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Procedure

06.01.020.c Special Rules for Domicile

 

 

 

 

In addition to establishing a person’s domicile, the determination of domicile and residence status for tuition purposes is also affected by special rules set out in North Carolina statues.  For some, but not all, of these special rules, eligible nonresidents remain classified as out-of-state students and are charged in-state tuition rates.  For more specific information regarding these special results, consult the Residency Determination Service (RDS) Manual.

These special rules impact the following categories of students:

  1. Minors;
  2. Members of the Armed Forces and their families;
  3. Non-military federal personnel, volunteers and missionaries;
  4. Non-U.S. citizens;
  5. Prisoners/inmates;
  6. Married persons; and
  7. Special Exemptions for certain community college students:
    • Business-sponsored students – When an employer (other than the armed services) pays tuition for an employee to attend a community college and the employee works at a North Carolina business location, the employer shall be charged the in-state tuition rate.
    • Business and military transferred families – A community college may charge in-state tuition to up to one percent (1%) of its out-of-state students (rounded up to the next whole number) to accommodate the families transferred into North Carolina by business or industry, or civilian families transferred into North Carolina by the military. A student seeking this benefit shall provide evidence of the following:
      • Relocation to North Carolina by the student and if applicable, the student’s family, within the 12 months preceding enrollment;
      • Written certification by the employer on corporate letterhead that the student or some member of the student’s family was transferred to North Carolina for employment purposes;
      • Certification of student’s compliance with the requirements of the Selective Service System, if applicable; and
      • If a family member of the transferred individual is applying for this benefit, the family member must also establish the familial relationship with the transferred individual; live in the same residence as the transferred individual; and provide evidence of financial dependence on the transferred individual.
    • Students sponsored by a non-profit entity – A lawfully admitted nonresident of the United States who is sponsored by a North Carolina non-profit entity is eligible for the in-state resident community college tuition rate.  The student is considered to be “sponsored” by a North Carolina nonprofit entity if the student resides in North Carolina while attending the community college and the North Carolina nonprofit entity provides a signed affidavit to the community college verifying that the entity accepts financial responsibility for the student’s tuition and any other required educational fees.  A North Carolina nonprofit may sponsor no more than five nonresident students annually under this provision.  This provision does not make a person a resident of North Carolina for any other purpose.
    • N.C. public school graduates – Any person lawfully admitted to the United States who satisfied the qualifications for assignment to a public school under North Carolina law (G.S. 115C-366) and graduated from the public school to which the student was assigned shall be eligible for the in-state resident community college tuition rate.
    • Refugees – A refugee who lawfully entered the United States and who is living in this State shall be deemed to qualify as a domiciliary of this State under G.S. 116-143.1(a)(1) and as an in-state resident for community college tuition purposes. While the refugee must live in North Carolina to be eligible for in-state tuition, the refugee is not required to be domiciled in North Carolina for the 12-month qualifying period.
    • Nonresidents of the United States – A nonresident of the United States who has resided in North Carolina for a 12-month (365 days) qualifying period and has filed an immigrant petition (Forms I-130, I-360, or I-140) with the United States Citizen and Immigration Service (USCIS) shall be considered a North Carolina resident for community college tuition purposes.
    • Federal law enforcement officers, firefighters, EMS personnel and rescue and life-saving personnel – Federal law enforcement officers, firefighters, EMS personnel, and rescue and lifesaving personnel whose permanent duty stations are within North Carolina are eligible for the State resident community college tuition rate for courses that support their organizations’ training needs.  The State Board of Community Colleges must approve the courses designed to support law enforcement officers, firefighters, EMS personnel, and rescue and lifesaving personnel’s training needs prior to the college awarding the State resident community college tuition rate.

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