- What are the general guidelines for in-state classification if I am a dependent?
- I have several close relatives who are Oklahoma residents. If they claim me as a dependent and I reside with them, can I gain in-state status?
- If my parents own property or a second home and pay state of Oklahoma property taxes, will I qualify for in-state reclassification?
- What are the general guidelines for in-state classification if I am an independent person responsible for my own care, custody and support (not claimed as a dependent on anyone else's Federal Income Tax Return)?
- Can I qualify for in-state status if I am a documented foreign national?
- Is special consideration given to full-time, active duty military?
- Is special consideration given to military veterans?
- Are ROTC students eligible for In-State status?
- Is special consideration given to independent persons who have relocated to Oklahoma to work full-time, but have not yet lived in Oklahoma for 12 months?
- Is special consideration given to students whose families live in another state but have a parent who works full-time in Oklahoma?
- Can I qualify for in-state status if I marry someone who has already established domicile in Oklahoma and is recognized as in-state?
- I am currently classified as in-state at another Oklahoma college or university. Will this automatically qualify me for in-state classification at OSU?
- Can I qualify for in-state classification if I am an undocumented foreign national?
If a person is under the care, custody or support of a parent or legal guardian (claimed as a dependent on the parent/legal guardian's most recent Federal Income Tax Return), his or her state of residence will be generally considered that of the parent/guardian.
Unless residency has been established in another state, an individual who resided in Oklahoma at the time of graduation from an Oklahoma high school and resided in the state with a parent/legal guardian for at least two years prior to graduation from high school will generally be eligible for in-state status.
In-state/out-of-state classification for students with circumstances where one parent/guardian is an established Oklahoma resident but another parent/guardian is domiciled outside Oklahoma will be considered on a case-by-case basis.
No. Your residency is that of your parent/legal guardian. A legal guardian is a person who has been court appointed to care for a minor child. Being claimed as a dependent by and residing with a close relative does not meet the criteria for in state reclassification. The close relative would have to be your court appointed legal guardian in order to gain their resident status.
No. If you are a dependent, your residency status is based on the location of your parent’s permanent domicile. This is considered to be your parent’s fixed, permanent home and where you (or your parents) habitually reside. Since domicile has two components, residence and intent to remain indefinitely, a person can have more than one residence but only one domicile.
What are the general guidelines for in-state classification if I am an independent person responsible for my own care, custody and support (not claimed as a dependent on anyone else's Federal Income Tax Return)?
An independent person may be eligible for in-state status at his or her next term of enrollment once he or she has lived in the state for at least a year, not primarily as a student (individuals attending school on more than a *half-time basis are considered to be in the state on a temporary basis and not to establish domicile), can document that he or she has provided for his or her own care and support, and can satisfactorily prove that he or she has come to Oklahoma to establish domicile. Domicile is a person's true, fixed, permanent home or habitation. It is the place where he or she intends to remain and to which he or she expects to return. A person can have more than one residence, but only one domicile.
*Half-time enrollment for undergraduate students is 6 hours in a regular semester (Spring/Fall) and 3 hours in a Summer session. Half-time enrollment for graduate students is 4 hours in a regular semester (Spring/Fall) and 2 hours in a Summer session.
A documented foreign national is a person who was born outside the jurisdiction of the United States (U.S.), is a citizen of a foreign country, and has not become a naturalized U.S. citizen, but has entered the U.S. by way of legal documentation such as a visa.
Documented foreign nationals may be eligible for in-state status if they have been granted lawful permanent resident status by the USCIS and meet other requirements for in-state status as outlined above. Students attending OSU with other visas are not eligible for in-state classification.
However, documented foreign nationals who are present with visas that allow full-time employment and can provide proof of having come to Oklahoma to practice a profession on a full-time basis, conduct a business full-time, or work on a full-time basis may be eligible for an out-of-state tuition waiver. Spouses and dependent children of these individuals may also qualify for out-of-state tuition waivers.
A member of the U.S. Armed Forces (Army, Navy, Air Force, Marine Corps, and Coast Guard) who provides evidence that he or she is full-time active duty stationed in Oklahoma may be immediately eligible for in-state status without meeting other domiciliary requirements listed above. The in-state status eligibility also applies to the members' spouse and dependent children.
Dependent children of members of the military reserve on full-time active duty shall be immediately classified upon admission as in-state status provided that Oklahoma is the home of record and the student maintains continuous enrollment. These dependent children shall retain in-state status without the 12 month requirement provided that the member of the military reserve was discharged or released under conditions other than dishonorable and as long as the student remains continuously enrolled. For the purpose of this section, “home of record” is the location where the reservist enlisted, reenlisted, or was commissioned into the military.
Further, when a member of the U.S. Armed Forces is transferred out-of-state, the member (along with his or her spouse and dependent children) is eligible to retain his or her in-state classification as long as he or she remains continuously enrolled at OSU.
A person who, by virtue of their relationship with an individual on active military duty, is entitled to receive transferred Chapter 30 or 33 VA educational benefits and resides in the state of Oklahoma with an intent to establish residence in the state, is immediately eligible for in-state status without meeting other domiciliary requirements listed above. Documentation requirements include providing proof of active duty service, VA benefit eligibility, and current residence in Oklahoma, as well as a letter of intent to establish residence in Oklahoma. (Effective July 1, 2017)
A veteran who has been discharged or released from active duty military service of 90 days or more, less than 5 years of the date of enrollment at OSU, who is pursuing a course of education under Chapters 30 or 33, and resides in the state of Oklahoma with an intent to establish residence in the state, is immediately eligible for in-state status without meeting other domiciliary requirements listed above. The in-state status eligibility also applies to the veterans’ spouse and dependent children. Documentation requirements include providing a copy of the veteran’s DD-214 showing his or her date of release from active duty service and proof of current residence in Oklahoma. (Effective July 1, 2015)
Pursuant to Title 38 of the United States Code (U.S.C.) 3679(c), individuals using educational assistance under Chapter 31, Vocational Rehabilitation and Employment (VR&E), will be eligible for in-state status if she/he files, with the institution within the State System at which the student intends to register, a letter of intent to establish residence in the state of Oklahoma along with residing in the state while enrolling in the institution. (Effective March 1, 2019 and beginning with the Summer 2019 term)
Students who are active participants in one of OSU’s ROTC programs (or are receiving full or partial ROTC scholarships) will be immediately eligible for in-state status without meeting other domiciliary requirements listed above during their term(s) of participation. The appropriate Army or Air Force ROTC office will determine whether a student meets the participation/scholarship criteria for the program. Students’ participation will be reviewed each subsequent semester to retain in-state classification. Student who do not remain an active participant/scholarship recipient in ROTC will be reclassified as out-of-state.
Independent U.S. citizens or lawful permanent residents who provide sufficient evidence of having come to Oklahoma to work full-time may qualify for in-state classification without the 12-month domiciliary requirement. Full-time employment must precede enrollment in any institution of higher education in Oklahoma. However, the individual must provide documentation of his or her continued full-time employment in Oklahoma before the beginning of each subsequent semester of enrollment to retain in-state classification until such time that he or she independently establishes in-state status. Full-time workers who do not provide continued documentation of full-time employment as required by the University will be reclassified as out-of-state.
OSU offers an Out-of-State Oklahoma Income Tax tuition waiver for students who can satisfactorily document that they meet one of the 2 criteria below:
A dependent student’s parent (or an independent student) works full-time in Oklahoma and pays Oklahoma state income tax, but is domiciled in another state (ex: lives in Kansas but works full-time in Oklahoma, and pays Oklahoma state income tax for the income earned in Oklahoma). Independent students should provide evidence that their full-time work in Oklahoma preceded their enrollment in an Oklahoma school.
A dependent student’s family is domiciled in another state and has a farm or other full-time business in Oklahoma, and pays Oklahoma state income tax on the Oklahoma business.
To apply for the Out-of-State Oklahoma Income Tax tuition waiver, students should submit a completed Petition for In-State Status to the Office of the Registrar before their first semester with supporting documentation attached. These petitions will be considered on a case-by-case basis.
Each spouse in a family shall establish his or her own status on a separate basis. Exceptions include the following:
- When an individual with out-of-state status marries a person with established in-state status, the out-of-state individual may be considered in-state after documentation of the marriage and proof of domicile are satisfied without the 12-month domiciliary waiting period. The marriage exception applies only to lawful permanent residents and citizens.
- Exceptions for spouses of full-time active duty military stationed in Oklahoma and spouses of full-time Oklahoma workers, as specified in sections 3.18.7 and 3.18.8 of the policy.
Not necessarily. While all public Oklahoma institutions of higher education follow the same policy to determine in-state/out-of-state status (Oklahoma State Regents for Higher Education policy 3.18), each institution is responsible for evaluating the residence status of its enrolled students. Residency factors can change from the time a student is admitted at one institution to the time that student transfers to another school, and these factors may change a student’s status from out-of-state to in-state, or vice versa. The institution to which a student transfers is not bound by the in-state/out-of-state classification previously determined. The burden of proof to establish in-state status is upon the student, and each case is judged on its own merit.
Upon admission to Oklahoma State University, your Oklahoma residency status will be evaluated from the information provided in your application materials and you will be notified of your in-state/out-of-state status in writing (typically in your letter or email of admission). If you are classified as out-of-state and want to request a further review of your status, you may submit a Petition for In-State Status and include appropriate supporting documentation (see Section 2 of the petition form for suggested documentation). It may be helpful for you to include a certified letter from your current Oklahoma college/university indicating their classification of your residency status, but this document alone will not determine your residency status at OSU.
In accordance with Oklahoma House Bill 1804, students who cannot present OSU with valid documentation of U.S. citizenship or an immigration status permitting study at a U.S. institution but who have (1) graduated from a public or private high school in Oklahoma, and (2) resided in Oklahoma with a parent or legal guardian for at least two years prior to high school graduation, may be eligible for enrollment and an out-of-state tuition waiver if they file an Affidavit of Intent with OSU, or can provide the institution with a copy of a valid application or petition with the USCIS to legalize his or her immigration status.