In state or out of state - VA

[Anonymous]

We own a house in Virginia, pay taxes but currently live overseas. My kid has a VA 529. Will she be considered in state or out of state? And is there any way to choose, if so, what would be beneficial? We have a few years until applying but I wanted to understand this a bit. Thank you in advance.

[Anonymous]

Having property and a 529 and paying taxes are not enough. You have to be physically in Virginia to be a resident.

The statutory requirements are:

twelve months of physical presence in Virginia (i.e. living in the state) and,
the simultaneous demonstration of domicile intent (the performance of acts of objective conduct that demonstrate intent) and,
the intent to remain in Virginia indefinitely.

[Anonymous]

Here’s a good explanation:

https://www.umw.edu/admissions/viteligibility/

[Anonymous]

If you live overseas because you’re military, there are exceptions. (See the bottom of the page PP linked.)

[Anonymous]

The exemptions also apply to foreign service assignments so it depends on the reason your family is overseas. See full list of exemptions here:

https://law.lis.virginia.gov/vacode/title23.1/chapter5/section23.1-506/

[Anonymous]

This happened to me my parents moved for a government job when I was in Virginia and I went to a state school.

If you’re military, or government employee, you should have a state domicile that is your state of residence. If the only home you own is in Virginia, you’re most likely a Virginia resident.

There’s a board that determines the residency for most colleges, I had to write a letter to the board to tell them I was a Virginia resident, even though my parents move freshman year of college. I got to maintain my state residency all four years. I had to stay summers in Virginia and use that as my permanent address in Virginia, and tuition go would be sent there instead of to my parents address.

I will look up the link for it.

If you’re overseas for a private corporation, like Exxon, or some thing though, but I don’t think it applies

[Anonymous]

https://www.schev.edu/financial-aid/in-state-residency

[Anonymous]

OP here, thanks for all the answers. What about admissions? When DC is being considered by VA schools, does this mean she will be looked at as OOS? Is getting into, say, UVA, harder or easier if you are OOS?

[Anonymous]

Anonymous wrote:When you return to the US, just make sure you do so by walking across the southern border. Problem solved.

This sounds like some weird attempt to make a political joke.

[Anonymous]

Anonymous wrote:OP here, thanks for all the answers. What about admissions? When DC is being considered by VA schools, does this mean she will be looked at as OOS? Is getting into, say, UVA, harder or easier if you are OOS?

Are these real questions or are you a troll?

[Anonymous]

Anonymous wrote:OP here, thanks for all the answers. What about admissions? When DC is being considered by VA schools, does this mean she will be looked at as OOS? Is getting into, say, UVA, harder or easier if you are OOS?

If you are OOS they will look at you as if you're out of state. Seems obvious.

[Anonymous]

No, it’s not obvious for military and government personnel overseas.

If you are with the US government, you are really considered an American and have a home state domicile, and you are not international student. If you are not, then you are considered an international student, even if you are an American citizen

[Anonymous]

This was us. Your child is considered out of state unless you or your spouse is active duty military assigned overseas (I think there is an exclusion for foreign service too). If you are a government contractor, are overseas working for a private or public company, or are even a non-activated reservist in the military drilling overseas, you will be considered out of state. Your child will also be considered OOS when they apply to schools in Virginia. Owning a home, having a VA driver's license, being registered to vote in VA...it does not matter. That being said, living overseas might actually be a benefit when applying. If your child currently attends an International School overseas, has great grades, and great SAT scores, this can be really helpful! Be sure to have them get in touch with the admission representative for overseas. When we lived in Germany, plenty of American universities had admissions reps visit our international school. BTW, your VA 529 can be used for universities in other states.

[Anonymous]

OOS into UVA is of course harder. My thoughts are if you have to ask if you are a resident of VA, you probably aren't.

[Anonymous]

Anonymous wrote:
OOS into UVA is of course harder. My thoughts are if you have to ask if you are a resident of VA, you probably aren't.

Not true and it make sense to confirm it with others or push on it.