A dependent individual is a person who is claimed (or eligible to be claimed) as a dependent on a parent/legal guardian’s federal taxes. To establish residency as a dependent individual, the student must be able to demonstrate lawful presence in the United States, and
the parent/legal guardian claiming the student for the most recent (and current) fiscal tax year, must be a US Citizen, Permanent Resident, have a valid application for Permanent Resident (I-797), Visa holder (cannot be F-1, J-1, or TN), or other immigrant statuses (see section,
Who is eligible to establish and maintain domicile for tuition purposes in Texas); and fulfill the following criteria:
- Parent/legal guardian must physically reside in Texas for the previous 12 consecutive months prior to the term of enrollment; and
- Parent/legal guardian must establish and maintain a domicile in Texas for 12 consecutive months prior to the term of enrollment by meeting one of the following four criteria:
- Residential Real Property - Have sole or joint-marital ownership, lease, or rental of residential real property in Texas with documentation, such as a warranty deed, lease agreement, or rental agreement, to verify ownership, rental, and leasing at the same residence during the 12 consecutive months immediately preceding the census date.
- Ownership of a Business – Organization of a business in Texas for at least the 12 consecutive months immediately preceding the census date, that reflects continuous, active management and substantial economic interest of the business with evidence of intended continuous operation for the foreseeable future.
- Significant Gainful Employment – An employer's statement of dates of employment and salary earned by the dependent's parent in Texas or pay stubs for the 12 consecutive months immediately preceding the census date. Salary should reflect significant gainful employment in Texas, which is sufficient to provide at least one-half of the individual’s tuition, fees, and living expenses or that represents an average of at least twenty hours of employment per week. Employment conditioned on student status, such as work study, the receipt of stipends, fellowships, or research or teaching assistantships does not constitute gainful employment.
- Marriage – Marriage certificate showing at least 12 months of marriage with documentation to support that the spouse has established and maintained domicile (through one of the above) in Texas for at least the 12 consecutive months immediately preceding the census date.