NJ Tuition Eligibility
 
Residency/NJ Tuition Assessment
Spring and Fall 2010

Please read all the information below. We reserve the right to audit the residency information provided by any student who intends to enroll at Rutgers.


Residency Policy for New Jersey Tuition Assessment

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


Domicile is defined as the place where a person has his or her true, fixed, permanent home and principal establishment, and to which, whenever he or she is absent, he or she has the intention of returning. Individuals domiciled in New Jersey for a period of 12 months before first enrolling at Rutgers University are presumed to be legal residents of the state for tuition purposes. Dependent students under the age of 24 are generally presumed to be domiciled in the state in which their parent(s) or legal guardian(s) are domiciled. In those cases in which a dependent student with out-of-state parent(s) or legal guardian(s) has resided in New Jersey for 12 consecutive months prior to enrollment, the student may petition on his/her own to establish domicile in the state. Persons residing in New Jersey for less than 12 months before first enrolling at Rutgers University are presumed not to be domiciled in the state for tuition purposes.


Individuals residing in New Jersey for less than 12 months, or who will become legal residents of New Jersey prior to enrollment at Rutgers and plan to establish a legal domicile in New Jersey, must complete the New Jersey Residency Petition. See the instructions below.


Noncitizens who are in the United States with valid resident immigrant visas or special refugee visas (i.e., holders of either the Alien Registration Receipt Card [green card], I-551, I-151, I-551C, I-94, or I-94A with refugee status, asylum granted, or indefinite parole) or eligible visa classifications (A, E, G or T-visa) will be considered the same as United States citizens for purposes of assessing tuition. Other noncitizens who are in the United States on temporary visas (not permitted to establish a legal domicile in the U.S.), such as B, C, D, F, H, I, J, K, L, M, O, R, TD, TN, and NATO classifications, or holders of the Employment Authorization Card, are classified as nonresidents for tuition assessment regardless of how long they have been residing in New Jersey.



If you are a U.S. citizen or eligible noncitizen and meet the criteria in either category below, you do not need to complete the New Jersey Residency Petition at this time. Evidence to support a claim of New Jersey domicile includes, but is not limited to, filing a New Jersey resident income tax return (or status as a legal resident nonfiler) and having a long-term lease or deed to a residence in New Jersey.



Dependent students born on or after January 1, 1987 (for fall 2010 applicants) or January 1, 1986 (for spring 2010 applicants) are generally presumed to be dependents of their parent(s) or U.S. court-appointed legal guardian(s). You may declare New Jersey residency based upon your New Jersey parent/U.S. court-appointed legal guardian if that individual has maintained a legal domicile in the state for one or more years immediately prior to your anticipated enrollment and will have filed a New Jersey resident income tax return for 2009 or is a legal resident nonfiler. In cases of legal guardianship, you must provide a certified copy of the U.S. court document granting guardianship. A certified copy must come directly from the court. Guardianship papers issued by your school are not acceptable. Dependent students who have resided in New Jersey for at least 12 consecutive months prior to enrollment but whose parent(s)/legal guardian(s) reside out of state may petition for New Jersey residency based on themselves.

In addition, at least one of the following statements must be true for either yourself or your parent/U.S. court-appointed legal guardian:
  • You/They are a U.S. citizen.
  • You/They hold a valid Alien Registration Receipt Card (green card).
  • You/They have an approval stamp in your/their passport showing valid I-551, I-151, I-551C, or I-94 with refugee status, asylum granted, or indefinite parole.
  • You/They are the holder of a valid A, E, or G visa.

Independent students are those individuals who were born before January 1, 1987 (for fall 2010 applicants) or January 1, 1986 (for spring 2010 applicants). You may declare New Jersey residency as an independent student if you are a citizen or eligible noncitizen and have maintained a legal domicile in New Jersey for one or more years immediately prior to your anticipated enrollment and will have filed a New Jersey resident income tax return for 2009 or are a legal resident nonfiler.


If you do not meet the above guidelines and consider yourself to be a legal resident of New Jersey, please review the instructions below and complete the New Jersey Residency Petition.

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Who Should Complete the New Jersey Residency Petition?

1. Dependent Students If you circle category A under question 1 of the New Jersey Residency Petition, additional documentation is required. If your parent/U.S. court-appointed legal guardian is in the U.S. military and either has a New Jersey Home of Record or is living in New Jersey, you must attach either a copy of the New Jersey Home of Record or a copy of the orders verifying that your parent/legal guardian is living in New Jersey.

 

If your New Jersey parent/U.S. court-appointed legal guardian will have resided in New Jersey less than 12 months at the time of your enrollment and you consider New Jersey your legal domicile, you may petition for New Jersey residency. Circle category A under number 4 on the New Jersey Residency Petition and follow the instructions under Living in New Jersey for Less Than 12 Months.

2. Independent Students (age 24 or older) If you circle any of the categories under question 2 of the New Jersey Residency Petition, additional documentation is required as follows:

A. Active Duty Military in the U.S. Armed Forces
You must attach either a copy of your New Jersey Home of Record or military orders showing that you are living in New Jersey.

 

B. Married to/In Civil Union with a New Jersey Resident
You may claim New Jersey residency based upon a spouse or civil union partner who has maintained a legal domicile in this state for one or more years immediately prior to your anticipated enrollment if your spouse or civil union partner will have filed a New Jersey resident income tax return for 2009. You must be able to document the abandonment of your previous domicile (at the time of marriage/civil union) and show intent to establish domicile in New Jersey. You must attach a copy of your marriage/civil union certificate, a copy of your spouse’s/civil union partner’s New Jersey resident income tax return and W-2 form(s) for 2009 (a copy of the 2008 New Jersey resident income tax return and W-2 form(s) may be required), a copy of the New Jersey driver’s license for both you and your spouse/civil union partner, verification of your spouse’s/civil union partner’s U.S. citizenship/permanent resident status, and a copy of the lease/deed for the residence in New Jersey. If your spouse/civil union partner is serving in the U.S. military, you must attach either a copy of the New Jersey Home of Record or a copy of the orders verifying that your spouse/civil union partner is living in New Jersey, in addition to the marriage/civil union certificate.

 

C. Worked/Attended College outside of New Jersey
You must attach a copy of your New Jersey resident income tax return and W-2 form(s) for 2009 (a copy of your 2008 New Jersey resident income tax return and W-2 form(s) may be required), a copy of your New Jersey driver’s license, and a copy of the lease/deed for your residence in New Jersey. If you attended an out-of-state college in 2009 and/or 2010, you also must attach a letter from the registrar of that college verifying your nonresident status there.

3. Independent Students (under age 24) If you were born on or after January 1, 1987 (for fall 2010 applicants) or January 1, 1986 (for spring 2010 applicants), you may qualify as an independent student if you can circle at least one of the categories in question 3 of the New Jersey Residency Petition. If any of the categories under question 3 of the New Jersey Residency Petition apply to you, you must complete the Petition. Additional documentation is required as follows:

 


A. Ward of the Court/Both Parents Deceased
If you are a ward of the court (until age 18) or if both parents are deceased, you must attach documentation of your status.

 

B. Veteran of or Currently Serving in the U.S. Armed Forces
You must attach a copy of your New Jersey Home of Record or military orders showing that you are living in New Jersey if you are currently serving in the military. If you are a veteran, you must attach documentation of your honorable discharge. (You must meet all other residency requirements.)

 

C. Legal Dependents Other Than a Spouse
You must attach a copy of the birth certificate(s) for your dependent(s).

 

D. Unusual Family Circumstances Students born on or after January 1, 1987 (for fall 2010 applicants) or January 1, 1986 (for spring 2010 applicants) are generally presumed to be dependent upon their parent/legal guardian. In limited cases, however, applicants may rebut this presumption based on special and unusual circumstances that have resulted in a condition of financial independence. If you are making such a claim, you must show evidence of the special and unusual circumstances and document a history of financial independence from your parent/legal guardian. You must attach a personal statement and a letter from a disinterested third party (e.g., physician, member of the clergy, counselor, or other reputable community leader) attesting to the special and unusual circumstances that have resulted in your independence from your parent/legal guardian. You must attach copies of your 2008 and 2009 federal tax returns, 2008 and 2009 W-2 form(s), and copies of your most recent savings and checking account statements and investments.  You must also provide verification of your living arrangements for 2009 and 2010 (copy of lease, deed or rent receipts).   We also require a copy of your 2009 New Jersey resident income tax return and a copy of your New Jersey driver’s license. A copy of your 2008 New Jersey resident income tax return may be required. If you have not yet filed your 2009 federal or state return at the time you are submitting this form, you must submit your returns as soon as they have been filed. Your residency status will remain unresolved until we receive this documentation. 

 

Mail this documentation to:
Residency Analyst
Office of University Undergraduate Admissions
Rutgers, The State University  of New Jersey
Room 202
65 Davidson Road
Piscataway, NJ 08854-8097
Documentation showing financial independence alone is insufficient to rebut the presumption of dependence upon your parent/legal guardian.

 

E. Married to a New Jersey Resident

You may claim New Jersey residency based upon a spouse who has maintained a legal domicile in this state for one or more years immediately prior to your anticipated enrollment if your spouse will have filed a New Jersey resident income tax return for 2009. You must be able to document the abandonment of your previous domicile (at the time of marriage) and show intent to establish domicile in New Jersey.   You must attach a copy of your marriage certificate, a copy of your spouse’s New Jersey resident income tax return and W-2 form(s) for 2009 (a copy of the 2008 New Jersey resident income tax return and W-2 form(s) may be required), a copy of the New Jersey driver’s license for both you and your spouse, verification of your spouse’s U.S. citizenship/permanent resident status, and a copy of the lease/deed for the residence in New Jersey. If your spouse is serving in the U.S. military, you must attach either a copy of the New Jersey Home of Record or a copy of the orders verifying that your spouse is living in New Jersey, in addition to the marriage certificate.   If you will have lived in New Jersey less than 12 months at the time of your enrollment and consider New Jersey your legal domicile, you may petition for New Jersey residency. Circle category A under number 4 on the New Jersey Residency Petition and follow the instructions under Living in New Jersey for Less Than 12 Months that follow.

 


4. Living in New Jersey for Less Than 12 Months

 

You may petition for New Jersey residency if you, your parent/legal guardian (if you are under age 24), or your spouse/civil union partner is a citizen or eligible noncitizen and has resided in New Jersey for less than 12 months prior to your anticipated date of enrollment but has abandoned the previous domicile and considers New Jersey to be the legal domicile. You must attach the following documentation for yourself if you were born before January 1, 1987 (for fall 2010 applicants) or January 1, 1986 (for spring 2010 applicants) or your spouse/civil union partner if you are basing your claim on marriage/civil union to a New Jersey resident, or your parent/legal guardian/spouse/civil union partner if you were born on or after January 1, 1987 (for fall 2010 applicants) or January 1, 1986 (for spring 2010 applicants):  

 

  • A copy of the 2009 New Jersey resident income tax return, if the move took place prior to December 31, 2009.
  • A letter from an employer stating when employment began and verifying that the position is permanent.
  • Copies of the first and most recent pay stubs verifying withholding of New Jersey state income taxes.
  • A copy of the New Jersey driver’s license and a copy of the lease/deed for the residence in New Jersey.
  • If you are basing your claim on a spouse/civil union partner, also include a copy of the marriage/civil union certificate and verification of your spouse’s/civil union partner's U.S. citizenship or permanent resident status. You must be able to document the abandonment of your previous domicile (at the time of marriage/civil union) and show intent to establish domicile in New Jersey.


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