Residency

Summary of Regulations for New Mexico Residency for Tuition Purposes

 

A student who enters and remains in this State principally to obtain an education is presumed to continue to reside outside this state, and such presumption continues in effect until rebutted by clear and convincing evidence of bona fide residence. A student determined to be financially dependent on an out-of-state parent or guardian also assumes the residency of that parent or guardian. The burden of proof is on the student. The student must secure and file the residency petition with the appropriate documents of evidence in the manner described herein. All documents submitted for this purpose are kept confidential. Residency petitions are accepted until the second Friday of each Fall and Spring semester in Student Services, Building 1. 

 

To become a legal resident of the State of New Mexico for tuition purposes, each student must individually meet the four basic requirements below: 

 

  1. The 12-Month Consecutive Presence Requirement: A student must physically reside in the state for 12 consecutive months immediately preceding the term for which the student submits a petition.
  2. The Financial Independence Requirement: A student who is financially dependent on parents or legal guardians who are not residents of New Mexico cannot be approved for residency. At the time the student petitions for residency (if under 23 years of age), a copy of the parents’ or guardians’ 1040 or 1040A U.S. income tax form for the previous year must be submitted with the petition. If shown to be a dependent on that tax form, the student is not eligible to establish residency apart from the parents or guardians. 
  3. The Written Declaration of Intent: The student must sign a written declaration of intent to relinquish residency in another state and to establish it in New Mexico (included in residency petition). 
  4. The Overt Act Requirement: Overt acts are required to evidence support of the written declaration of intent to establish permanent residency in New Mexico. Documentation of two of the following is required: 
    If the applicant is financially dependent, a copy of the parents’ or guardians’ previous year income tax form showing the applicant as a dependent and the parents’ address as New Mexico; 
    • A New Mexico high school transcript issued in the past year confirming attendance at a New Mexico public or private high school within the past 12 months; 
    • A transcript from an online high school showing a New Mexico address confirming attendance within the past 12 months; 
    • A New Mexico driver’s license or ID card with an original date of issue or a renewal date issued prior to the first day of the term or semester; 
    • Proof of payment of New Mexico state income tax for the previous year; 
    • Evidence of employment within the state of New Mexico; 
    • New Mexico vehicle registration; 
    • Voter registration in New Mexico; 
    • Proof of residential property ownership in New Mexico; 
    • A rental agreement within New Mexico; 
    • Utility bills showing the applicant's name and a New Mexico address; 
    • Other evidence which would reasonably support the individual’s intent to establish and maintain New Mexico residency. 

Any act considered inconsistent with being a New Mexico resident will cause the request for resident classification to be denied. As such, other relevant factors may be considered in addition to the items listed above. 

 

NOTES: 

  • A person who has moved to New Mexico and has obtained permanent full-time employment (sufficient documentation is required) and his/her spouse and dependent children shall not be required to complete the 12-month durational requirement. However, all other requirements must be satisfied. 
  • Active duty military members stationed in New Mexico, their spouses, and dependents are eligible for waivers of non-resident tuition. Members of the National Guard, their spouses and dependents are also eligible for waivers of non- resident tuition. A form must be submitted to the Office of the Registrar by the second Friday of the term to obtain these waivers. 
  • According to the University of New Mexico’s tuition policy: 
    • Non-resident, degree-seeking, graduate students enrolled for six or fewer credit hours in their first two semesters are charged resident tuition rates.
    • Students enrolling for the summer session are charged resident tuition rates regardless of residency classification (except those in the College of Nursing). 

The residency petition and a brochure that explains requirements for establishing New Mexico residency for tuition purposes and special tuition status waivers are available from Student Services, Building 1, or on the Office of the Registrar website.