Registrar’s Office
303-273-3200
COLORADO SCHOOL OF MINES
Office of Legal Services

RESIDENCY AND TUITION CLASSIFICATION GUIDELINES


The state of Colorado partially subsidizes the cost of tuition for all students whose domicile, or
permanent legal residence, is in Colorado. Each CSM student is classified as either an “in-state
resident” or a “non-resident” at the time of matriculation. These classifications are based upon
information furnished by each student on his or her application for admission to CSM.

The specific requirements for establishing residency for tuition classification purposes are prescribed by
state law (Colorado Revised Statutes § 23-7-101, et seq.). Because Colorado law governs Colorado
residency status, the fact that a student might not qualify for in-state status in any other state does not
guarantee in-state status in Colorado. Moreover, it is presumed that a student classified as a non-
resident at the time of matriculation who seeks to establish Colorado domicile while registered at CSM
seeks Colorado domicile not solely for tuition purposes. The student can rebut this presumption and be
deemed an in-state resident only by a showing of clear and convincing evidence of his or her eligibility
for this status.

Petitioning for In-State Tuition Classification

A continuing, non-resident student who believes that he or she has become eligible for in-state tuition
due to events that have occurred subsequent to his or her initial enrollment may file a Petition for In-
State Tuition Classification with the Registrar’s Office. This petition is due in the Registrar’s Office no
later than the first day of the semester for which the student is requesting in-state residency status.
The registrar will make the initial decision regarding the student’s eligibility for in-state status. This
decision can be appealed by petition to the Tuition Classification Review committee. For more
information about this process, please contact the Registrar’s Office.

Summary of Statutory Requirements

In-state or resident status requires domicile in Colorado for one year or more immediately preceding
the beginning of the semester for which in-state status is sought. “Domicile” means a person’s true,
fixed, and permanent home and place of habitation. It is the place where the individual intends to
remain and to which he intends to return when he leaves. Establishment of a new domicile in Colorado
occurs when an individual is physically present in Colorado and does not intend to return to the state in
which he or she was formerly domiciled (or to acquire a domicile at some other place outside of
Colorado). The domicile of an unemancipated minor is the same as the parent or guardian with whom
he or she resides. Students over the age of 22 years, students commencing a post-baccalaureate
degree program, and emancipated minors are qualified to determine their own domicile. “Emancipated
minor” means a minor whose parents have entirely surrendered the right to the care, custody and
earnings of such minor, are under no duty to support the minor and have made no provision for the
support of such minor.

Domicile

Pursuant to Colorado law, the following may be considered as evidence of Colorado domicile:

Payment of Colorado income tax;
RG_607_FRM_ISTC Rv1

Employment in Colorado (other than that normally provided to students on a temporary basis
by CSM or other temporary employment);
Ownership of residential real property in Colorado;
Graduation from a high school located in Colorado;
Continued residence in the state of Colorado during periods when not enrolled as a student or
during periods between academic sessions;
Acceptance of future permanent employment in the state of Colorado;
Vehicle registration in Colorado; and
Any other factor peculiar to the individual that tends to establish the necessary intent to make
Colorado a Permanent home.

No single factor or combination of these factors may be considered conclusive evidence of domicile.
Moreover, because domicile is defined as a true, fixed and permanent home, individuals who are
present in Colorado on a temporary basis, e.g., for the purpose of completing a degree, cannot
establish domicile by merely taking these actions.

The following may be considered as evidence of domicile in another state:

Failure to comply with any Colorado law imposing a mandatory duty upon a domiciliary or
resident of this state;
Maintenance of a home in another state;
Payment of income tax in a state other than Colorado;
Prolonged absence from Colorado, except for the purpose of military or governmental service,
when the absence is due to a temporary relocation required as a condition of employment, or
when the student has been out of state for less than three years and his or parent or legal
guardian was and continues to be a resident of Colorado;
Return to one’s former residence for a substantial portion of the time during periods when not
enrolled as a student, or between academic sessions;
Vehicle registration in another state; and
Any other factor peculiar to the individual that tends to establish the fact that his or her
permanent home is in another state.

Emancipation

The following may be considered as evidence of emancipation, although none of these items, other
than marriage, may be considered as conclusive evidence of emancipation:

An affidavit from the parents stating their relinquishment of any claim or right to the care,
custody, and earnings of the minor, as well as the duty to support the minor;
Entry into the military service by the minor;
Failure of the parents to provide financial support to the minor, coupled with the evidence that
the minor is independently able to meet his or her own financial obligations, including the cost
of his or her education;
A minor’s marriage; and
Any other factor peculiar to the individual that tends to establish that he or she is independent
of his or her parents.

The following may be considered as evidence of non-emancipation:

A parent’s claiming of a minor as a dependent for the purpose of income taxation;

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A student’s receipt of and reliance on gifts, loans, or proceeds from an inter vivos trust
regardless of the date of receipt thereof and whether such funds are proffered by the parents,
another relative, or a friend of the minor.
The minor’s continued residence in the home of his or her parents (temporary visits excepted);
and
Any other factor peculiar to the individual that tends to establish that he or she lacks
independence and is dependent upon his or her parents.

Military Personnel

Members of the United States armed forces may be eligible to obtain in-state status after being
domiciled in Colorado for 12 continuous months and complying with the tuition classification statutes
or, notwithstanding the length of residency, upon moving to Colorado on a permanent change-of-
station basis. Moreover, any member of the military forces of Canada stationed in Colorado, or the
dependent of any such member, qualifies for in-state tuition status at any institution of higher
education in this state. However, no member of the Canadian military will be deemed to be stationed in
this state unless he maintains a full-time principal residence in Colorado. Moreover, in-state tuition
status for Canadian military personnel or their dependents will terminate at the conclusion of the
current semester upon transfer to any station outside of this state.

Olympic Athletes

An athlete who otherwise would not be classified as an in-state student for tuition purposes may
qualify for in-state status if the athlete is in residence and in training at the U.S. Olympic Training
Center at Colorado Springs.

Foreign Nationals

A foreign national, notwithstanding an intention to return to his or her country of origin or ineligibility
to establish domicile in the United States pursuant to federal law, is eligible for classification as an in-
state student after one year of Colorado residence if the primary purpose of the foreign national’s
residence in Colorado is other than for his or her education or for the education of a family member.
The Colorado Commission on Higher Education has determined which nonimmigrant alien categories
are subject to this provision. Nonimmigrants in the following categories cannot qualify for in-state
tuition: F-1, F-2, H-3, H-4 (if the visa holder is the spouse or child of an H-3), J-1, and J-2 (if the J-1
visa holder is a student or trainee), M-1 and M-2. Individuals who are lawful permanent residents or
who are admitted as refugees are eligible to establish domicile for tuition purposes.

WICHE Program Participants

The Western Interstate Commission for Higher Education (“WICHE”) promotes the sharing of higher
education resources among the participating western states. Under this program, residents of Alaska,
Arizona, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah,
Washington, and Wyoming who are enrolled in qualifying graduate programs may be eligible for in-
state tuition classification. Check the Graduate Bulletin or contact the Office of Graduate Studies to find
out which academic programs currently qualify.


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PETITION FOR IN-STATE TUITION CLASSIFICATION

IMPORTANT: Indicate the semester for which you are petitioning.
SEMESTER_________ YEAR_________

Freshman____ Transfer____ Graduate____ Non-Degree____ Returning____

Student’s Name_______________________________________________________
CWID No.________________ Social Security No._________________

Address
for Reply________________________________________________________________

Street


City


State Zip Code
Phone No(____)_______________
Email __________________________________
_____ ____________ ____________ ____________ __________________
Age
Birthdate
Marital Status Date Married
Maiden Name

***************************************************************************

Residency classification for tuition purposes is governed by Colorado Revised Statutes 1973,
23-7-101 et seq., (as amended). The statute provides that the burden of proving a Colorado
domicile rests squarely upon the petitioner. It is the petitioner’s responsibility to provide
adequate written information and supportive documentation as required by the registering
authority of this institution. The determination of domicile for tuition purposes will be made
by the registering authority of this institution on the basis of the written information and
supportive documentation supplied with this petition.

You must answer each of the following questions and attach all required documents. Failure
to include any required document will render the petition invalid. If the student is under 22
and is unemancipated, or if the student has turned 22 during the last twelve months and was
not previously emancipated, then the parent or court-appointed legal guardian of the student,
rather than the student, must complete this petition. If a parent or court-appointed legal
guardian completes this petition, then the information provided must reflect the situation of
the parent or court-appointed legal guardian rather the student’s situation. However, in the
case of a previously unemancipated student who has turned 22 during the past twelve months,
documentation about the student’s status since turning 22 should be provided in addition to
the information about the parent or guardian.

***************************************************************************

All documentation must be received by the petition deadline, the first day of class for any
given session. Documents become the property of CSM and will not be returned.

***************************************************************************

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Name of person completing this form_____________________________________________
Address____________________________________________________________________

Street


City


State

Zip Code
Phone No.(____)_______________

Relationship to Student________________________________________________________

If you are the court-appointed legal guardian of the student, you must enclose: (1) a copy of
the court decree or letters of guardianship, whichever is appropriate; (2) a statement from the
court that the parents, if living, do no provide substantial support to the minor child; and (3) a
statement from the court that appointed you guardian certifying that the primary purpose of
such appointment is not to qualify the student as a resident for tuition purposes.

Yes


No
1. Are you a citizen of the United States?.......................................................___ ___
If not,
a. Do you hold an immigrant visa? .......................................___ ___

b. Date visa issued__________________________

c. Type of visa_____________________________

d. Please attach a photocopy of your immigrant card

2. List all specific dates of physical presence in Colorado.
a. FROM:______/______/______ TO: ______/______/______


Month Day
Year

Month Day
Year
FROM:______/______/______ TO:
______/______/______

Month Day Year
Month Day Year
b. Please attach proof of your presence in Colorado for the past twelve months. (i.e.,
photocopies of rent receipts, canceled rent checks, or lease/letters from landlords).




Yes


No
3. Did you file a Colorado state income tax return in the last
twelve months?...........................................................................................___ ___
a. List exact years for which you have filed Colorado returns:
_________________________________________________________
b. List exact years for which you have filed returns in another
state:_____________________________________________________
c. If you did not file a Colorado return in the past twelve months,
please state reason(s):_______________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
d. Is Colorado income tax currently being withheld? ................................___ ___
e. Attach signed photocopies of Colorado (not federal) income tax
returns for the past two years. Submit W-2 forms if Colorado
returns were not filed.

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4. List all employment for the past two years. Attach a statement
from all Colorado employers during the past year indicating exact
dates of employment, whether you were hired on a permanent or
temporary basis, and whether it was/is full-time or part-time
a. _________________________________________________________
Employer (Company Name)
___________________________________________________________
Address
City
State
Zip
Code
FROM:______/______/______ TO: ______/______/______

Month Day
Year

Month Day
Year
b. _________________________________________________________
Employer (Company Name)
___________________________________________________________
Address
City
State
Zip
Code
FROM:______/______/______ TO:
______/______/______

Month
Day Year Month Day Year
c. _________________________________________________________
Employer (Company Name)
___________________________________________________________
Address
City
State
Zip
Code
FROM:______/______/______ TO:
______/______/______

Month
Day Year Month Day Year

Yes


No
5. Have you accepted future employment in Colorado? .................................___ ___
a. Effective date of future employment: M____ D____ Y____
b. Attach a photocopy of contract or other proof.

6. Are you registered to vote? .........................................................................___ ___
a. In what state?_______________________________
b. Date of last registration: M____ D____ Y____
c. If registered in Colorado, attach a photocopy of Certificate of
Registration from County Clerk.

7. Have you operated a motor vehicle in the past twelve months
in Colorado? ...............................................................................................___ ___
a. Approximate dates:_______________________________

8. Have you owned a motor vehicle within the past twelve months? .............___ ___
a. In what state was/is it licensed?_______________________________
b. Exact dates of Colorado motor vehicle registration during the
past two years:_______________________________
c. Please attach photocopies of all Colorado vehicle registration
showing the exact dates of registration for the past two years.

NOTE: If you do not currently own a motor vehicle, but have
owned one which was registered in Colorado in the past two
years, please attach photocopies of these registrations, or
verifying proof from the County Clerk and Recorder’s office.

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Yes


No
9. Do you have a current motor vehicle operator’s license? ...........................___ ___
a. In what state was it issued?_______________________________
b. Date of issue: M____ D____ Y____
c. Please attach a photocopy of your license.

10. Do you own residential real property in Colorado? ..................................___ ___
a. Date Purchased: M____ D____ Y____
b. Address: _______________________________________________________
Street


City

State
Zip Code
c. Please attach documentation of the date the contract for purchase was signed, or a
photocopy of the Warranty Deed.

11. Do you maintain a home(s) in another state?............................................___ ___
a. List state(s):_____________________________________________________
_________________________________________________________________
b. List dates that you have resided in this/these home(s):____________________
_________________________________________________________________

12. Were you graduated from a Colorado high school? .................................___ ___

13. Have you attended any college or university during the past two
years, including CSM?..............................................................................___ ___
Dates attended (MM/YY)
Institution
From__________ To__________
______________________________
From__________ To__________
______________________________
From__________ To__________
______________________________
From__________ To__________
______________________________
a. At which school(s) were you assessed in-state tuition?__________________
_____________________________________________________________

14. Have you served in the Armed Forces during the past two years? ..........___ ___
a. If so, list dates of service:
From: M____ D____ Y____
To: M____ D____ Y____
b. What period of this time were you stationed in Colorado?
From: M____ D____ Y____
To: M____ D____ Y____
c. Please attach a verified copy of your most recent W-4 form
filed with your military personnel office.
d. Please attach a copy of your DD-214 form if discharged.
e. If currently on active duty, include a statement from your
personnel officer certifying your state of legal residence for
tax purposes. If Colorado, the date of change to Colorado
must be included.

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***************************************************************************

Complete the following questions ONLY IF (a) you are under 22 years of age and
emancipated, or (b) you have turned 22 in the past twelve months and were emancipated prior
to turning 22. If not applicable, proceed to question #16.

***************************************************************************

15. a. Please attach copies of your parents’ federal income tax returns covering the period of
your emancipation and have your parents complete Section 18.
b. List all financial support provided to you by your parents during the past fifteen
months.
Month____________________ Year________ Amount______________________
Month____________________ Year________ Amount______________________
Month____________________ Year________ Amount______________________
c. List the last year your parents claimed you as a dependent on their federal income tax
return:
_________________________________________________________________
d. List your parents’ home address and the dates you resided there in the past two years.
Address Dates
Resided
(MM/YY)
______________________________________ From:__________ To: :__________
______________________________________ From:__________ To: :__________
______________________________________ From:__________ To: :__________
e. List all of your sources of income (employment, loans, school sources, personal
savings, trust funds and gifts from parents, relatives, and friends, etc.) since your
parents ceased providing financial support.
NOTE: You must attach verifying proof and documentation for each income source
during the past twelve months.
1. If your income is provided by a trust fund, furnish written documentation (such as
photocopies of legal papers setting up the trust) of the purpose for which the fund
was formed, the date it was established, and the dates, amounts and the persons by
whom any money was added to the trust fund in the past fifteen months.
2. If you have savings they must be documented by photocopies of balance statements
or passbook pages covering the entire twelve-month period.
3. If employment is used as an income source, list it in terms of yearly take home totals
(as documented by W-2 forms, statements from employers, etc.) rather then in terms
of wages per hour, per week, or per month.
Source Address Date

Amount
______________________ ________________________ _________ ___________
______________________ ________________________ _________ ___________
______________________ ________________________ _________ ___________
______________________ ________________________ _________ ___________
______________________ ________________________ _________ ___________
______________________ ________________________ _________ ___________
f. List and complete expenses for the past twelve months:
Room per month______________________ x 12 = Total for year $________________
Board per month______________________ x 12 = Total for year $________________
Tuition and fees per term___________________ = Total for year $________________
Miscellaneous per month_____________________ x 12 = Total for year $__________

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16. Supply any and all additional information you feel can help to show your intent to make
Colorado your permanent home.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

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17. IMPORTANT: If false information or any falsified supporting document is included
in this petition, the petition will be void and any determination of in-state classification
based on the petition will be nullified.

I hereby swear/affirm that the answers given this petition are accurate and complete, and
that all documents attached hereto are true and unaltered copies of the original documents
requested. If my circumstances change, affecting the tuition status requested by this
petition, I agree to notify the Admissions Office and the Office of the Registrar in writing
within fifteen days after such change.


____________________________

_________
Signature
of
petitioner
Date

____________________________

_________
Signature
of
parent
or
legal
Date
Guardian
completing
this
form


State of __________________________)

County of _________________________)

Sworn to and subscribed before me this

______ day of __________, ______

__________________________________
Signature
of
Notary
Public

My Commission Expires ____________________________ (SEAL)

NOTE: RESIDENCY CLASSIFICATIONS FOR TUITION PURPOSES WILL BE
REVIEWED AND RE-EXAMINED PERIODICALLY. IF IT APPEARS THAT A
STUDENT IS NO LONGER A RESIDENT FOR TUITION PURPOSES, THE
STUDENT IS SUBJECT TO BEING RECLASSIFIED AS A NONRESIDENT
AND DOCUMENTATION OF DOMICILE MAY AGAIN BE REQUIRED.

Approval of change in residency (and tuition charges) may affect eligibility for
financial assistance. Check with the Financial Aid Office for more information.

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PARENT(S) STATEMENT FOR
MINOR CLAIMING EMANCIPATION


18. I (We) _________________________________________________, the parent(s) of

_______________________________________________________ hereby swear/affirm
MINOR’S
NAME
that I (we) have entirely surrendered that right to care, custody, and earnings of

_______________________________________________ as of ____/____/____. The last


MINOR’S NAME



M D Y
time this minor was claimed by me (us) as a state or federal income tax exemption was

____/____/____ and (s)he will not be so claimed in this or subsequent years. The only
M D Y
support I (we) have provided to this minor since emancipation has been ______________
________________________________________________________________________
________________________________________________________________________

Attached are copies of all federal income tax returns (not W-2 forms) covering the above
period of emancipation.

The emancipation referred to herein is an absolute emancipation for all purposes whatsoever,
and was not done for the purpose of tuition classification.


____________________________

_________

____________________________

_________
Signature
of
parent(s)
Date

State of __________________________)

County of _________________________)

Sworn to and subscribed before me this

______ day of __________, ______

__________________________________
Signature
of
Notary
Public

My Commission Expires ____________________________ (SEAL)

NOTE: IF UPON PERIODIC RE-EXAMINATION OF AN INDIVIDUAL’S STATUS AS
AN EMANCIPATED MINOR, IT APPEARS THAT HE/SHE IS NO LONGER
EMANCIPATED, THE STUDENT IS SUBJECT TO BEING RECLASSIFIED AS
A NONRESIDENT FOR TUITION PURPOSES. EVIDENCE THAT A MINOR IS
NOT LONGER EMANCIPATED MAY INCLUDE SUPPORT BY PARENT(S) OR
BEING CLAIMED AS A TAX EXEMPTION BY PARENT(S).

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