Virginia In-State Tuition Requirements: Complete 2025 Guide
Published: September 17, 2025 | Updated for: 2025-26 Academic Year
Short on time? Get the essential requirements in our quick-reference checklist format—perfect for at-a-glance review.
View Quick Checklist →Key Financial Impact
Virginia Resident Tuition (UVA 2025-26)
First/Second Year: $16,258 + ~$3,730 fees
Third/Fourth Year: $19,350 + ~$3,730 fees
Non-Resident Tuition (UVA 2025-26)
First/Second Year: $55,436 + ~$4,412 fees
Third/Fourth Year: $58,548 + ~$4,412 fees
Potential Annual Savings: Up to $39,178 for qualifying Virginia residents
Legal Foundation
Virginia’s in-state tuition eligibility is governed by Virginia Code Title 23.1, Chapter 5, which establishes the legal framework for domicile determination and residency classification.
Why Virginia is Notoriously Difficult: Virginia requires much more than simply living in the state. Students must overcome multiple legal presumptions working against them, including the presumption that students under 24 are financially dependent on their parents and that students who move to Virginia and quickly enroll are doing so primarily for educational purposes.
“To be eligible for in-state tuition… [the student or qualifying parent/spouse/guardian] shall establish by clear and convincing evidence (i) domicile in the Commonwealth for a period of at least one year immediately succeeding the establishment of domiciliary intent… and immediately prior to the date of the alleged entitlement and (ii) the abandonment of any previous domicile, if such existed.”
The “Clear and Convincing Evidence” Challenge
Virginia’s exceptionally high burden of proof requires evidence that “affirms that the student’s assertion is more highly probable to be true than not and the domicile officer has a firm belief or conviction in it.” This standard is significantly more demanding than the typical “preponderance of evidence” used in most civil cases.
Key Legal Definitions
“Domicile” is “the present, fixed home… to which [one] returns following temporary absences and at which he intends to stay indefinitely.”
Core Eligibility Requirements
1. Virginia Domicile
Establish Virginia as your permanent legal home with intent to remain indefinitely. This goes beyond mere physical presence.
2. One-Year Period
Maintain Virginia domicile for at least 12 months immediately prior to the first day of classes for your term.
3. Clear and Convincing Evidence
Provide documentation that has existed for at least one year prior to your enrollment date.
4. Abandon Previous Domicile
Demonstrate that you have abandoned any previous domicile and committed to Virginia as your permanent home.
5. Not Primarily for Education
Rebut the presumption that you moved to Virginia primarily for educational purposes if you enrolled shortly after moving.
6. Supporting Documentation
Compile evidence including tax returns, driver’s license, voter registration, employment, and other ties to Virginia.
Required Evidence Types
Note: The challenge isn’t just obtaining these documents—it’s proving they represent genuine intent to remain in Virginia indefinitely rather than just meeting residency requirements.
Documentation Checklist (Must exist for 12+ months):
- Virginia tax returns – Filed as Virginia resident
- Virginia driver’s license – Updated within required timeframe
- Virginia vehicle registration – All vehicles registered in Virginia
- Virginia voter registration – Plus actual voting record
- Continuous Virginia residence – Lease agreements, property ownership
- Virginia employment – Full-time work history in Virginia
- Financial accounts – Banking relationships in Virginia
- Professional licenses – Licensed to practice in Virginia
- Social and economic ties – Community involvement, memberships
- Post-graduation employment – Job offers or employment in Virginia
Military Provisions
One-Year Requirement Waived
Under Virginia Code § 23.1-504, the one-year domicile requirement is waived for:
- Active duty U.S. military personnel claiming Virginia domicile
- Certain veterans and military survivors
- Dependent spouses and children claiming through qualifying military members
Dependents “Deemed Domiciled”
Dependents of active duty, activated, or temporarily mobilized service members “shall be deemed to be domiciled” and eligible for in-state tuition under specific assignment and residence scenarios outlined in Virginia Code § 23.1-505.
This includes protections for continuous enrollment and limited waivers for breaks up to one year due to military moves.
Tuition Equity for High School Completers
Virginia Code § 23.1-505.1 provides an alternative pathway regardless of immigration status:
Virginia High School Attendance
Attended Virginia high school for ≥2 years and graduated on/after July 1, 2008, or passed approved equivalency exam.
Virginia Tax Filing History
Student (or parent/guardian for dependents) filed Virginia income taxes for at least two years prior to registration.
Virginia Enrollment
Register and enroll at a Virginia public or private institution.
Visa Exclusions: Current F, H(iii) trainee, J students/trainees, and M visa holders are excluded from this pathway.
Financial Aid Eligibility: Students qualifying under Tuition Equity are eligible for state financial assistance.
Application Process
University of Virginia Procedures
UVA Office of Virginia Status
Website: vastatus.virginia.edu
Application Deadline: Before the first day of classes for the term
Recommended Timeline: Submit complete application at least 60 days before classes
Appeal Deadline: 14 days after determination letter
Key Application Requirements
- Timely Submission: Applications must be submitted before the first day of classes – late applications are not reviewed
- Complete Documentation: All supporting evidence must be included with the application
- No Retroactive Classification: Reclassification is not permitted except to correct institutional error
- Portal Monitoring: Check your student portal for determination – individual emails are not sent due to volume
Appeals Process
Virginia Code § 23.1-510 mandates a three-level appeals process:
- Initial Determination – First-level review by institution
- Intermediate Review – Second-level institutional review
- Final Administrative Review – Written final decision by institution
- Circuit Court Review – Must petition within 30 days of final administrative decision
Additional Qualification Pathways
Complete list of exception categories:
- Virginia domicile (primary pathway)
- Military members and dependents
- High school completers (Tuition Equity)
- Certain workers in Virginia
- Veterans and military survivors residing in Virginia
- Foreign Service officers residing ≥90 days in Virginia
- Refugees and Special Immigrant Visa holders
- Academic Common Market programs
- Specified exchange programs
- UVA-Wise students within 50 miles in Kentucky
- Community college border reciprocity (within 30 miles)
- Employer contract rates
- Intelligence Community eligibility (new 2024)
- Freely Associated States citizens (new 2024)
State Financial Aid Note: Only students qualifying under Virginia domicile, Dependent Military, or Tuition Equity provisions are eligible for state financial assistance programs.
2025-26 Tuition and Fee Schedule
| Student Level | Virginia Resident | Non-Resident | Annual Savings |
|---|---|---|---|
| First/Second Year | $19,988 total | $59,848 total | $39,860 |
| Third/Fourth Year | $23,080 total | $62,960 total | $39,880 |
2025-26 Tuition Credit: Virginia undergraduates receive a one-time 3% tuition credit for the 2025-26 academic year, applied per term and varying by school.
Frequently Asked Questions
You must establish Virginia domicile and maintain it for at least 12 months immediately prior to the first day of classes for the term you seek in-state rates. This period begins after you establish domiciliary intent to remain in Virginia indefinitely.
Virginia Code § 23.1-503 states that students cannot “establish domicile by mere physical presence or residence primarily for educational purposes.” If you moved to Virginia and quickly enrolled full-time, you must rebut the presumption that you’re here primarily for education with clear and convincing evidence.
The one-year domicile requirement is waived for certain military members under § 23.1-504. Additionally, dependents of active duty personnel may be “deemed domiciled” under specific assignment circumstances outlined in § 23.1-505, including assignments in DC or contiguous states where the dependent resides in Virginia.
Tuition Equity (§ 23.1-505.1) allows students to receive in-state rates regardless of immigration status if they: (1) attended VA high school ≥2 years and graduated/passed equivalency since July 1, 2008, (2) filed VA income taxes for 2+ years, and (3) enroll at a VA institution. Certain visa holders (F, H(iii) trainee, J, M) are excluded.
You need clear and convincing evidence that has existed for at least 12 months, including: Virginia tax returns, driver’s license, vehicle registration, voter registration and voting record, continuous residence documentation, employment history, banking relationships, and social/economic ties to Virginia.
Applications must be submitted before the first day of classes for the term you seek in-state rates. UVA recommends submitting at least 60 days early. Late applications are not reviewed, and retroactive reclassification is not permitted except to correct institutional errors.
Dependent students are rebuttably presumed to have the domicile of the tax-claiming or substantially supporting parent/guardian under § 23.1-503. However, married students may establish domicile like unmarried persons, and dependent students can potentially rebut this presumption with clear and convincing evidence of financial independence and separate domicile.
Virginia Code § 23.1-510 provides a three-level appeals process: initial determination, intermediate review, and final administrative review (in writing). At UVA, you must notify the Office of Virginia Status within 14 days of the determination letter. After exhausting institutional appeals, you can petition the circuit court within 30 days of the final administrative decision.
Key Resources and Contacts
UVA Office of Virginia Status
Website: vastatus.virginia.edu
Application: Application for Virginia In-State Educational Privileges
State Council of Higher Education for Virginia (SCHEV)
Website: schev.edu
Residency Guidelines: In-State Residency Information
Virginia Legal Statutes
Title 23.1, Chapter 5: Complete Chapter 5 – In-State Tuition and Reduced Rate Tuition Eligibility
Key Sections: § 23.1-500 (definitions), § 23.1-502 (eligibility), § 23.1-503 (domicile determination), § 23.1-504 & § 23.1-505 (military), § 23.1-505.1 (Tuition Equity), § 23.1-510 (appeals)