Determination of Residency for Tuition Purposes
“Domicile” is a legal term that is defined as the place where an individual intends to remain and live permanently or indefinitely. It is the place where a person intends to return to after any absence. A person may live in a place for temporary purposes, such as a vacation or attending college. Once the goal of the temporary purpose is accomplished, however, the person does not intend to remain in that place. Since the person's presence is only for temporary reasons, the individual cannot be considered an in-state resident for tuition purposes.
Residency for tuition purposes is defined and solely controlled by regulations of the Board of Governors of the State System of Higher Education. In order to qualify under the regulations, an individual must be able to demonstrate an established intent to reside permanently or indefinitely in the Commonwealth of ϳԹ. There are numerous factors that may be considered in determining whether or not an individual has this appropriate intent.
If you continue to disagree with the university's determination of your classification, you may make a written appeal to the Office of the Chancellor within 30 days of the date that the university's decision is mailed to you. The Office of the Chancellor will designate a hearing officer to review the appeal and make recommendations for the Chancellor's decision. You, as well as the university, will be permitted to submit additional information to be considered and a written argument to support your position. The Chancellor's written decision on appeal will be decided within 90 days of receipt of your appeal and will be the final decision within the State System of Higher Education.
Because the intent to reside in-state is subjective, only you can know your true intent. Your actions and conduct, however, can demonstrate to others whether you possess such intent. You alone have the burden of proving by clear and convincing evidence that you possess the requisite intent to reside in ϳԹ either permanently or indefinitely. Based upon the evidence that you submit or that may otherwise be available, a university administrator or committee will decide whether it is more likely than not that you intend to remain in ϳԹ on a permanent or indefinite basis. Your overall conduct and actions will be reviewed, and no single factor can demonstrate the appropriate intent to remain living in state.
A decision will be made by looking at your total circumstances as to whether your conduct and actions show that you are not merely living in ϳԹ for the temporary purpose of attending college. There is no checklist of conduct or actions that will automatically result in anyone being reclassified as an in-state resident. In an application for classification, you will, however, be asked a number of questions. The items of information requested are not equally demonstrative of one's intent to reside in ϳԹ. Certain actions can be easily taken, although a person only intends to temporarily reside in ϳԹ. Thus, it will be the quality and not the quantity of information you submit that will lead to a determination.
Among the information you will be requested to submit for review is the following:
- Do you have financial aid based upon maintaining a residency in a state other than ϳԹ?
- Do you lease or own a permanent, independent residence in ϳԹ?
- Do you pay ϳԹ and local taxes, particularly during temporary absences from the state?
- Have you transferred accounts, stock, automobiles, and other registered property in the state?
- Did you obtain a ϳԹ driver's license and register your automobile in ϳԹ?
- Do you have permanent, full-time employment in ϳԹ?
- Do you have memberships in social, civic, political, athletic, and religious organizations in the state?
This list of questions should not be considered a checklist, nor are you limited to furnishing only the information requested on an application for classification form. The questions here and on the form are only intended to give an indication of the type of action or conduct that can be considered in deciding residency status. You have the opportunity to provide any and all evidence that you believe supports your position that you intend to reside in ϳԹ on a permanent or indefinite basis. In particular, you will want to demonstrate that your presence in the state is not merely for the purpose of attending college.
There is an appeal process. It is recommended that an appointment be set up with the Residency Officer before completing any forms. The residency reclassification appeal and student domicile regulations can then be explained. After completing the appeal form, the student returns it, along with all supporting documentation, to the Residency Officer. The Residency Officer will mail a written decision of the appeal within 30 days of receipt of a complete appeal application.
If I have not lived in ϳԹ for 12 months prior to registering as a college or university student, can I still establish residency for tuition purposes?
If you have continuously resided in ϳԹ for a period of 12 months prior to enrolling in a ϳԹ institution of higher education, you are presumed to be a ϳԹ resident. But, if you have resided in ϳԹ for a shorter period of time, there is a presumption that you are not a ϳԹ resident. This is not a conclusive presumption, however, only a rebuttable presumption. This means that the presumption may be overcome by demonstrating through clear and convincing evidence your intent to reside in the state on a permanent or indefinite basis. In order to establish ϳԹ residency, you will have to show evidence that sufficiently convinces a reasonable person that it is more likely true than not that you are in fact residing permanently or indefinitely in ϳԹ. Your evidence should prove that you are not in ϳԹ solely to attend college.
You will continue to be classified as an out-of-state student for as long as you are unable to prove that you intend to reside permanently or indefinitely in ϳԹ. If your circumstances show that you are merely in ϳԹ to attend college, you will not be reclassified to in-state status. Certain factors, such as temporary summer or part-time school year employment in ϳԹ, are not significant factors and are merely a consequence of your primary purpose to attend college.
I am a member of the ϳԹ Army National Guard. Does this mean that I qualify for residency status for tuition purposes?
Membership in the ϳԹ Army National Guard does not automatically qualify a student for residency with regard to tuition at ϳԹ. Should any out-of-state student, as a member of the guard, be called to active duty, that member may apply for residency status based on active duty status.
I have one parent in ϳԹ and one in another state. Can I get residency status based upon my parent who is a ϳԹ resident?
Residency is based on many factors. Should one parent financially support a minor, with proof of that support by either tax documents or court documents, ϳԹ residency will be considered. All cases are based upon the evidence as it is presented and can depend on proof of ϳԹ residency established by the minor as well.
I am 20 years old and am registered to vote. Why does the university still consider me to be a minor?
Residency for tuition purposes is completely controlled by the regulations of the Board of Governors of the State System of Higher Education. The regulations specifically state that the age of majority for the determination of residency for tuition purposes is 22 years of age. Other laws, such as voter registration, may have a different age for obtaining majority status, but these laws do not apply to determinations of residency for tuition purposes.