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Residency Waivers and Overrides

12 Month Consecutive Residency Waivers

All other residency requirements must be met
  • Marriage to a legal resident of NM (requires a copy of your marriage certificate and 2 NM overt acts of your spouse);
  • Persons (or spouse or dependent) who move to New Mexico to work full time, practice a profession full time, or conduct a business full-time (employment verification form required);
  • Persons (or spouse or dependent) who move to New Mexico for retirement;
  • Legal residents of New Mexico can leave the state for less than 12 months and retain New Mexico residency so long as they take no action inconsistent with legal residence in New Mexico (such as voting or obtaining a license in another state);
  • Federal service employees and military personnel who were legal residents of New Mexico prior to entering federal service or the armed forces may retain their New Mexico residency so long as they take no action inconsistent with legal residence in New Mexico (such as voting or obtaining a license in another state, remaining outside NM for an unreasonable time after separation from service, or establishing another residency);
  • New Mexico residents on missionary or religious assignment outside of New Mexico may retain their New Mexico residency so long as they take no action inconsistent with legal residence in New Mexico (such as voting or obtaining a license in another state or establishing another residency) and return to NM within one year of completion;
  • New Mexico residents attending school out-of-state may retain their New Mexico residency so long as they take no action inconsistent with legal residence in New Mexico (such as voting or obtaining a license in another state or receiving resident tuition in another state) and return to NM within one year of completion;
  • Applicants incarcerated in New Mexico cannot include any incarcerated time toward the 12 month requirement.  Applicants can count time from release and presence in New Mexico immediately prior to incarceration.

Financial Independence Requirement Waiver

All other requirements must be met

Emancipated minors (persons sixteen years of age or older) shall be regarded as an adult for determining residency status provided they (1) have entered into a valid marriage regardless of whether such marriage has been terminated by dissolution, (2) are on active duty with any of the armed forces of the United States, or (3) a court has granted a declaration of emancipation from their parents, guardian or custodian.

Residency Overrides

Students meeting any of the following conditions override the four basic residency requirements and can be granted residency:

  • Any enrolled member of an American Indian nation, tribe or pueblo located wholly or partially in New Mexico (copy of your C.I.B. is required);
  • Any active member (or spouse or dependent) of the armed forces including the national guard stationed in NM. (Active duty military waiver form is required);
  • SB582 - Any person who attended high school in NM for at least one year and received a HS diploma or GED from a NM institution regardless of immigration status may establish residency (NM high school transcript required; if you attended one HS for at least one year but did not graduate, a copy of your diploma from a different NM institution showing graduation is also required).