In-State Tuition Eligibility

According to the Guidelines, a “dependent student means one who is listed as a dependent on the federal or state income tax return of the parent or legal guardian or who receives substantial financial support from the spouse, parent, or legal guardian”. The presumption is that a student under the age of 24 on the date of the alleged entitlement receives substantial financial support from the parent or legal guardian and therefore is a dependent on the parent or legal guardian, unless the student 

• is a veteran or an active duty member of the U.S. armed forces; 
• is a graduate or professional student; 
• is married; 
• is a ward of the court or was a ward of the court until age 18; 
• has no adoptive or legal guardian when both parents are deceased; 
• has legal dependents other than a spouse; or, 
• is able to present clear and convincing evidence that he is financially self-sufficient. 

If the applicant is a dependent student, not an emancipated minor, i.e. the applicant is claimed as a tax dependent by his/her parents/legal guardian, the applicant may be eligible for in-state privileges IF the parent/legal guardian has been domiciled in Virginia for the required one year period. As a dependent student, the applicant is presumed to have the same domicile as the parent claiming them as a tax dependent and/or providing them with substantial financial support.  

“Independent student” means a student whose parents have surrendered the right to their care, custody and earnings; do not claim them as a dependent on federal or state income tax returns; and have ceased to provide them with substantial financial support. Independent students include emancipated minors. 

Applicants under the age of 24 who are not married, are not veterans, do not have dependents of their own, and were not a ward of the court prior to the age of 18, must provide evidence that they are financially independent and that they are not in the Commonwealth primarily for educational purposes. Students wishing to claim independence as a path for receiving in-state tuition should submit a Level I Appeal for In-State Tuition form. After review, admissions staff will request additional documentation.  

A married person may establish domicile like any other student. A person’s domicile is not automatically altered by marriage. However, if a student receives substantial financial support from his or her spouse, the student may claim domicile through the spouse. In such cases, Virginia Peninsula will look at the spouse’s domicile to determine if the student is eligible for in-state tuition or state financial aid programs. You must inform the VPCC if you wish to claim domicile through your spouse.

The primary pathway to in-state residency and in-state tuition is through establishing “domicile”, meaning that Virginia is the person’s permanent legal home state, where they intend to remain indefinitely with no plan or expectations to leave and where they remain ties even during prolonged absence. See below information on “Basic Requirements” and “Domiciliary Intent.”

An individual must demonstrate legal residence in Virginia with an intent to remain in Virginia indefinitely to establish domicile in Virginia. After meeting the requirements to establish domicile, a person must continue to be domiciled in Virginia for at least 12 months preceding the first day of classes.

Several factors are used to determine if a person demonstrates intent to remain in Virginia indefinitely. Below is a list of information that may be requested in order to establish domiciliary intent:

• State to which income taxes are paid
• Voter registration and actual voting
• Driver’s license
• Motor vehicle registration
• Continuous residence in Virginia
• Social and economic ties
• Ownership of real property
• Sources of financial support
• Current employment
• Post-graduation employment in Virginia
• Military records

Students not able to demonstrate domicile in Virginia can obtain the in-state tuition rate by meeting the requirements of one of the exceptions provided within the Code of Virginia. While there are many pathways to in-state tuition rates, not all pathways are considered for federal or state financial assistance. Below is a list of common exceptions:

• A student who lives outside Virginia but who works or whose parent works in Virginia;
• A student who is active duty military residing within the Commonwealth or the spouse/dependent of active duty military member;
• A student who is a veteran and residing within the Commonwealth;
• A student who is a refugee or has received a Special Immigrant Visa;
• A high school student who is in a dual-enrollment program at a community college;
• Tuition Equity provision:
  • The student does not have a current valid student (F), trainee (H3), exchange visitor (J) or vocational (M) visa;
  • The student attended at least two years of high school in Virginia;
  • The student completed high school requirements (high school graduation or complete GED) in Virginia, on or after July 1, 2008;
  • The student, or if dependent, the dependent student’s parents/guardian in loco parentis, file Virginia income taxes for at least two years

Virginia Peninsula admissions staff may ask you questions to determine if you qualify for exceptions.

All students have the right to appeal an out-of-state tuition rate. Note: Domicile reclassification must be requested and determined on or before the first day of classes for the semester of eligibility. Retroactive domicile status cannot be granted.

It is the responsibility of the student to seek a domicile review/level I appeal if they believe they qualify for an exception, if their determination was incorrect, or if they establish Virginia domicile after applying to VPCC.  

All requests for review and applicable documentation must be received and determined by Enrollment Management no later than the first day of classes. Students should start the process early and will be responsible for meeting any tuition payment deadlines while a domicile review is pending. Retroactive domicile status cannot be granted. 

All students who seek a review of their domicile determination should submit a Level I Appeal for In-State Tuition form. After review, admissions staff will request additional documentation. 

If your appeal is denied at Level I, and you believe that you have additional information to present to strengthen your case, you may appeal to the College Registrar/Dean of Enrollment Management within 10 business days. You (and your parents/spouse, if applicable) must complete the Reclassification Appeal for In-State Tuition Rates (contact admissions@vpcc.edu, visit us in person, or call 757-825-2700 to request a copy of the form). Your submission should include a letter detailing the grounds for your appeal and any documentation that you did not present at Level I. 

If your Level II appeal is denied and you have still more information to present or you disagree with the Level 2 determination, you may appeal that decision to the College Registrar/Dean of Enrollment Management. This appeal will be reviewed by an ad hoc Domicile Appeals Committee. Include all information you presented at Level I and Level II along with any additional information you want the committee to consider.

A student who has exhausted the institutional appeal process and is still dissatisfied may appeal to the Circuit Court in the appropriate jurisdiction in accordance with state code.