Petitioning for In-State Tuition Classification
**The information on this page is considered to be general guidance and is not legal advice. Refer to state statutes to view the actual law.
Petitioning for In-State Tuition Classification
The state of Colorado partially subsidizes the cost of tuition for all students whose domicile, or permanent legal residence, is in Colorado. Each Mines student is classified as either an “in-state resident” or a “non-resident” at the time of matriculation. These classifications are based upon information furnished by each student on his or her application for admission to Mines.
The specific requirements for establishing residency for tuition classification purposes are prescribed by state law (Colorado Revised Statutes § 23-7-101, et seq.). Because Colorado law governs Colorado residency status, the fact that a student might not qualify for in-state status in any other state does not guarantee in-state status in Colorado. Moreover, it is presumed that a student classified as a non-resident at the time of matriculation who then seeks to establish Colorado domicile while registered at Mines, seeks Colorado domicile solely for tuition purposes. The student can rebut this presumption and be deemed an in-state resident only by a showing of clear and convincing evidence of his or her eligibility for this status.
The initial determination of eligibility for in-state status is based on information included within a student’s Application for Admission, and is made by the Admission’s Office (Undergraduate or Graduate).
A continuing, non-resident student who believes that he or she has become eligible for in-state tuition due to events that have occurred subsequent to his or her initial enrollment may file a petition for in-state tuition classification with the Registrar’s Office. This petition is due in the Registrar’s Office no later than July 15 for Fall Semester** or December 1 for Spring Semester. The registrar will make the decision regarding the petition for in-state status, which can be appealed to the Tuition Classification Review committee.
**Due to the updating of the petitioning forms in June 2019, submissions for Fall Semester 2019 must be received before close of business on August 19, 2019 (the first day of classes). However, please note that petitions are reviewed in the order received and evaluations may not be complete prior to the bill due date. Thus, students classified as nonresident must make enrollment and financial decisions based on nonresident status unless notified otherwise. Petitions are evaluated in the order received. If you prefer an early decision, you are advised to submit your petition as early as possible before the deadline.
SUMMARY OF STATUTORY REQUIREMENTS
In-state or resident status requires domicile in Colorado for one year or more immediately preceding the beginning of the semester for which in-state status is sought. “Domicile” means a person’s true, fixed, and permanent home and place of habitation. It is the place where the individual intends to remain and to which he or she intends to return when they leave. Establishment of a new domicile in Colorado occurs when an individual is physically present in Colorado and does not intend to return to the state in which he or she was formerly domiciled (or to acquire a domicile at some other place outside of Colorado).
The domicile of an un-emancipated minor is presumed to be that of the parent with whom he or she resides. Students over the age of 22, students commencing a post-baccalaureate degree program, married students, legally emancipated minors, and unaccompanied homeless youth are qualified to determine their own domicile.
Petitioning students with a parent or guardian who has been domiciled in Colorado for at least one year and established verifiable ties to Colorado should complete the PARENT PETITION.
Petitioning students who have been domiciled in Colorado for at least one year and established verifiable ties to Colorado, AND are at least 23 years of age prior to the first day of classes; OR married for at least one year prior to the first day of classes; OR second-year graduate students; OR unaccompanied homeless youth, should complete the ADULT RESIDENCY PETITION.
Petitioning students who are legally emancipated minors who can demonstrate complete financial and residential independence, and who have been domiciled in Colorado for at least one year and established verifiable ties to Colorado, should complete the STUDENT EMANCIPATION PETITION. “Emancipated minor” means a minor whose parents have entirely surrendered the right to the care, custody and earnings of such minor, are under no duty to support the minor and have made no provision for the support of such minor. Proving emancipation is extremely rare and virtually impossible for most undergraduate students.
The following is considered as evidence of Colorado domicile, although no single factor alone is conclusive:
Payment of Colorado income tax.
Ownership of residential real property in Colorado, or lease agreements, or canceled checks from rent payments showing that the person has been living in Colorado for the past twelve months.
Employment in Colorado (other than that normally provided to students on a temporary basis by Mines or other temporary employment).
Graduation from a high school located in Colorado.
Continued residence in the state of Colorado during periods when not enrolled as a student or during periods between academic sessions.
Acceptance of future permanent employment in the state of Colorado.
Vehicle registration in Colorado.
Voter registration in Colorado.
A driver’s license issued in the state of Colorado.
No single factor or combination of factors may be considered conclusive evidence of domicile. Moreover, because domicile is defined as a true, fixed and permanent home, individuals who are present in Colorado on a temporary basis, e.g., for the purpose of completing a degree, cannot establish domicile by merely taking these actions.
Locating residency documents:
For information on how to locate residency information and documentation click here.
In some cases, students may qualify for a domicile exception (such as members of the Colorado National Guard, active duty military members, honorably discharged veterans, dependents of qualified military, and other unique situations) – for additional information click here.