State of South Carolina Residency Laws

Application for Resident Status
Any enrolled student or prospective student whose status is uncertain concerning entitlement to payment of in-state tuition and fees has the responsibility of securing a ruling from the University by providing all relevant information on special application forms. These forms can be obtained from the Office of Enrollment Services, 41 Bee Street, and are to be completed and returned to that office at least two months prior to registration for any semester or summer term for which the student is attempting to qualify for payment of the in-state tuition and fee rate.

Entitlement
Eligibility for payment of in-state tuition and fees shall be determined under the provisions of Sections 59-112-10 through 59-112-100, South Carolina Code of Laws, 1976, as amended. This law is set forth in its entirety as follows (subject to further amendment by the General Assembly).

Statutes
Definitions-Section 59-112-10. As used in this chapter:

A. The words "State Institution" shall mean those post-secondary educational institutions under the jurisdiction of the following: (1) Board of Trustee Clemson University; (2) Board of Trustees, Medical University of South Carolina: (3)Board of Trustees, South Carolina State College; (4) State College Board of Trustees; (5) Board of Visitors, the Citadel; (6) Board of Trustees, University of South Carolina; (7) Board of Trustees, Winthrop College and (8) State Board of Technical and Comprehensive Education. B. The word "student" shall mean any person enrolled for studies in any state institution. C. The word "residence" or "reside" shall mean continuous and permanent physical presence within this State, provided, that temporary absences of short periods of time shall not affect the establishment of a residence. D. The word "domicile" shall mean a person's true, fixed, principal residence and place of habitation; it shall indicate the place where such person intends to remain, and to which such person expects to return upon leaving without establishing a new domicile in another state. For purposes of this section: one may have only one legal domicile; one is presumed to abandon automatically an old domicile upon establishing a new one. Housing provided on an academic session basis for students at State institutions shall be presumed not to be a place of principal residence, as residency in such housing is by nature temporary. E. The words "in-state rates" shall mean charges for tuition and fees established by State Institutions for persons who are domiciled in South Carolina in accordance with this act; the words, "out-of-state rates" shall mean charges for tuition and fees established by State Institutions for persons who are not domiciled in South Carolina in accordance with this set. F. The words "independent person" shall mean a person in his majority, or an emancipated minor, whose predominant source of income is his own earnings or income from employment, investments, or payments from trusts, grants, scholarships, commercial loans, or payments of alimony or separate maintenance made pursuant to court order. G. The words "dependent" or "independent person" mean: (1) one whose financial support is provided not through his own earnings or entitlements, but whose predominant source of income or support is payments from a parent, spouse, or guardian, and who qualifies as a dependent or an exemption on the federal tax return of the parent, spouse, or guardian; or (2) one for whom payments are made, under court order, for child support and the cost of his college education by an independent person meeting the provisions of Section 59-112-20 A or B. However, the words "dependent" or "independent person" do not include a spouse or former spouse who is the recipient of alimony or separate maintenance payments made pursuant to a court order. H. The word "minor" shall mean a person who has not attained the age of eighteen years; and the words "emancipated minor" shall mean a minor whose parents have entirely surrendered the right to the care, custody and earnings of such minor and are no longer under any legal obligation to support or maintain such minor. I. The word "parent' shall mean a person's natural or adoptive father or mother; or if one parent has custody of the child, the parent having custody; or if their is a guardian or other legal custodian of such person, then such guardian or legal custodian; provided; however, that where circumstances indicate that such guardianship or custodianship was created primarily for the purpose of conferring South Carolina domicile for tuition and fee purposes on such child or dependent person, it shall not be given such effect. J. The word "spouse" shall mean the husband or wife of a married person.

South Carolina Domicile Defined for Purposes of Rates of Tuition and Fees-Section 59-112-20. South Carolina Domicile for tuition and fee purposes shall be established as follows in determinations of rates of tuition and fees to be paid by students entering or attending State Institutions:

A. Independent persons who reside in and have been domiciled in South Carolina for a period of no less than twelve months with an intention of making a permanent home herein, and their dependents, may be considered eligible for in-state rates. B. Independent persons who reside in and have been domiciled in South Carolina for fewer than twelve months but who have full-time employment in the State, and their dependents, may be considered eligible for in-state rates for as long as such independent person is employed on a full-time basis in the State. C. Where an independent person meeting the provisions of Section 59-112-20 B above, is living apart from his spouse, or where such person and his spouse are separated or divorced, the spouse and dependents of such independent person shall have domiciliary status for tuition and fee purposes only under the following circumstances: (1) if the spouse requesting domiciliary status for tuition and fee purposes remains domiciled in South Carolina though living apart or separated from his or her employed spouse, (2) if the dependent requiring domiciliary status for tuition and fee purposes is under the legal custody or guardianship, as defined " in Section 59-112-101 above, of an independent person who is domiciled in this State; or if such dependent is claimed as an income tax exemption by the parent not having legal custody but paying child support, so long as either parent remains domiciled in South Carolina. D. The residence and domicile of a dependent minor shall be presumed to be that of the parent of such dependent minor.

Effect of Change of Residency-Section 59-112-30. When the domicile of a student or of the person upon whom a student is financially dependent changes after enrollment at a State Institution, tuition charges shall be adjusted as follows:

A. Except as provided in Section 59-112-20B above, when domicile is taken in South Carolina, a student shall not become eligible for in-state rates until the beginning of the next academic session after expiration of twelve months from date of domicile in this State. B. When South Carolina domicile is lost, eligibility for in-state rates shall end on the last day of the academic session in which the loss occurs; however, application of this subsection shall be at the discretion of the institution involved. C. Notwithstanding the other provisions of this section, any dependent person who has been domiciled with his family in South Carolina for a period of not less than three years immediately prior to his enrollment may enroll in a state-supported institution of higher learning at the in-state rate and may continue to be enrolled at such rate even if the parent, spouse, or guardian upon whom he is dependent moves his domicile from this State.

Effect of Marriage-Section 59-112-40. Except as provided in Section 59-112-20 above, marriage shall affect determinations of domicile for tuition and fee purposes only insofar as it operates to evince an intention by the parties to make a permanent home in South Carolina.

Military Personnel and Their Dependents-Section 59-112-50. Notwithstanding other previsions of this act, during the period of their assignment to permanent duty in South Carolina members of the armed services of the United States stationed in South Carolina and their dependents may be considered eligible for in-state rates. When such armed service personnel are ordered away from the State, their dependents may continue for an additional twelve months to have this eligibility at the State Institutions where they are enrolled at the time such assignment ends. Such persons and their dependents may be considered eligible for in-state rates for a period of twelve months after their discharge from the armed services even though they were not enrolled at a State Institution at the time of their discharge, if they have evinced an intent to establish domicile in South Carolina and if they have resided in South Carolina for a period of at least twelve months immediately preceding their discharge.

Faculty, Administrative Employees and Dependents Thereof-Section 59-112-60. Full-time faculty and administrative employees of State Institutions, and the spouses and children of such person, shall be excluded from the provision of this act.

Abatement of Rates for Nonresidents on Scholarship-Section 59-112-70. Notwithstanding other provisions of this act, the governing boards listed in Section 59-112-10A above, are authorized to adopt policies for the abatement of any part or all of the out-of-state rates for students who are recipients of scholarship aid.

Administration of Chapter; Burden of Proving Eligibility of Students-Section 59-112-80. Each State Institution shall designate an official to administer the provisions of this act. Students making application to pay tuition and fee at instate rates shall have the burden of proving to the satisfaction of the aforesaid officials of State Institutions that they have fulfilled the requirements of this act before they shall be permitted to pay tuition and fees at such rate.

Penalties for Willful Misrepresentation-Section 59-112-90. Where it appears to the satisfaction of officials charged with administration of these provisions that a person has gained domiciliary status improperly by making or presenting willful misrepresentations of fact, such persons should be charged tuition and fees past due and unpaid at the out-of-state rate, plus interest at a rate of eight percent per annum, plus a penalty amounting to twenty-five percent of the out-of-state rate for one semester; and until these charges have been paid no such student shall be allowed to receive transcripts or graduate from any State Institution.

Regulations-Section 59-112-100. The Commission of Higher Education may prescribe uniform regulations for application of the provisions of this act and may provide for annual review of such regulations.

Regulatory Guidelines
Commission on Higher Education, Chapter 62. Statutory Authority: 1976 Code Sections 59-112-10 to 59-112-100, Determination of Rates for Tuition and Fees.

Rates of Tuition and Fees-Section 62-600.

A. Resident classification is an essential part of fee determination, admission regulations, scholarship eligibility, and other relevant policies of State Institutions. It is important that such institutions have fair and equitable regulations which can be administered consistently and are sensitive to the interests of both students and the State. The Commission on Higher Education hereby establishes regulations for the Statute Governing Residency and Tuition for Fee Purposes to be applied consistently by all South Carolina institutions of higher education. These regulations do not address residency matters relating to either in-county or international categories used within the State's technical colleges. B. Institutions of higher education are required by the Statute to determine the residence classification of applicants. The initial determination of one's resident status is made at the time of admission. The determination made at that time, and any determination made thereafter, prevails for each subsequent semester until the determination is successfully challenged. The burden of proof resides with the students to show evidence as deemed necessary to establish their residency status.

Code of Laws Governing Residence-Section 62-601.

A. The rules regarding the establishment of legal residence for tuition and fee purposes for institutions of higher education are governed by the South Carolina Code of Laws. B. As prescribed by the code, residence for tuition and fee purposes can be established by (1) independent persons, (2) dependent persons, and (3) independent immigrants, or dependent immigrants.

Definitions-Section 62-602.

A. Generally, a "resident student" for tuition and fee purposes is defined as one who has abandoned all prior domiciles and has been domiciled in South Carolina continuously for at least twelve months immediately preceding the first day of classes of the term for which resident classification is sought and for whom there is an absence of such evidence in other states during any period for which residence in South Carolina is asserted. In the instances of dependent students and their families, domicile of the spouse, parent, and/or guardian for at least the twelve months immediately preceding the first day of classes of the term for which resident classification is sought is considered in determining residency status. B. "Reside" is defined as continuous and permanent physical presence within the State, provided that temporary absences for short periods of time shall not affect the establishment of a residence. Temporary absences shall be absences which are thirty days or less. Excluded are absences associated with requirements to complete a degree, absences for military training/service, and like absences, provided South Carolina domicile is maintained. Absences of more than thirty days may affect the establishment or maintenance of residence for fee and tuition purposes. In the instance of dependents, where the spouse, parent and /or guardian "reside" will be considered in determining residency status. C. "Domicile" is defined as free, fixed, principal residence and place of habitation, indicating where a person intends to remain, or to where one expects to return when away. Generally, an applicant must be domiciled in the State for twelve months for residency consideration. For the purpose of this section, one may have only one legal domicile. D. "Independent Person" is defined as one in his/her a majority (eighteen years of age or older), whose predominant source of income is his/her own earnings or income from employment, investments, or payments from trusts, grants, scholarships, commercial loans, or payments made in accordance with court order. An independent person must provide more than half of his/her support during the twelve months immediately prior to the date that classes begin for the semester for which resident status is requested and cannot be claimed as a dependent or exemption on the federal tax return of his/her parent, spouse, or guardian for the year in which resident status is requested. E. "Dependent Person" is defined as one whose predominant source of income or support is from payments from a parent, spouse, or guardian and who qualifies for and is claimed as a dependent or exemption on the federal income tax return of the parent, spouse, or guardian. A dependent person is also one for whom payments are made, under court order, for child support and the cost of the dependent person's college education. A dependent person's residency is based upon the residency of the person upon whom they are dependent.

Resident Classification-Section 62-603.

A. Independent persons who have physically resided and been domiciled in South Carolina for twelve continuous months immediately preceding the date the classes begin for the semester for which resident status is claimed may qualify to pay in-state fees. The twelve month residency period starts when the independent person establishes the intent to be a South Carolina resident per Section 62-605 entitled "Establishing the Requisite Intent to Become a South Carolina Domiciliary." Absences from the State during the twelve-month period may affect the establishment of permanent residence for fee and tuition purposes. Steps an independent person should take to establish a permanent home in South Carolina for tuition and fees purposes are listed in the section entitled "Establishing the Requisite Intent to Become a South Carolina Domiciliary." B. The resident status of a dependent person is based on the resident status of the person who provides more than half of the dependent person's support and/or qualifies to claim the dependent person as a dependent for federal income tax purposes. The residence and domicile of a dependent minor and other dependent persons shall be presumed to be that of their parent(s), spouse, or guardian(s). C. In the case of divorced or separated parents, the resident status of the dependent person may be based on the resident status of the parent who supports and/or claims the dependent person as a dependent for tax purposes, or it may be based on the resident status of the parent who has legal custody of the dependent person, or legal joint custody of dependent person; or based on the resident status of the person who makes payments under a court order for child support and at least the cost of his/her college tuition and fees.

Noncitizens and Nonpermanent Residents-Section 62-604.

A. Except as otherwise specified, all independent noncitizens and nonpermanent residents of the United States will be assessed tuition and fees at the nonresident, out-of-state rate. Independent aliens, including refugees and their dependents, may be entitled to resident, in-state classification once they have been awarded permanent resident status by the U.S. Department of Justice and meet all the statutory residency requirements. Nonresident aliens present in the United States under the specific terms of visa classifications may be granted in-state residency for tuition and fee purposes as prescribed by the Commission on Higher Education. They are not, however, eligible to receive state sponsored tuition assistance/scholarships. B. For the purposes of this provision, the Adviser's Manual of Federal Regulations Affecting Foreign Students and Scholars will serve as the primary resource reference for defining visa categories.

Establishing the Requisite Intent to Become a South Carolina Domiciliary-Section 62-605.

A. Residence status may not be acquired by an applicant or student while residing in South Carolina for the sole purpose of enrollment in an institution or for access to state-supported programs designed to serve South Carolina residents. B.If a person asserts that his/her domicile has been established in this State, the individual has the burden of proof. Such persons should provide to the designated residency official of the institution to which they are applying any and all evidence which the person believes satisfies the burden of proof. The residency official will consider any and all evidence provided concerning such claim of domicile but will not necessarily regard any single item of evidence as conclusive evidence that domicile has or has not been established. C. For independent persons, examples of evidence may include, although any single indicator may not necessarily be conclusive, claims for resident classification for tuition purposes as shown below. The absence of these indicia in other states is required during any period for which domicile in South Carolina is asserted. Indictia my include the following: 1) financial independence from parents residing in another state or country during the twelve months immediately preceding; 2) the student has not lived in the home of non-resident parent(s) for more than thirty days after the time at which a South Carolina domicile is claimed; 3) the person can show documentation from his/her employer to support his/her claim, has filed income tax returns as an independent person in the year immediately preceding, and has been employed during the current year; 4) possession of a valid South Carolina voter registration card and voting in South Carolina elections; 5) designating South Carolina as the permanent address on all academic and employment records, including pertinent military records if one is in the military; 6) possession of a valid South Carolina driver's license, or if a nondriver, a South Carolina identification card. Failure to obtain this within 90 days of the establishment of the intent to become a South Carolina resident will delay the beginning date of residency eligibility; 7) possession of a valid South Carolina vehicle registration card. Failure to obtain this within 45 days of the establishment of the intent to become a South Carolina resident will delay the beginning date of residency eligibility; 8) continuous presence in South Carolina during periods when not enrolled as a student; 9) commitments indicating an intent to stay in South Carolina permanently; 10) paying South Carolina income taxes as a resident during the past tax year, including income earned outside of South Carolina from the date South Carolina domicile was claimed; 11) owning a principal residence in South Carolina; 12) establishing an abode where one's permanent belongings are kept within South Carolina; 13) licensing for professional practice (if applicable) in South Carolina. D. With the exception of C.(l), C.(2) and C.(3) cited above, these indicia will likewise be considered for spouses, parents, and guardians of dependent persons who wish to establish South Carolina domicile. As noted under "Resident Classification" above, the resident status of a dependent person matches that of the person who provides more than half of the dependent person's support and/or claims the dependent person as a dependent for federal income tax purposes.

Maintaining Residence-Section 62-606.

A. A person's temporary absence from the State does not necessarily constitute loss of South Carolina residence unless the person has acted inconsistently with the claim of continued South Carolina residence during the person's absence from the State. The burden is on the person to show retention of South Carolina residence during the person's absence from the State. Steps a person should take to retain South Carolina resident status for fee and tuition purposes include continuing to use a South Carolina permanent address on all records; retaining South Carolina voter's status; voting by absentee ballot; maintaining South Carolina driver's license; maintaining South Carolina vehicle registration; satisfying South Carolina resident income tax obligation. Individuals claiming permanent residence in South Carolina are liable for payment of income taxes on their total income from the date that they established South Carolina residence. This includes income earned in another state or country. B. South Carolina residents (and their dependents) who serve in the military may continue to be eligible to pay in-state fees as long as they continuously claim South Carolina as their state of legal residence during their military service. South Carolina residents who change their state of legal residence while in the military lose their South Carolina resident status for fee and tuition purposes. To reestablish their South Carolina resident status, such persons must take steps which indicate that they plan to reestablish permanent residence in the State. These persons must then physically reside in the State for twelve continuous months.

Effect of Change of Residency-Section 62-607.

A. Not withstanding other provisions of this section, any dependent person of a legal resident of this state who has been domiciled with his/her family in South Carolina for a period of not less than three years and whose family's domicile in this state is terminated immediately prior to his/her enrollment may enroll at the in-state rate. A student must continue to be enrolled and registered for classes (excluding summers) in order to maintain eligibility to pay in-state rates in subsequent semesters. Transfers within or between South Carolina colleges and universities of a student seeking a certificate, diploma, associate, baccalaureate, or graduate level degree does not constitute a break in enrollment. B. If a dependent or independent person has been domiciled in South Carolina for less than three years, eligibility for in-state rates shall end on the last day of the academic session during which domicile is lost. Application of this provision shall be at the discretion of the institution involved. However, a student must continue to be enrolled and registered for classes (excluding summers) in order to maintain eligibility to pay in-state rates in subsequent semesters.

Effect of Marriage-Section 62-608.

A. In ascertaining domicile of a married person, irrespective of gender, such a review shall be determined just as for an unmarried person by reference to all relevant evidence of domiciliary intent. B. If a nonresident marries a South Carolina resident, the nonresident does not automatically acquire South Carolina resident status. The nonresident may acquire South Carolina resident status if the South Carolina resident is an independent person and the nonresident is a dependent of the South Carolina resident. C Marriage to a person domiciled outside South Carolina shall not be solely the reason for precluding a person from establishing or maintaining domicile in South Carolina and subsequently becoming eligible or continuing to be eligible for residency. D. No person shall be deemed solely by reason of marriage to a person domiciled in South Carolina to have established or maintained domicile in South Carolina and consequently to be eligible for or to retain eligibility for South Carolina residency.

Exclusions-Section 62-609.

A. Persons in the following categories may qualify to pay in-state fees without having to establish a permanent home in the State for twelve months. 1) "Military Personnel and their Dependents": Members of the United States Armed Forces (and their dependents) who are stationed in South Carolina on permanent active duty may be considered eligible to pay in-state fees. "Armed Forces," shall mean the United States Air Force, Army, Marine Corps, Navy, and Coast Guard. When such personnel are ordered away form the State, their dependents may continue to pay in-state fees for an additional twelve months. Such persons (and their dependents) may also be eligible to pay in-state fees for a period of twelve months after their discharge from the military, provided they have demonstrated an intent to establish a permanent home in South Carolina and they have resided in South Carolina for a period of at least twelve months immediately preceding their discharge. Military personnel who are not stationed in South Carolina and/or former military personnel who intend to establish South Carolina residency must to fulfill the twelve month "physical presence" requirement for them or their dependents to qualify to pay in-state fees. 2) "Faculty and Administrative Employees, and their Dependents": Full-time faculty and administrative employees of South Carolina state-supported colleges and universities are eligible to pay in-state fees. Dependents of such persons are also eligible. 3) "Residents with Full-Time Employment and their Dependents": Independent persons who reside, are domiciled, and are full time employed in the State and will continue to work full time until they meet the twelve-month requirement are eligible to pay in-state fees, provided that they have taken the steps to establish a permanent home in the State (see "Establishing the Requisite Intent to Become a South Carolina Domiciliary"). The dependents of such persons are also eligible. 4) "Retired Persons": Retired persons who are receiving a pension or annuity who aside in South Carolina and have been domiciled in South Carolina as prescribed in the Statute for less than a year may be eligible for in-state rates and State-supported aid if they maintain residence and domicile in this State. B. Full-time employment shall mean employment which consists of at least thirty-seven and a half hours a week on a single job. However, a person who works less than thirty-seven and a half hours a week but receives or is entitled to receive full-time employee benefits shall be considered to be employed full time. C. Persons participating in Southern Regional Education Board-sponsored programs, including the Contract for Services and the Academic Common Market programs, must have continuously resided in the State for other than educational purposes for the two years immediately proceeding application for consideration and must meet all residency requirements during this two-year period.

Application for Change of Resident Status-Section 62-610.

A. Persons applying for a change of resident classification must complete a residency application and provide supporting documentation prior to a reclassification deadline as prescribed by the institution. B. The burden of proof resides with those persons applying for a change of resident classification who must show required evidence to document the change in resident status.

Incorrect Classification-Section 62 611.

A. Persons incorrectly classified as residents are subject to reclassification and to payment of all nonresident fees not paid. If incorrect classification results from false or concealed facts, such persons may be charged tuition and fees past due and unpaid at the out-of-state rate. The violator may also be subject to administrative, civil, and financial penalties. Until these charges are paid, such persons will not be allowed to receive transcripts or graduate from a South Carolina institution. B. Residents whose resident status changes are responsible for notifying the Residency Official of such changes.

Inquiries and Appeals-Section 62-612.

A. Inquiries regarding residency requirements and determinations should be directed to the institutional residency official. B. Each institution will develop an appeals process to accommodate persons wishing to appeal residency determinations made by the institution's residency official. Neither the primary residency official nor appellate official(s) may waive the provisions of the Statute governing residency for tuition and fee purposes.

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