Board of Regents Policies & Definitions

An institution may award out-of-state tuition differential waivers and assess in-state tuition for certain nonresidents of Georgia for the following reasons (under the following conditions):

Students selected to participate in a program offered through the Academic Common Market.
Full-time employees of the University System, their spouses, and their dependent children.
Full-time employees in the public schools of Georgia or the Technical College System of Georgia, their spouses, and their dependent children. Teachers employed full-time on military bases in Georgia shall also qualify for this waiver (BR Minutes, 1988-89, p.43)
Career consular officers, their spouses, and their dependent children who are citizens of the foreign nation that their Consulate office represents and who are stationed and living in Georgia under orders of their respective governments.
Military Personnel, their spouses, and their dependent children stationed in or assigned to Georgia and on active duty. The waiver can be retained by the military personnel, their spouses, and their dependent children if:

The military sponsor is reassigned outside of Georgia, and the student(s) remain(s) continuously enrolled and the military sponsor remains on active military status;

The military sponsor is reassigned out-of-state and the spouse and dependent children remain in Georgia and the sponsor remains on active military duty; or,

The active military personnel and their spouse and dependent children are stationed in a state contiguous to the Georgia border and live in Georgia. (BoR Minutes, February 2009)

Graduate students attending the University of Georgia, the Georgia Institute of Technology, Georgia State University, and the Medical College of Georgia, which shall be authorized to waive the out-of-state tuition differential for a limited number of graduate students each year, with the understanding that the number of students at each of these institutions to whom such waivers are granted, shall not exceed the number assigned below at any one point in time:

  • University of Georgia 80
  • Georgia Institute of Technology 60
  • Georgia State University 80
  • Medical College of Georgia 20
Active members of the Georgia National Guard, stationed or assigned to Georgia or active members of a unit of the U.S. Military Reserves based in Georgia, and their spouses and their dependent children.
As of the first day of classes for the term, an economic advantage waiver may be granted to a U.S. citizen or U.S. legal permanent resident who can provide clear evidence that the student or the student’s parent, spouse, or U.S. court-appointed legal guardian has relocated to the State of Georgia to accept full-time, self-sustaining employment and has established domicile in the State of Georgia. Relocation to the state must be for reasons other than enrolling in an institution of higher education. This waiver will expire 12 months from the date the waiver was granted. An independent non-citizen may be granted this waiver if they possess a valid employment-related visa status, and can provide clear evidence of having taken all legally permissible steps toward establishing legal permanent residence in the United States This is in addition to the requirements set above. Independent non-citizen students may continue to receive this waiver as long as they maintain a valid employment-related visa status and can demonstrate continued efforts to establish U.S. legal permanent residence.

A dependent non-citizen student who can provide clear evidence that the student’s parent, spouse, or legal guardian possesses a valid employment-related visa status and can provide clear evidence of having relocated to the State of Georgia to accept full-time, self-sustaining employment is also eligible to receive this waiver. Relocation to the state must be for employment reasons and not for the purpose of enrolling in an institution of higher education. These individuals must be able to show clear evidence of having taken legally permissible steps toward establishing legal permanent residence in the United States and the establishment of legal domicile in the State of Georgia. Students may continue to receive this waiver as long as they can demonstrate that their parent, spouse, or legal guardian is maintaining full-time, self-sustaining employment in Georgia and is continuing efforts to pursue an adjustment of status to U.S. legal permanent resident and the establishment of legal domicile in the State of Georgia. (BR Minutes, October 2008.)

Members of a uniformed military service of the United States who, within 12 months of separation from such service, enroll in an academic program and demonstrate intent to become a permanent resident of Georgia. This waiver may also be granted to their spouses and dependent children. This waiver may be granted for not more than one year. (BR Minutes, October 2008)
As of the first day of classes for the term, a non-resident student can be considered for this waiver under the following conditions:

Students under 24
If the parent, or United States court-appointed legal guardian has maintained domicile in Georgia for at least twelve (12) consecutive months and the student can provide clear and legal evidence showing the relationship to the parent legal guardian has existed for at least twelve (12) consecutive months immediately preceding the first day of classes for the term. Under Georgia code, legal guardianship must be established prior to the student’s 18th birthday (BoR Minutes, October 2008, title amended February 2010); or

If the student can provide clear and legal evidence showing a familial relationship to the spouse and the spouse has maintained domicile in Georgia for at least twelve (12) consecutive months immediately preceding the first day of classes for the term (BoR Minutes, February 2010).

Students 24 and Older
If the student can provide clear and legal evidence showing a familial relationship to the spouse and the spouse has maintained domicile in Georgia for at least twelve (12) consecutive months immediately preceding the first day of classes for the term.

This waiver can remain in effect as long as the student remains continuously enrolled (BoR Minutes, October 2008).

Students who come to Georgia State from another state and work for companies in Georgia remain ineligible for in-state tuition in the absence of compelling evidence of intent to remain in Georgia permanently. Having Georgia voter registration, having employment in any position normally filled by a student (such as co-op, graduate research assistant, or graduate teaching assistant), having a lease of living quarters, having a Georgia automobile registration, and having Georgia driver’s license do not constitute sufficient evidence of domicile to affect classification as an in-state student under the Board of Regents’ policy.

Updated May 2010