Residency
Applying for and Changing your Residency
Requirements to establish New Mexico residency: If you are over 18 years of age, you may become a legal resident of New Mexico for tuition purposes by meeting each of the following requirements as defined by the New Mexico Higher Education Department.
Twelve month durational requirement.
A person must physically reside in New Mexico for the twelve consecutive months immediately preceding the term for which the resident classification is requested.
Financial independence requirement.
Only persons who are financially independent may establish residency apart from parents or guardians. A student cannot be approved for residency who is financially dependent upon his or her parents or legal guardians who are nonresidents of New Mexico. Dependency is always determined by the status of the student on their parent’s or guardians previous year federal income tax form. If the student is shown to be dependent, they will not be considered financially independent or eligible for residency during the current year.
Written declaration of intent requirement.
The student or person must sign a written declaration of intent to relinquish residency in any other state and to establish it in New Mexico, this is also known as the Application for In-State Residency.
Overt acts requirement.
Overt acts are required as evidence support of the written declaration of intent to establish permanent residency in New Mexico. The required overt acts are evidence of any two of the following:
If the applicant is financially dependent, a copy of the parent or guardians’ previous year income tax showing the applicant as a dependent and the parent address as New Mexico; or
A New Mexico high school transcript issued in the past year confirming attendance at a New Mexico public or private high school completing as least 2 semesters (12) months; or
A transcript from an online high school showing a New Mexico address confirming attendance with the completion of 2 semesters twelve (12) months; or
A New Mexico driver’s license or ID card with an original date of issue or a renewal date issued prior to the application date for admission; or
Proof of payment of New Mexico state income tax for the previous year; or
Evidence of employment within the state of New Mexico; or
New Mexico vehicle registration; or
Voter registration in New Mexico; or
A bank account established in New Mexico prior to the application date for admission; or
Proof of residential property ownership in New Mexico; or
A rental agreement within New Mexico; or
Utility bills showing the applicant name and a New Mexico address; or
Other evidence which would reasonably support the individual’s intent to establish and maintain New Mexico residency.
Any act considered inconsistent with being a New Mexico resident will cause the request for resident classification to be denied. As such, other relevant factors may be considered in addition to the items listed in this Section.
The Higher Education Department recognizes that there may be circumstances in which a student would not be able to fulfill the requirements of an overt act as listed in this section, such as: 1) individual is physically disabled and does not have a driver’s license, or 2) individual is a convicted felon and therefore cannot vote, etc. In instances such as these, the institution will afford the student an opportunity to provide other documentary evidence or reasonable explanation which demonstrates that permanent residency in New Mexico has been established by the student.
All petitions for New Mexico residency are due on registration day and in no case later than the 21st day of the fall or spring semester. You will not be entitled to any refund of tuition if you become a resident during a semester, summer session, or other term. Detailed information concerning residency requirements is available from the Registrar on NMHED at https://hed.nm.gov/financial-aid/residency-requirements