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Residency Requirements for In-State Tuition

About This Policy

Last Updated
10/14/2022
Responsible Office
Finance and Treasury

Montclair State University determines state residency for tuition purposes according to New Jersey Administrative Code 9A:5-1.1 through 1.2, which requires that a student must be legally domiciled** in the state of New Jersey for at least twelve (12) months immediately prior to enrollment in order to be charged in-state tuition. All students domiciled outside of the state are charged out-of-state tuition. Dependent students are presumed to be domiciled in the State in which their parent or legal guardian claims them on their tax form.

The use of the term “domicile” means the place where a person has his/her true, fixed, permanent home and principal living establishment, and to which, whenever he/she is absent, he/she has the intention of returning. Permanent Home means a residence that you maintain permanently as your principal residence (main home), whether or not you own it.  Your home is not considered permanent if you maintain it only during a temporary period of time to accomplish a specific purpose (e.g., education, temporary job assignment). The type of documents the University will consider as evidence of domicile in the state of New Jersey are listed below.

Some financial aid is awarded based on state eligibility requirements, including a determination of residency.

First-time Matriculated Students: First-time matriculated students must certify their state of domicile on the Admissions Application Form. Students may be required to provide additional proof upon request by the University to qualify for in-state tuition. Legal residency in the state of New Jersey must be established for 12 consecutive months prior to the date of enrollment.  Failure to establish such residency and failure to establish that the student qualifies for an exemption will result in the student being charged out-of-state tuition by the University.

If a student is from another state or country and has enrolled in any type of educational institution in New Jersey prior to applying to Montclair, they will be presumed to be in New Jersey primarily for educational purposes and will be presumed not to have established a domicile in New Jersey.   Although the student may present proof to overcome these presumptions, it must be noted that continued residence in New Jersey during vacation periods or occasional periods of interruption to the course of study do not in and of themselves overcome the presumptions. Students are still considered out of state.

Below is a list of specific student classifications and their consideration for in-state tuition based upon considerations other than residence.

Military Personnel and Domicile: By action of the New Jersey legislature (N.J.S.A. 18A: 62-4.1). United States military personnel and their dependents that are living in New Jersey shall be regarded as domiciled within and residents of the state for in-State tuition purposes.  Such students may provide, as proof of domicile, evidence of their or their parent(s)’ military status.

International Students: Undergraduate students from partner institutions located outside of the United States and who study under a F-1 or J-1 visa  at the University are not eligible for in-state tuition regardless of how long they have lived in New Jersey.

A possible exception to the above statement is if a J-1 student coming to Montclair State with an agreement or Memorandum of Understanding may be eligible for in-state rates but will require approval from the Director of International Academic Initiatives.

Undocumented Students, Dependents of H-1B, O-1 or O-2 Visa Holders and T or U Student Visas: Pursuant to N.J.S.A. 18A:62-4.2, N.J.S.A. 18A:64-4.4 and N.J.S.A. 18A:62-4.6, undocumented or DACA students, dependents of H-1B, O-1 or O-2 visa holders, and students with T or U Visas are exempt from out-of-state tuition and eligible for in-state tuition if they demonstrate: (1) they attended high school in the state of New Jersey for 3 or more years; and (2) they graduated from high school or received the equivalent of a high school diploma in New Jersey; or (3) they registered for the first time or are currently enrolled in a public higher education institution no earlier than the Fall 2013 semester; and (4) they file an affidavit with the University stating they have filed an application to legalize their immigration status or will file such application as soon as they are eligible to do so.  Refer to the website below for resources and information for Montclair State University students who are undocumented and/or DACA recipients.  The  Montclair State University In-State Tuition Request Affidavit to be submitted by Undocumented/DACA students and dependents of H-1B visa holders is available at the link below.  The completed affidavit must be submitted to Montclair State University, Office of Undergraduate Admissions, 1 Normal Avenue, Montclair, NJ, 07043

As per previous approval, documented in 2021, L-2 and A-2 visas are eligible for in state status.  Any other international student in nonimmigrant status (F-1, J-1, etc.) will be classified as an international nonresident (out of state) for the purpose of assessment of tuition.  The new law may also grant T and U visa holders may be eligible for state financial aid, grants and scholarships pursuant to N.J.S.A. 18A:71B-2.6 to pay for college if all necessary paperwork is completed.

Evidence / Proof of Residence/Domicile

The standards for proof of residence or domicile in the state of New Jersey for 12 months in order to be eligible for in-state tuition are set forth in N.J.A.C. 9A:5-1.2.

The New Jersey Higher Education Student Assistance Authority (NJHESAA) may also require certain documents to establish proof of residency. These same documents may be requested by the Office of Student Accounts and/or the Admissions Office to verify proof of residency.

Students with pending Refugee or Asylum applications are considered international students and are not eligible for in-state tuition unless they hold a T or U visa, or are a dependent of a parent or garden who holds an H-1B, O-1 or O-2 visa, or qualify for residency via the Dream Act.

Residence established solely as a result of or for the purpose of attending a NJ College or University does not constitute domicile for in-state tuition. A student must present evidence of his/her domicile to the University to qualify for resident tuition rates.

The University requires one of the following be submitted to establish proof of residence in the state of New Jersey: (1) NJ driver’s license, (2) motor vehicle registration or (3) voter registration card

In addition, the University requires no less than 3 of the following to establish proof of residence in the state of New Jersey:

  • A copy of his/her New Jersey resident Income tax return (redacting any tax identification numbers such as SS#);
  • A copy of the student’s parent(s)or legal guardian(s)’ NJ income tax return for the most recent tax year;
  • Evidence of ownership or a long-term lease on a permanent residence for a period of one year by the student or the student’s parent(s) or legal guardian;
  • A sworn, notarized statement from the student and/or his /her parent(s) or legal guardian declaring domicile in NJ for a period of one year;
  • Proof of employment in the state of New Jersey for a period of one year

Submit this documentation to a representative from Red Hawk Central in an envelope for the Office of Student Accounts.  Additional documentation may be required upon request by the Office of Student Accounts. If you have any further questions, you can email studentaccou@mail.montclair.edu.

Change in Status

Students whose state of domicile changes to the state of New Jersey during the academic year and who wish to request a change in status must complete and submit an appeal Residency Requirements – Appeal for In-State Tuition Form and provide all necessary documentation by the first day of courses for the term.  If the appeal or change of status is approved for NJ Residency, the student will be charged in-state tuition for the current semester when approval was issued, and any future semesters the student is enrolled and domiciled in the state of New Jersey.  In-state tuition will not be applied retroactively for semesters that have been completed prior to approval by the University.

The first day of the term, and other information, can be found on the Important Dates (www.montclair.edu/student-services/important-dates/).

Appeals

A student who disagrees with the University’s initial determination of domicile shall be entitled to file, with the University, an appeal requesting reconsideration.  The request must be submitted to Red Hawk Central and identify information that was submitted by the student to be reconsidered, and any additional information the student wishes to be considered.  An Office of Student Accounts representative or its designee shall act on the request for reconsideration whose decision shall be final.

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