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Residency Requirements for In-State Tuition

About This Policy

Last Updated
02/26/2020
Responsible Office
Finance and Treasury

Montclair State University determines state residency for tuition purposes according to New Jersey Administrative Code 9A:5-1.1-1.2, 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.

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 domicile on the Admissions Application Form. Students may be required to provide additional proof upon request to qualify for in-state tuition. It is university policy that legal residency must be established for 12 consecutive months prior to the date of enrollment.

Students must request a change in status, for any semester/term, by completing the affidavit and or appeal, and providing all necessary documentation prior to the end of the requested semester.  The last day of the term, and other information, can be found on the Important Dates Calendar (www.montclair.edu/student-services/important-dates/).  If approved for NJ Residency, it will apply to the current and/or next/ future term possible.  Retroactive assessments for previous semesters/terms are not performed.

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 residents of the state for tuition purposes.

International Students from Partnership Institutions: International undergraduate students from partner institutions who meet the qualifications for admittance to the University are eligible for in-state tuition.

Undocumented Students: Refer to the website below for resources and information for Montclair State University students who are undocumented and/or DACA recipients. If you would like to apply for in-state tuition under the NJ Dream Act (P.L. 2013, c. 170 [NJ Senate Bill 2479]), please print and complete the Montclair State University In-State Tuition Request Affidavit found on the web site below.  Once completed, submit the form to Montclair State University, Office of Undergraduate Admissions, 1 Normal Avenue, Montclair, NJ, 07043

** 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.

Establishing Proof of Residency

New Jersey Administrative Code 9A:5 governs the university’s policy on legal residency, which requires that individuals/students be domiciled in the state for 12 months before becoming eligible for in-state tuition.

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

The residence of a student is defined in terms of domicile, or the place of the permanent home. Residence established for the purposes of attending a particular college cannot be considered as fulfilling the definition of domicile. A dependent student is presumed to be a legal resident of the state in which his/her parent(s) or legal guardian(s) is a resident.

Aside from H-4 dependent children, international students are not eligible to pay in-state tuition unless they receive Lawful Permanent Resident (LPR) status (a green card) and comply with the definition of “domicile” as described above. Any other international student in nonimmigrant status (F-1, J-1, O-3, H-4 [dependent spouse], etc.) will be classified as a nonresident for the purpose of assessment of tuition unless the student has been otherwise notified by the Office of International Engagement. H-4 dependent children (not spouses) who meet the following criteria are also eligible for in-state tuition according to New Jersey S2555, signed into law on January 21, 2020: 1) attended a New Jersey high school for three or more years; 2) graduated from a New Jersey high school or received the equivalent of a high school diploma in New Jersey; and 3) register[ed] as an entering student or are currently enrolled in a public institution of higher education not earlier than the fall semester of the 2013-2014 academic year. Please refer to the University DACA/Undocumented Student Resources website for more information.

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

Such evidence must include:

  • NJ driver’s license, motor vehicle registration or voter registration card or
  • Permanent residents must provide their green card showing permanent residency status issued one year prior to the term in which they are requesting the lower tuition rate.

A minimum of 3 from the list below:

  • A copy of his/her New Jersey resident Income tax return (please block out any identifying numbers such as SS#)
  • A copy of the 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
  • 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
  • Any proof of employment in the state for a period of one year

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

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