugees, asylees, and parolees may be entitled to resident, in-state classification once they have been awarded permanent resident status by the U.S. Department of Justice and meet all the statutory residency requirements provided that all other domiciliary requirements are met. Time spent living in SC immediately prior to the awarding of permanent resident status does not count toward the twelve-month residency period.

Certain non-resident aliens present in the United States in specified visa classifications are eligible to receive in-state residency status for tuition and fee purposes as prescribed by the Commission on Higher Education. They are not, however, eligible to receive state-sponsored tuition assistance/scholarships.

“Full-time employment” is defined as employment that consists of at least thirty-seven and one-half hours a week on a single job in a full-time status. However, a person who works less than thirty-seven and one-half hours a week but receives or is entitled to receive full-time employee benefits shall be considered to be employed full time if such status is verified by the employer. A person who meets the eligibility requirements of the Americans with Disabilities Act must satisfy their prescribed employment specifications in order to qualify as having full-time employment.

“Continue to be enrolled” is continuous enrollment without an interruption that would require the student to pursue a formal process of readmission to that institution. Formal petitions or applications for change of degree level shall be considered readmissions.

“Family’s domicile in this State is terminated” is defined as an employer-directed transfer of the person upon whom the student is dependent and is not construed to mean a voluntary change in domicile.

“Terminal Leave” is defined as a transition period following active employment and immediately preceding retirement (with a pension or annuity), during which the individual may use accumulated leave.

Establishing the Requisite Intent to Become a South Carolina Domiciliary

Resident status may not be acquired by an applicant or student while residing in SC for the sole purpose of enrollment in an institution or for access to state-supported programs designed to serve SC residents.

If a person asserts that his/her domicile has been established in this State, the individual has the burden of proof. Such persons should provide to the designated residency official of the College of Charleston any and all evidence the person believes satisfies the burden of proof. The residency official will consider any and all evidence provided concerning such claim of domicile, but will not necessarily regard any single item of evidence as conclusive evidence that domicile has been established.

For independent persons or the parent, spouse, or guardian of dependent persons, examples of intent to become a SC resident may include, although any single indicator may not be conclusive, the following indicia:

1. Statement of full-time employment;
2. Possession of a valid SC voter registration card;
3. Designating SC as state of legal residence on military record;
4. Possession of a valid SC driver’s license, or if a non-driver, a SC identification card. Failure to obtain this within 90 days of the establishment of the intent to become a SC resident will delay the beginning date of residency eligibility;
5. Possession of a valid SC vehicle registration card. Failure to obtain this within 45 days of the establishment of the intent to become a SC resident will delay the beginning date of residency eligibility;
6. Maintenance of domicile in SC;
7. Paying SC income taxes as a resident during the past tax year, including income earned outside of SC from the date SC domicile was claimed;
8. Ownership of principal residence in SC; and
9. Licensing for professional practice (if applicable) in SC.

The absence of indicia in other states or countries is required before the student is eligible to pay in-state rates.

Maintaining Residence

A person’s temporary absence from the State does not necessarily constitute loss of SC residency unless the person has acted inconsistently with the claim of continued SC residence during the person’s absence from the State. The burden is on the person to show retention of SC residence during the person’s absence from the State. Steps a person should take to retain SC resident status for tuition and fee purposes include:

1. Continuing to use a SC permanent address on all records;
   
2. Retaining SC voter’s status;
   
3. Maintaining SC driver’s license;
   
4. Maintaining SC vehicle registration;
   
5. Satisfying SC resident income tax obligation. Individuals claiming permanent residence in SC are liable for payment of income taxes on their total income from the date that they established SC residence. This includes income earned in another state or country.

Active duty members of the US Armed Forces and their dependents are eligible to pay in-state tuition and fees as long as they continuously claim SC as their state of legal residence during their military service. Documentation will be required in all cases to support this claim (SC income tax returns and DD2058 “State of Legal Residency Certificate”). SC residents who change their state of legal residence while in the military lose their SC resident status for tuition and fee purposes.

Effect of Marriage

In ascertaining domicile of a married person, irrespective of gender, such a review shall be
determined just as for an unmarried person by reference to all relevant evidence of domiciliary intent.

If a non-resident marries a SC resident, the non-resident does not automatically acquire SC resident status. The non-resident may acquire SC resident status if the SC resident is an independent person and the non-resident is a dependent of the SC resident.

Marriage to a person domiciled outside SC shall not be solely the reason for precluding a person from establishing or maintaining domicile in SC and subsequently becoming eligible or continuing to be eligible for residency.

No person shall be deemed solely by reason of marriage to a person domiciled in SC to have established or maintained domicile in SC and consequently to be eligible for or to retain eligibility for SC residency.

Effect of Change of Residency

Notwithstanding other provisions of this section, any dependent person of a legal resident of this State who has been domiciled with his/her family in SC for a period of not less than three years and whose family’s domicile in the State is terminated immediately prior to his/her enrollment may enroll at the in-state rate. A student must continue to be enrolled and registered for classes (excluding summers) in order to maintain eligibility to pay in-state rates in subsequent semesters. Transfers within or between SC colleges and universities of a student seeking a certificate, diploma, associate, baccalaureate, or graduate level degree does not constitute a break in enrollment.

If a dependent or independent person has been domiciled in SC for less than three years, eligibility for in-state rates shall end on the last day of the academic session during which domicile is lost. Application of this provision shall be at the discretion of the institution involved. However, a student must continue to be enrolled and registered for classes (excluding summers) in order to maintain eligibility to pay in-state rates in subsequent semesters.

Exceptions

Persons in the following categories qualify to pay in-state tuition and fees without having to establish a permanent home in the state for twelve months. Persons who qualify under any of these categories must meet the conditions of the specific category on or before the first day of class of the term for which payment of in-state tuition and fees is requested.

Military Personnel and their Dependents: Members of the US Armed Forces who are permanently assigned in SC on active duty and their dependents are eligible to pay in-state tuition and fees. When such personnel are transferred from the State, their dependents may continue to pay in-state tuition and fees for an additional twelve months. Such persons (and their dependents) may also be eligible to pay in-state tuition and fees for a period of twelve months after their discharge from the military, provided they have demonstrated an intent to establish a permanent home in SC and they have resided in SC for a period of at least twelve months immediately preceding their discharge. Military personnel who are not stationed in SC and/or former military personnel who intend to establish SC residency must fulfill the twelve-month“physical presence” requirement for them or their dependents to qualify to pay in-state tuition and fees.

Faculty and Administrative Employees with Full-time Employment and their Dependents: Full-time faculty and administrative employees of SC state-supported colleges and universities and their dependents are eligible to pay in-state tuition and fees.

Residents with Full-time Employment and their Dependents: Persons who reside, are domiciled, and are full-time employed in the State and who continue to work full-time until they meet the twelve-month requirement and their dependents are eligible to pay in-state tuition and fees, provided that they have taken steps to establish a permanent home in the State. Steps an independent person must take to establish residency in SC are listed under “Establishing the Requisite Intent to Become a SC Domiciliary.”

Retired Persons and their Dependents: Retired persons who are receiving a pension or annuity who reside in SC and have been domiciled in SC as prescribed in the Statute for less than a year may be eligible for in-state rates if they maintain residence and domicile in this State. Persons on terminal leave who have established residency in SC may be eligible for in-state rates even if domiciled in the State for less than one year if they present documentary evidence from their employer showing they are on terminal leave. The evidence should show beginning and ending dates for the terminal leave period and that the person will receive a pension or annuity when he/she retires.

SC residents who wish to participate in the Contract for Services Program sponsored by the Southern Regional Education Board must have continuously resided in the State for other than educational purposes for at least two years immediately preceding application for consideration and must meet all residency requirements during this two-year period.

Application for Change of Resident Status

Persons applying for a change of resident classification must complete a residency application and provide supporting documentation prior to a reclassification deadline as established by the institution. The burden of proof rests with those persons applying for a change of resident classification who must show required evidence to document the change in resident status. Applications should be directed to the Legal Residency Office, College of Charleston, Charleston, SC 29424.

Incorrect Classification

Persons incorrectly classified as residents are subject to reclassification and to payment of all non-resident tuition and fees not paid. If incorrect classification results from false or concealed facts, such persons may be charged tuition and fees past due and unpaid at the out-of-state rate. The violator may also be subject to administrative, civil, and financial penalties. Until these charges are paid, such persons will not be allowed to receive transcripts or graduate from a South Carolina institution.

Residents whose resident status changes are responsible for notifying the Residency Official of the institution attended of such changes.

The residency requirements are subject to change without notification.

Inquiries and Appeals

Inquiries regarding residency requirements and determinations should be directed to the Legal Residency Office, College of Charleston, Charleston SC 29424.

Any person, following a decision on his/her resident classification, may appeal the decision to the Appeals Official. She, however, is bound by the same laws and regulations as the residency officials, so her purpose is only to review the facts and details of any case brought before her to evaluate the correctness of the decision made by residency officials. Neither she nor residency officials may waive the provisions of the law or regulations.

Persons who appeal residency decisions must provide a letter to the Legal Residency Office informing the office that they want to appeal the decision made by the residency official. The letter must also include a summary of the person’s situation and a statement which specifies the residency provision under which the person feels he or she qualifies to pay in-state fees.

Information for Dependent Students* (Supplement to Residency Requirements)

"Dependent Person" is defined as one whose predominant source of income or support is from payments from a parent, spouse, or guardian and who qualifies for and is claimed as an exemption on the Federal income tax return of the parent, spouse, or guardian. A dependent person is also one for whom payments are made, under court order, for child support and the cost of the dependent person's college education.

If a non-resident student's parent(s) or spouse, who claims the student as a dependent for income tax purposes, lives or moves into the State, the student may be eligible for resident status by meeting the following guidelines and submitting the following forms, affidavits, and documentation to the Legal Residency Office:

1. Student application for resident status.
2. If one or both parents, or spouse have resided and established a domicile in South Carolina for less than the previous twelve months and their physical presence in the state is continuous and permanent, they must be:
1. Employed full-time in the State, and continue to be employed full-time until the twelve-month requirement is met. A letter to verify employment, on official company letterhead, must be provided to confirm the fact of full-time employment, the date such employment began, and the number of hours worked per week. (This documentation may also be requested if there is any question as to how long they have resided in the state.) Self-employed persons must submit a SC Business License.
2. Or Retired, residing in South Carolina, and receiving a pension or annuity.
3. Copies of valid South Carolina driver's licenses, voter registration cards, and motor vehicle registration certificates from BOTH student and parents or spouse.
4. If parents or spouse filed previous year's SC Resident taxes, copies of parents' or spouse's previous year's state return to verify taxes paid as SC residents. Previous year's Federal returns are required regardless of where state taxes were paid to verify dependency of student.
5. Affidavit(s) in which parents or spouse agree to file State and Federal income taxes as Residents of SC (a Nonresident SC return is acceptable ONLY when accompanied by a Part-Year return from the former state), and claim student as dependent on the Federal return. If one natural parent is a resident of another state, an affidavit and Federal income tax return is required from that parent, stating that parent does not and will not claim student.
6. All of student's addresses on file with the College are in South Carolina.

The dependent student and parent(s) are expected to abandon all prior domiciles and ties with the former state which may be considered evidence of permanent residence.

Application Deadlines: July 1 (Fall); November 1 (Spring); Deadline for Maymester and Summer Sessions is two weeks prior to the official first day of class. All documentation must be completed by the official first day of class or application will be denied for that semester.