The State Council of Higher Education for Virginia claims that to be classified as a resident of the state of Virginia, a student must be able to prove that he has lived in the state for at least 12 consecutive months before the first day of class. He can prove his residency with a driver's license, tax forms, voter registration or vehicle registration. If he is a dependent student who is still being supported by his parents, his parents will need to show proof that they are residents of the state of Virginia.
All students who are under 24 years old are presumed to be dependents unless they can prove that they are married or have dependents other than their spouse. Graduate students, members of active duty military, wards of the state and children who are without parents or legal guardians must also prove their emancipated status to avoid being classified as a dependent.
Students whose parents are active duty military or who are active duty military themselves are exempt from the one-year residency requirement. However, they must claim the state of Virginia as their legal residency. They must file a State of Legal Residence form, pay Virginia taxes, obtain an Virginia driver's license and register their vehicles in the state of Virginia. These students will then be eligible for in-state tuition.
Employees whose legal residence is Virginia but who work out of state are eligible for in-state tuition if they have worked in Virginia for at least a year and paid state taxes on their earnings. Their children are eligible for in-state tuition if they were claimed as dependents for state taxation purposes. Exceptions may also be made for children whose parents were killed in combat during active duty or lost their lives enforcing the law.
An international student is under the same requirement as an American citizen. To pay in-state tuition in Virginia, he must provide proof that he has lived in Virginia for at least one year. The student may claim eligibility through his parents or through a spouse. He must also submit documentation such as a passport or visa that proves his eligibility to be in the country.