Normally, in order to be considered an in-state student for the purpose of receiving in state tuition a student must:  

  • Complete the NVCC application for in state tuition
  • Live in the State for at least a year
  • Pay taxes to VA on 100% of his/her income as shown on a W2/LES
  • Hold a valid VA Driver's License
  • Any and all personal property, cars, boats, etc, registered in his/her name, must be registered in VA.

There may be other factors, but the above are the main points. You may see additional information on the above by going to the State Website http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+23-7.4

------------------WAIVERS OF THE ABOVE POLICY--------------------

 

Currently, there are three ways in which an out of state Military Student or their legal Dependent(s) may qualify for a waiver to receive the in-state rate.

 

1. Waiver of the one-year residency requirement based on active duty status.

      a. An active duty military service member may qualify for a waiver of the one-year residency requirement by voluntarily electing to establish domicile in Virginia. The one-year residency requirement will be waived if all other conditions for establishing domicile are met, including, but not necessarily limited to:


  • Member must be stationed in Virginia
  • Complete the NVCC application for in state tuition
  • Virginia resident income taxes on all income as shown on a (W2 and or Leave/Earning Statement showing Virginia tax withheld )
  • Virginia State of Legal Residence Certificate (DD 2058) or other proof the student is currently living in Virginia, mortgage, rental agreement, etc.
  • Virginia drivers license
  • Virginia vehicle registration on all personal property registered in the student's name.


      b. Copies of these documents must be provided by the student to claim eligibility for this waiver prior to the beginning of the semester/term for which in-state charges are requested.

 

      c. Legal Dependents of Active duty Service Members stationed in Virginia, may also qualify as in state, assuming the primary sponsor makes the required changes as mentioned above and the student is considered a legal Dependent and would not other wise qualify or disqualify for residency on their own.

 

2. Waiver for legal dependents of active duty members who have transferred to Virginia within 365 days of registering for a course(s).

      a. If a non-military student is the spouse or the legal child of a member of the armed forces, not otherwise eligible for in-state tuition, whose parent or spouse is a member of the military residing in the Commonwealth pursuant to military orders and claiming a state other than Virginia on the State of Legal Residence Certificate/LES shall be entitled to in-state tuition charges when the following conditions are met:


           1. If the student is a child of a member of the armed forces, then the non-military parent shall have, for at least one year immediately prior to the date of alleged entitlement for in-state tuition charges, resided in Virginia, been employed full time and paid individual income taxes to Virginia.  Such student shall be eligible for in-state tuition charges only if the nonmilitary parent claims him as a dependent for Virginia and federal income tax purposes, as evidenced by claiming him as a dependent or an individual or joint return; or

           2. If the student is the spouse of a member of the armed forces, then such student shall have, for at least one year immediately prior to the date of alleged entitlement for in-state tuition, resided in Virginia, been employed full time and paid individual income taxes to Virginia; or

           3. If the student is the child or the spouse of a member of the armed forces, then the student shall be entitled to in-state tuition charges for a maximum of one year during the period that the military parent or spouse is residing in the Commonwealth.  Any student whose spouse or parent is a member of the armed forces shall be eligible for in-state tuition charges for so long as the conditions of clauses (1) and (2) continue to be met. 

      b. The eligibility clock for the one-year in-state tuition rate entitlement to a child or spouse of a member of the armed forces shall commence on the actual reporting date shown on the military orders.

      c. After the one-year eligibility expires above, any student or spouse of a member of the armed forces may continue to receive the in-state tuition rate so long as either they or the non-resident parent claiming them as a dependent for federal or state income tax purposes are employed full time in Virginia, paying Virginia income taxes on all taxable income earned in the Commonwealth and the students are claimed as a dependent for Virginia and federal income tax purposes. Students eligible for in-state tuition under this law are not eligible for state financial aid funds that require Virginia domicile residency as eligibility criteria.

 

3. It is NVCC policy to extend the in state tuition rate to any student, who is officially enrolled into a dual enrollment program at a High School supported by NVCC. The Code of Virginia provides in § 23-7.4:2(D) provides, “governing boards of any state institution may charge in-state tuition to persons enrolled in programs designated by the State Council of Higher Education for Virginia who are from states which are a party to the Southern Regional Education Compact and provide reciprocity to Virginians.” “High school or magnet school students under a dual enrollment agreement with a community college where early college credit may be earned.