ercmilla wrote:
I grew up in Virginia and actually attended UVA for undergrad. Upon graduation, I stayed in Virginia and worked for some time. About a year ago, I moved to Georgia (got a Georgia drivers license, Georgia address, and file taxes here because it's where I receive my check). However, I still have a residence in Virginia and I live/work in there for roughly 2 months every year. Would I be considered an in-state student by UVA at this point?
Either way, I figure it won't hurt to at least apply. Nothing to lose, lots to gain.
Someone else posted this, but it's worth a read—this is the statute on in-state tuition
http://leg1.state.va.us/cgi-bin/legp504 ... cod+23-7.4
It says that to get in-state tuition, you must "establish by clear and convincing evidence that for a period of at least one year immediately prior to the date of the alleged entitlement [which would be the first day of school], he was domiciled in Virginia and had abandoned any previous domicile, if such existed."
"Domicile" is defined as "the present, fixed home of an individual to which he returns following temporary absences and at which he intends to stay indefinitely. No individual may have more than one domicile at a time. Domicile, once established, shall not be affected by (i) mere transient or temporary physical presence in another jurisdiction or (ii) the establishment and maintenance of a place of residence in another jurisdiction for the purpose of maintaining a joint household with an active duty United States military spouse."
Notice the "intends to stay" language. To prove that, you must prove "domiciliary intent" which is "present intent to remain [in Virginia] indefinitely." The statue says that "[A]ll of the following applicable factors shall be considered [to determine domciliary intent]: continuous residence for at least one year prior to the date of alleged entitlement, except in the event of the establishment and maintenance of a place of residence in another jurisdiction for the purpose of maintaining a joint household with an active duty United States military spouse; state to which income taxes are filed or paid; driver's license; motor vehicle registration; voter registration; employment; property ownership; sources of financial support; military records; a written offer and acceptance of employment following graduation; and any other social or economic relationships with the Commonwealth and other jurisdictions."
To me, your time in Georgia sounds like a temporary absence for work, and that you never gave up your domicile in Virginia. In other words, you never intended to stay in Georgia indefinitely, and always considered Virginia your permanent home, as reflected by the fact that you kept a residence here. But I wonder if your absence for the past year will go against a finding of "domiciliary intent." Probably the kind of question that you can only get answered by applying for in-state tuition.
