Deadline to Petition for Mississippi Residency for Tuition Purposes
Fall 2022
Monday, August 29, 2022, 5 p.m.*
Spring 2023
Wednesday, January 25, 2023, 5 p.m.*
Petitions submitted after this date will be considered for the next term.
Residency Classification
Residency Classification at The University of Southern Mississippi is defined by Mississippi
law and is based upon:
- Sections 37-103-1 through 37-103-29, Mississippi Code of 1972, as amended
- Case law adjudication
- An interpretative ruling from the Office of the Attorney General issued October 7,
1973, and modified on May 9, 1980.
This statute has evolved over a number of years as a result of judicial decisions
by the state, whose responsibility it is to provide higher education for its citizens
at reasonable costs, while protecting its taxpayers from subsidizing students from
other states who seek to attend its institutions.
Students are classified as in-state or out-of-state residents for the purpose of paying
university fees. The Office of Admissions makes the initial classification at the time the student's admission application
is processed. The burden of proof for establishing residency resides with the applicant.
If a student misrepresents his or her status, he or she will be responsible for paying
the appropriate fees and will be subject to disciplinary action or dismissal from
the University. The University Registrar is authorized to change a student's residence
status upon receipt of evidence that the student is improperly classified.
The following state laws, court decisions and Institutions of Higher Learning policies
apply in determining the residential status of students for the purpose of enrolling
and paying fees at a state supported institution of higher learning:
- Twelve Months of Residence Required: No student may be admitted to the university
as a resident of Mississippi unless his or her residence has been in the state of
Mississippi for a continuous period of at least 12 months immediately preceding his
or her admission.
- A student who has lived within the state for twelve months following his/her twenty-first
birthday may establish residence in his/her own right by showing that he/she is living
in the state with the intention of abandoning his/her former domicile and remaining
in the state of Mississippi permanently, or for an indefinite length of time. Intent
may be demonstrated or disproved by factors including, but not limited to, filing
of Mississippi income tax returns, eligibility to vote in Mississippi, motor vehicle
registration in Mississippi, possession of a Mississippi operator's license, place
of employment, and self support.
- Nonresidents may petition the institution for a change of residency classification.
A person who enters the state of Mississippi from another state and enters a system
institution is considered a nonresident, unless the person meets the residency requirements.
Even though he or she may have been legally adopted by a resident of Mississippi,
or may be a qualified voter, or landowner, or may otherwise have sought to establish
legal residence, the student will be considered as being a nonresident of Mississippi
if he or she has entered the state for the purpose of enrolling in an educational
institution. However, that any person who has attained 21 years of age and has thereafter
actually established residency and resided within the state of Mississippi for 12
consecutive months after attaining 21 years of age upon sworn affidavit and other
representation, may petition the particular institution for a change in residency
classification for the purposes of fees and tuition assessment. The institution may
make reasonable inquiry into the validity of the petitioner's claim. Such petition
for change of residency must be made on or before the last day a student may register
at the particular institution without penalty.
- Legal Residence of a Minor: For purposes of determining of whether a minor pays out-of-state
or in-state tuition for attendance at universities, community and junior colleges,
the residence of a person less than 21 years of age is that of the father, the mother
or a general guardian duly appointed by a proper court in Mississippi. If a court
has granted custody of the minor to one parent, the residence of the minor is that
of the parent who was granted custody by the court. If both parents are deceased,
the residence of the minor is that of the last surviving parent at the time of that
parent's death, unless the minor lives with a general guardian duly appointed by a
proper court of Mississippi, in which case his/her residence becomes that of the guardian.
- A minor student who, upon registration at a Mississippi institution of higher learning
or community college, presents a transcript demonstrating graduation from a Mississippi
secondary school and who has been a secondary school student in Mississippi for not
less than the final four years of secondary school attendance shall not be required
to pay out-of-state tuition. This policy shall not apply to the residence of a person
as it relates to residency for voter registration or voting.
- Legal Residence of an Adult: The residence of an adult is that place where he or she
is domiciled: that is, the place where he or she actually resides with the intent
of remaining there indefinitely, or of returning there permanently when temporarily
absent.
- Removal of Parents from Mississippi: If the parents of a minor who is enrolled as
a student in a junior college or in an institution of higher learning move their legal
residence from the State of Mississippi, the minor shall be immediately classified
as a nonresident student upon completion of the semester in which the move takes place.
- Residence Status of a Married Person: A married person may claim the residence status
of his or her spouse, or he or she may claim independent residence status under the
same regulations set forth in Section 37-103-13 as any other adult.
- Children of Parents Who are Employed by the University: Children of parents who are
members of the faculty or staff of any institution under the jurisdiction of the board
of trustees of any junior college in this state of the Board of Trustees of State
Institutions of Higher Learning may be classified as residents for the purpose of
attendance at the institution where their parents are faculty or staff members.
- Military Personnel Assigned an Active Duty Station in Mississippi: Members of the
United States Armed Forces on extended active duty and stationed within the state
of Mississippi and members of the Mississippi National Guard may be classified as
residents, for the purpose of attendance at state-supported institutions of higher
learning and community and/or junior colleges of the State of Mississippi. Resident
status of such military personnel who are not legal residents of Mississippi, as defined
in Section 37-103-13, shall terminate upon their reassignment for duty in the continental
United States outside the State of Mississippi.
- Military: Eligible applicants who are engaged in or honorably discharged from active
duty in the United States Armed Services including academically eligible current of
surviving spouse and dependent children, including stepchildren, would receive a waiver
of the non-resident surcharge.
- Spouse or Child of Military Personnel: The resident status of a spouse or child of
a member of the Armed Forces of the United States on extended active duty shall be
that of the military spouse or parent for the purpose of attending state-supported
institutions of higher learning and community/junior colleges of the State of Mississippi
during the time that their military spouse or parent is stationed within the State
of Mississippi and shall be continued through the time that the military spouse or
parent is stationed in an overseas area with last duty assignment within the State
of Mississippi, excepting temporary training assignments en route from Mississippi.
The resident status of a minor child terminates upon reassignment under permanent
change of station orders of the military parent for duty in the continental United
States outside the State of Mississippi, excepting temporary training assignments
en route from Mississippi, and except that children of members of the Armed Forces
who attain Mississippi residency in accordance with the above provisions, who begin
and complete their senior year of high school in Mississippi, and who enroll full
time in a Mississippi institution of higher learning or community/junior college to
begin studies in the fall after their graduation from high school, maintain their
residency status so long as they remain enrolled as a student in good standing at
a Mississippi institution of higher learning or community/junior college. Enrollment
during summer school is not required to maintain such resident status.
- The spouse or child of a member of the Armed Forces of the United States who dies
or is killed is entitled to pay the resident tuition fee if the spouse or child becomes
a resident of Mississippi.
- If a member of the Armed Forces of the United States is stationed outside Mississippi
and the member's spouse or child establishes residence in Mississippi and registers
with the Mississippi institution of higher learning or community/junior college at
which the spouse or child plans to attend, the institution of higher education or
community/junior college shall permit the spouse or child to pay the tuition, fees
and other charges provided for Mississippi residents without regard to length of time
that the spouse or child has resided in Mississippi.
- A member of the Armed Forces of the United States or the child or spouse of a member
of the Armed Forces of the United States who is entitled to pay tuition and fees at
the rate provided for Mississippi residents under anther provision of this section
while enrolled in a degree or certificate program is entitled to pay tuition and fees
at the rate provided for Mississippi residents in any subsequent term or semester
while the person is continuously enrolled in the same degree or certificate program.
A student may withdraw or may choose not to re-enroll for no more than one (1) semester
or term while pursuing a degree or certificate without losing resident status only
if that student provides sufficient documentation by a physician that the student
has a medical condition that requires withdrawal or non-enrollment. For purposes of
this subsection, a person is not required to enroll in a summer term to remain continuously
enrolled in a degree or certificate program. The person' s eligibility to pay tuition
and fees at the rate provided for Mississippi residents under this subsequent does
not terminate because the person is no longer a member of the Armed Forces of the
United States or the child or spouse of a member of the Armed Forces of the United
States.
- Certification of Residence of Military Personnel: A military person on active duty
stationed in Mississippi who wished to avail himself/herself or his or her dependents
of these provisions of Section 37-103-17 must submit a certificate from his/her military
organization showing the name of the military member, the name of the dependent (if
for a dependent), the name of the organization of assignment and its address (may
be in the letterhead), that the military member will be on active duty stationed in
Mississippi on the date of registration at the state-supported institutions of higher
learning or junior college of the State of Mississippi; that the military member is
not on transfer orders; and the signature of the commanding officer, the adjutant,
or the personnel officer of the unit of assignment with signer's rank and title. A
military certificate must be presented to the Registrar of the university each semester
at (or within 10 days prior to) registration each semester for the provisions of said
section to be effective.
- Legal Residence of Foreign Students (Alien Status): All aliens are classified as nonresidents.
Students with permanent resident status, temporary resident status, or refugee status
can establish residence in Mississippi by meeting the same residency requirements
as any U.S. citizen.
AUTHORITY TO SET TUITION AND WAIVER OF OUT-OF-STATE TUITION FOR NONRESIDENTS WHO WERE
BORN IN MISSISSIPPI AND ARE VETERANS OF THE ARMED FORCES
The Board of Trustees of State Institutions of Higher Learning and the boards of trustees
of the community/junior colleges are authorized to prescribe the amount of tuition
and fees to be paid by students attending the several state-supported institutions
of higher learning and community/junior colleges of the State of Mississippi.
IHL Board of Trustees Policies and Bylaws 103
Except as otherwise provided in this subsection, the total tuition to be paid by residents
of other states shall not be less than the average cost per student from appropriated
funds. However, the tuition to be paid by a resident of another state shall be equal
to the tuition amount established in the above paragraph if:
- The nonresident student was born in the State of Mississippi but subsequently relocated
and resided outside the state as a minor under the care of the minor’s father or mother,
or both; and
- The nonresident student is a veteran who served in the Armed Forces of the United
States; and
- The nonresident student is domiciled in Mississippi no later than six months after
the nonresident student’s separation from service, as evidenced by a Report of Separation
from Military Service or other military discharge document, for the purpose of enrolling
in a state institution of higher learning or a community/junior college.
Petition for Change in Residency Classification
Petitions for change of residency must be made on or before the last day to register
for any given semester.
A student who has reached the age of 22 and has met the requirements to become a resident
(has lived in Mississippi the past 12 consecutive months, used a Mississippi address
on his/her State and Federal Income tax return, registered to vote in Mississippi,
and has a vehicle registered in Mississippi) and shows intent to make Mississippi
his/her home, may petition the University Registrar for a change in residency.
The following documentation is required by law in order to obtain Mississippi residence.
These are statutory requirements, not University policy, and are rigidly enforced:
- Mississippi income tax returns
- Mississippi driver license
- Vehicle registration (MS. car tag) - Persons moving into the state on a permanent
basis have 30 days per state law to register vehicles. This requirement applies to
any student operating a vehicle regardless of ownership.
- Mississippi voter registration
- A home deed or lease reflecting 12 continuous months of domicile in Mississippi (On
campus housing is not considered a permanent residence)
- Must have a Mississippi home address on file with the Registrar’s Office
- Military orders if applying based upon active duty military exception
- Required Documents for Establishing Residency
As an adult:
- Students establishing their residency as an adult must be at least 22 years of age.
In addition, the application must have physically lived in Mississippi for 12 continuous
months after their 21st birthday. The application deadline is the last day to add
classes of the term for which you are petitioning.
- Completed, notarized residency application
- Copy of valid Mississippi driver's license
- Copy of Mississippi vehicle registration (This document is required for the vehicle
you use regularly in the state of Mississippi. If the vehicle is registered in a parent's
or other individual's name, it CAN and MUST be registered in Mississippi.)
- Copy of voter registration card
- Proof of 12 continuous months of PHYSICAL PRESENCE in the state of Mississippi
Acceptable forms proving physical presence in Mississippi:
- Enrollment in a Mississippi school or college
- Pay check stubs showing Mississippi taxes withheld. (Dollar amounts may be darkened.)
- Letter from a Mississippi employer stating dates employed
- Bank statements indicating consistent and routine transactions within the state of
Mississippi. (Dollar amounts may be darkened.)
Property deeds or utility bills are NOT acceptable forms of documentation.
As a minor or a spouse of a Mississippi resident:
- Students under the age of 21 may be classified as a resident based on the residency
of their parent or legal guardian. If the parents are divorced, the minor acquires
the residence of the parent with court-awarded custody.
- Married individuals may claim the resident status of their spouse if they choose to
do so by showing abandonment of their former domicile to assume the residency of their
spouse.
For minors:
- Completed, notarized residency application
- Copy of parent's Mississippi Driver's license
- Copy of parent's Mississippi vehicle registration
- Copy of parent's Mississippi voter registration card
- Evidence of parent's physical domicile in Mississippi
For spouses:
- Completed, notarized residency application
- A copy of the marriage certificate
- Copy of student and spouse's Mississippi Driver's license
- Copy of student and spouse's Mississippi vehicle registration
- Copy of student and spouse's Mississippi voter registration card
- Evidence of spouse's physical domicile in Mississippi
Acceptable proof of domicile
- Pay check stubs showing Mississippi taxes withheld. (Dollar amounts may be darkened.)
- Letter from a Mississippi employer
Property deeds or utility bills are NOT acceptable forms of documentation.
As a member of the military (or their dependent):
- Military personnel (and their dependents) assigned on active duty status in Mississippi
or honorably discharged are classified as residents for the period of time they are
in the state upon presentation of their orders. Military personnel who maintains Mississippi
as their state of residence can be considered Mississippi residents if they supply
a copy of their Mississippi tax return and their DD2058 or LES (leave and earnings
statement) showing Mississippi as their resident state.
- Completed, notarized residency application
- DD2058 or LES
A petition for change in residency status may be requested from:
The University of Southern Mississippi
Office of the Registrar
118 College Drive #5006
Hattiesburg, MS 39406-0001
These may be picked up in person on the Hattiesburg campus at Kennard-Washington Hall, Room 110.