Residency Classification for Tuition Purposes

The New Mexico Department of Higher Education and NOT New Mexico Tech sets the Establishing Residency Requirements for tuition purposes. These requirements apply to US Citizens and those students who established Permanent Resident Status or who have applied for Permanent Resident Status (see additional information on non-citizens below).

Initially a student is classified as a resident or non-resident for tuition purposes based on information supplied at the time of admission or readmission.  A brochure (PDF File) detailing residency is available in our office, "Office of the Registrar," and most admission offices at other campuses.

There are five basic residency requirements (residency petitions are processed twice per year, before the fall semester and again before the spring semester.... everyone receives in-state rates over summer sessions): 

12 months consecutive residence (Primary requirement and needed to be supplied to be considered). (Twelve Month Residence Waivers)

A student must physically reside in the state of New Mexico for the 12 consecutive months immediately preceding the term in which the student is filing for.  Students cannot begin to complete the 12 month requirement until their 18th birthday. The proof that is usually provided for this requirement is usually fulfilled by a yearly lease, if a yearly lease cannot be supplied then a lease agreement and a notarized letter from landlord stating the fulfilled requirement must be supplied in replacement of a yearly agreement.

Financial Independence or Emancipated Minor: (Financial Independence Waivers)

Students who are 19 to 23 years of age cannot be approved for residency if they are financially dependent on their parents or legal guardians who are non-residents of New Mexico. A minor's residence is classified the same as his/her parents' or legal guardian's.

Dependent Minor: (minor of parents or legal guardians who have relocated to NM)

Any student who is financially dependent and moves to NM with whom they are dependent upon shall be granted residency based upon his/her parents/legal guardians, with the appropriate documentation. such as:

• Tax forms of the Parents/legal guardians
• Established living arrangement in NM of parents/legal guardians
• Parental/legal guardian established employment or retirement in NM

Written Declaration of Intent: (This is satisfied by completing the Petition for Residency)

The Admission Form and Petition for In-State Residency Form asks if you intend to be a New Mexico Resident.
 

Overt Acts (secondary requirements):

(at least 2 supporting documents from below needed)

Residency regulations require the completion of at least two overt acts which support the student's declaration of intent to become a permanent resident. No any document submitted as an overt act can be from out-of-state.

• If applicant is financially independent, a copy of parents or legal guardians previous' year federal income tax would be needing proving the student is financially independent.
• NM high school transcript confirming attendance of 12 months or greater, or a NM high school diploma
• NM driver's license or ID card issued prior to the first day of the term in which he/she is petitioning.
• NM Personal Income Tax statement (NM-PIT)
• Evidence of employment in NM
• NM voter registration card issued prior to the first day of the term in which he/she is petitioning
• NM vehicle registration issued prior to the first day of the tem in which he/she is petitioning.
• Proof of residential property ownership in NM.
• Rental agreement in NM (can only be supplied in this area if not used for primary requirement above).
• Utility bill in NM
• Other document evidence or reasonable explanation of residency as determined by NMT.

Residency Overrides

Students meeting any of the following conditions override the five basic requirements and can be granted residency.

• Members of an Indian nation, tribe, or pueblo located wholly or partially in NM, regardless of residence (Certificate of Indian Blood, or similar documentation and form required)
• Any active service members (and their spouse, and children) of the U.S. armed forces including the National Guard stationed in New Mexico (active duty military form required).
• Those who qualify under NM Senate Bill 582 which states that any person who attended high school in NM for at least 12 months and received a High School diploma or GED from a NM institution regardless of immigration status may establish residency (NM high school transcript required; and/or diploma)
• Other overrides

Changing Your Residency Status

Continuing education non-resident students who have satisfied requirements for New Mexico residency may file a Petition for In-State Tuition Classification in the NMT's Registrar's Office.  Residency petitions will be accepted through the 3rd Friday of the semester and must include documentation verifying all four requirements (or any waiver or override used). All requirements must be met prior to the first day of the term.

New students changing residency for the term you applied for only need to submit documentation correcting the condition(s) that made you non-resident. Documentation will be accepted through the 3rd Friday of the term. All requirements for residency must be met prior to the first day of the term.

Any act considered inconsistent with being a New Mexico resident such as maintaining vehicle registration, voter's registration, Driver's license, etc. will be cause to deny or revoke residency.  Any and all acts that may have caused non-resident status on your admission application must be proved to no longer exist.

All communication from NMT is done through your NMT email, this is also where any correspondence concerning your residency petition will be held.  Residency status will be reflected in your student account and your student bill.

Residency for non-US citizens:

Non-citizens who are lawfully in the United States and have applied for or obtained permanent status from the United States Citizenship and Immigration Services, or non-citizens who serve on active duty in the armed forces of the United States, may establish residency by meeting the requirements.  Any non-citizens on other visa's (student, diplomatic, visitor or visiting scholar, including their spouses and dependents) are non-residents for tuition purposes.

Any person who attended high school in NM for at least one year and received a high school diploma or GED from a NM institution may establish residency regardless of immigration status.

*All forms can be obtained from the forms page, links on this page, or in our office.